Warrant Requirement and Unreasonableness

Question 1

Norm showing for searches & public arrests

Answer 1

searches: PC and warrant
Public Arrests: PC

Question 2

Warrant Requirement for Searches

Answer 2

1. probable cause
2. oath or affirmation from a neutal and detached official
3. particularity describing the place to be searched, and the persons or things to be seized
4. proper execution

Question 3

PC to Search

Answer 3

need warrant + probable cause
1. something that can be properly subject to search or seizure by the gov
2. presently- if not now, sufficient likelihood that the item will be there in the future
3. in the specific place to be searched

Question 4

Staleness

Answer 4

concerns whether the item can presently be found at a certain location. Related to the passge of time; does not apply to arrests

Question 5

Exclusionary Rule

Answer 5

reliable evidence, obtained on the basis of probable cause, will be excluded from the defendnat’s trial pursuant to the Fourth amendment exlcusionary rule.

Question 6

Particularity

Answer 6

the warrant must particularly describe the place to be searched, and th persons or things to be seized
- limits the scope of the search to areas where items are likely to be located

from the officers perspective

Question 7

Neutral and Detached

Answer 7

a magistrate is not neutral and detached if he is paid on the basis of the warrants he issues

Question 8

Properly executed

Answer 8

warrant must be properly executed

knock and annouce

Question 9

knock-and-announce

Answer 9

unannouced search of a home is presumptively unreasonable in execution unless ht epolice offer a sufficient justifiction for not giving notice before entering

• determined by a case by case basis; dangerous and futile

Question 10

Anticipatory Search Warrants

Answer 10

warrant based on affidavit showing probable cause that at some future time, certain evidence of a crime will be located at a specified place. There is a triggering condition.