Warranted Searches

Question 1

What is the key question w/r/t warranted searches?

Answer 1

Did the warranted search/seizure satisfy Fourth Am requirements?

Question 2

What are the issues to examine when evaluating 4A-compliant warranted search?

Answer 2

1. Was the warrant issued by neutral detached magistrate?
2. Was the warrant supported by probable cause and particularity?
3. If not, did police officers rely on a defective warrant in good faith?
4. Was the warrant properly executed?

Question 3

What is a neutral detached magistrate?

Answer 3

A judicial officer whose behavior does not demonstrate bias in favor of the prosecution

(i.e., a judge who demonstrates some bias for the prosecution is NOT neutral… duh)

Question 4

What constitutes probable cause for a warrant?

Answer 4

Proof of a “fair probability” that contraband or evidence of crime will be found in the area searched

(N.B. Hearsay IS admissible to furnish probable cause!)

Question 5

When may police may rely on information in a tip to form probable cause? (4)

Answer 5

Police may rely on tip info (even if anonymous!) IF the info is sufficient such that:

(i) The police can confirm enough info such that (ii) a magistrate can make a common-sense, practical determination (iii) that probable cause exists (iv) based on a totality of the circumstances

Question 6

NY QUESTION

What is the NY rule for relying on tip information to form probable cause for a warrant? (Aguilar-Spinelli)

Answer 6

Aguilar-Spinelli test:

When applying for a search warrant, Govt must establish:

1. Informant’s reliability OR veracity; AND
2. Informant’s basis of knowledge

Question 7

NY QUESTION

In NY, how may probable cause for a warrant be established when an informant has not revealed the basis of his knowledge?

Answer 7

Observation that confirms sufficient detail suggestive of, or directly related to, the criminal activity in question

Question 8

What must be included in a warrant for it to satisfy the particularity requirement?

Answer 8

1. The place to be searched AND
2. The items to be seized

Question 9

What is the general rule on defective warrants?

Answer 9

An officer’s good faith saves defective warrants and allows admission of evidence collected under them

(but see exceptions)

(NOT IN NY!)

Question 10

What are the four exceptions to the general rule that an officer’s good faith saves a defective warrant?

(MBE RULE ONLY)

Answer 10

Regardless of officer’s good faith, evidence gathered via a defective warrant will be indamissible IF:

1. Affidavit supporting the warrant is so egregiously lacking in probable cause that no reasonable officer would have relied on it;
2. The warrant is so facially deficient in particularity that officers could not reasonably presume it to be valid;
3. The affidavit relied upon by the magistrate contains knowing or reckless falsehoods that are necessary to the probable cause finding; OR
4. The magistrate who issued the warrant is biased in favor of the prosecution

Question 11

NY QUESTION

What is the NY Rule for defective warrants?

Answer 11

They are rejected. Officer’s good faith makes no difference (unlike MBE).

Question 12

What are the requirements for a warrant to be properly executed?

Answer 12

Officers must:

1. Comply with the terms and limitations of the warrant (i.e., search only those areas and items authorized by the warrant); AND
2. Obey the “knock and announce” rule (i.e., announce their presence AND purpose before forcibly entering the place to be searched, unless doing so would be futile, dangerous, or would inhibit the investigation)

Question 13

What constitutes compliance with the terms and limitations of a warrant?

Answer 13

1. Officers may only search those areas and items authorized by the language of the warrant
   (e. g., Containers too small to hold the named contraband are outside the scope of the warrant)

(N.B. Officers may detain occupants found within or immediately outside the residence)

Question 14

What is the knock and announce rule?

Answer 14

Officers must knock and announce their presence and purpose before forcibly entering the place to be searched,

UNLESS officer reasonably believes doing so would:

1. Be futile,
2. Be dangerous, OR
3. Inhibit the investigation

Question 15

When may an officer forgo the knock and announce rule?

Answer 15

Officer must knock and announce presence and purpose before using forcible entry UNLESS officer reasonably believes:

1. Futile
2. Dangerous OR
3. Would inhibit the investigation