Warrant requirements

Question 1

Two prongs for a warrant PLUS

Answer 1

1. Probable cause
2. Warrant must describe what will be searched or seized with particularity.
3. Must be approved by a neutral magistrate

Question 2

7 Probable Cause Factors to Consider under Gates

Answer 2

i. Prediction of future activity, corroborated by police, carries a lot of weight.
ii. Underlying circumstance of the tipster’s information
iii. The reliability of the source (past experience)
iv. Whether government has engaged in any independent verification
v. Specificity of the information
vi. Whether there has been an opportunity for police to see or hear the matter reported
vii. Maybe: the greater the severity of the crime, the more likely you should get a warrant, reasonableness

Question 3

Accomplices (Patterson)

Answer 3

Defendant can be convicted solely on basis of uncorroborated testimony of an accomplice, so that testimony should also support probable cause.

Question 4

Guy walking faster than others at train station, says he’s from DC but address shows MD, only carrying gym bag, started going faster when he made eye contact with plainclothes LE, and began pulling stuff out of his luggage (including brick wrapped in duct tape) was enough for PC. Was there probable cause?

Answer 4

Yes.

Question 5

Person described as Hispanic male in his 20s in black leather jacket, grey pants with a comb in his pocket, and a white v-neck t shirt with dark trim on the collar. Police arrested wrong person and found drugs on him too. Was there probable cause?

Answer 5

Yes.

Question 6

Description of “two black men in a sports car.” Is this sufficient for probable cause?

Answer 6

No

Question 7

In which case is there probable cause?
1. Police arrest all occupants of car when driver consents to search, drugs are found, and no one claims them.
2. Everyone at a public tavern is pat down?

Answer 7

All occupants in a car because people are usually engaged in collaborative activity in a car together.

Question 8

Three criteria for warrantless searches in closely regulated businesses.

Answer 8

1. Substantial government interest that informs regulatory scheme
2. Warrantless inspection necessary to further the scheme.
3. Statute’s inspection program must provide a constitutionally adequate substitute for a warrant.

Question 9

When will courts uphold a warrantless, suspicionless inventory search?

Answer 9

1. Protects police from false property claims
2. Protects the property interests of the owner
3. Protects police and public from dangerous items