Warrant Satisfying 4th Amend. Flashcards
In terms of whether the government agent had a warrant and whether it satisfied the 4th Amendment, what 4 things must a person prove?
- That the warrant was issued by a neutral and detached magistrate
- That the warrant was supported by probable cause and particularity
- If not, can the police rely on the defective warrant in good faith?
- The warrant was properly executed by the police
A judicial officer ceases to be neutral And detattched when?
When their conduct demonstrates a bias in favour of the prosecution
What does a warrant need to be supported by?
PROBABLE CAUSE, which requires proof of a fair probability that contraband or evidence of a crime will be found in the area to be searched
PARTICULARITY: (1) in the place to be searched, AND (2) the items to be seized
Can police rely on a an anonymous tip as a basis for their warrant?
Yes, provided there is enough information to allow the magistrate to make a common sense practical determine that probable cause exists, based on a totality of the circumstances
In which circumstances can the police never rely on “good faith” to revive the defective warrant?
- egregious lack of probable cause
- warrant racially deficient in particularity
- knowing or reckless falsehoods
- magistrate was bias
To comply with the warrant the police must knock and announce their PRESENCE and their PURPOSE before forcing entry, unless what?
They reasonably believe that doing so would be futile, dangerous or inhibit the investigation.
In order to get a warrant for a wiretap, the police must demonstrate/include what?
- The NAME OF SUSPECTED person whose conversations are to be recorded
- PROBABLE CASUE that a specific crime has been committed
- PARTICULARITY of the conversations to be heard
- TIME LIMIT
What is the Unreliable Ear Doctrine?
A speaker assumes the risk that the person to whom he is talking is an informer wired to record their conversation (so you assume the risk that the other person will not keep your conversation private).
