Warrants

Question 1

Arrest Warrant

Answer 1

fair probability that a crime was committed and that the person to be arrested committed the crime

Question 2

Search warrant

Answer 2

fair probability that the specified items sought are evidence of criminal activity and that those items are presently located at the specified place described in the application

Question 3

Warrant Requirements

Answer 3

Warrant must:
 Be issued by a neutral and detached magistrate
 Be based on PC
 Be supported by oath or affirmation
 Particularly describe the place to be searched and the person
or thing to be seized

Question 4

Probable Cause

Answer 4

facts and circumstances within officer’s
knowledge based on reasonably trustworthy information
supports a person of reasonable caution to believe that

Question 5

Executing a warrant

Answer 5

You can detain people when executing a warrant as long as it is reasonable, but cant search them if not in the warrant.

Question 6

Knock and announce

Answer 6

Must knock and announce unless reasonable suspicion that doing so is danger to officers or evidence will be destroyed. Evidence discovered after officers violate a knock and announce will not be suppressed.

Question 7

Mistake

Answer 7

A mistake in the execution of a valid warrant does not violate the 4th amendment and does not require suppression of any evidence discovered if the mistake was objectively reasonable and understandable.