Warrants Flashcards
Arrest warrant
issued by a magistrate upon a showing of probable cause to believe that the subject of the warrant has committed an offense, and the warrant serves to protect the person from unreasonable seizure
Search warrant
issued upon showing probable cause to believe that the legitimate object of a search is located in a particular space, and safeguards of an individual’s privacy interests in his home and possessions from intrusion
Peyton v. New York
There must be a warrant with probable cause, it is a solid requirement to enter the home because of its sacredness
Watson v. New York
Warrants are not needed to enter public space because there is a lack of privacy concerns
Gerstein v. Pugh
Judicial officers must provide a fair and reliable determination of an arrest within 48 hours because it is disruptive to be arrested
Johnson v. U.S.
Warrants must be presented to a homeowner by a real, neutral judge in order to be valid
Showing a fake warrant is not permitted
Lo-Ji Sales, Inc. v. United States
A warrant must:
1) describe things needed to be seized
2) based on probable cause of a DETACHED MAGISTRATE
3) issued by a NEUTRAL judge
Open ended warrants are permitted
Judge has to be excluded from the search
Richards v. Wisconsin
The fourth amendment does contain an implicit rule that law enforcement knock and announce their presence before entering
This rule is followed by a CASE-BY-CASE analysis at the time the search was executed
The issue that evidence could be destroyed is the fundamental problem
Warrant requirements:
1) probable cause
2) neutral magistrate
3) specificity of the needed requirements
4) proper presentation (case-by-case basis)
When must a PC hearing be held?
48 hours after arrest
When is a witness tip credible NOW?
If there a substantial basis for the conclusion will uncover evidence of a wrongdoing (Gates Test)
What was the test for tips before Gates?
1) Veracity/Reliability of the tip
2) Basis of the Knowledge: consider the underlying circumstances that form the basis of its conclusions (specific facts that back the tip up)
4th amendment clause
“no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched or the people to be seized”
