Warrant Requirement

Question 1

What are the requirements of a valid warrant?

Answer 1

1. issued by a neutral and detached magistrate
2. supported by probable cause
3. supported by particularity

• must be properly executed
• if invalid, officers can rely in good faith and avoid the exclusionary rule (not in NY).

Question 2

When can an informant’s tip supply adequate probable cause for a warrant?

Answer 2

Okay even if tip is anonymous if:
- the tip is corroborated by the police on enough information for the magistrate to make a common sense, practical determination that probable cause exists.

NY still uses the Aguillar-Spinelli test to evaluate informant tips.

Question 3

What is the Aguillar-Spinelli test (used in NY)?

Answer 3

Test for evaluating informant tips:
If the basis of a search warrant, government must show:
1. informant’s veracity or reliability, and
2. the basis of the informant’s knowledge
[If no basis revealed, police must corroborate by observations that confirm detail suggestive of or directly related to the criminal activity]

Question 4

What is the requirement for particularity in a warrant?

Answer 4

The warrant must specify:

1. the place to be searched, and
2. the items to be seized

Question 5

What additional requirements are there for a wiretap warrant?

Answer 5

The warrant must identify with particularity:
1. showing of probable cause
2. names of suspected persons involved in the conversations
3. the conversations that can be overheard
4. wiretap is limited to a short period of time
(NY: maximum length is 30 days)
5. wiretap is terminated when desired information has been obtained

Question 6

When is the good faith exception to the warrant requirement unavailable?

Answer 6

In New York always!
MBE: when one of the 4 exceptions is present:
1. affidavit supporting the warrant is so egregiously lacking in probable cause that a reasonable officer would know it’s insufficient
2. warrant is so facially deficient that a reasonable officer wouldn’t rely on it
3. affidavit contained knowing or reckless falsehoods necessary to a finding of probable cause.
4. magistrate was biased in favor of the prosecution.

Question 7

What must officers do to validly execute a warrant?

Answer 7

1. comply with the warrant’s scope, and

2. comply with the knock and announce rules

Question 8

When is “knock and announce” not required?

Answer 8

If the officer reasonably believes doing so would be:

1. futile,
2. dangerous, or
3. would inhibit investigation