Warrants

Question 1

Warrant Team

Answer 1

• Emphasizes need to get a warrant above all
• Interposes judge between police and executing the warrant
• very few exceptions

Question 2

Reasonableness Team

Answer 2

• Police, above all, should be reasonable
• May not have time to get a warrant
• Should trust the police and not get hung up on paper that says they’re unreasonable
  
  • Have to look at actual actions of police

Question 3

4 Basic Questions Regarding the Warrant

Answer 3

1) What must be included in the Warrant Application
2) What form must the warrant take in order to be valid?
3) What are the requirements police must follow in executing the warrant?
4) When is a warrant required? (Most basic, most important)

Question 4

Andreson v. Maryland (evidence related to crime detailed on the warrant)

Answer 4

Evidence of crimes which relate to or are relevant to proving a crime under which the warrant is issued may be validly seized under the warrant.

Question 5

Groh (form of the warrant)

Answer 5

The warrant itself, and not the warrant application as a whole, must particularly describe the place and the persons or things to be seized.

Question 6

Grubbs (anticipatory warrants)

Answer 6

Anticipatory warrants are no different in principle from ordinary warrants. However, two conditions must be satisfied,

(1) it must be true not only that if the triggering condition occurs, probable cause will exist, but also
(2) that there is probable cause that the triggering condition will itself occur.

Question 7

Summers Doctrine

Answer 7

Those present during a search can be detained

Question 8

Muehler (Explanation of Summers)

Answer 8

A detention while a search is being made is generally justified because the intrusion is generally slight (certainly compared to the search itself) and justified to prevent flight, minimize risk to the officers, and to facilitate the completion of the search.

Question 9

Wilson (Knock and Announce)

Answer 9

Knock and announce forms a part of the “reasonableness inquiry” under the Fourth Amendment for a search.

Question 10

Richards (Knock and Announce)

Answer 10

There is no blanket exception to the knock and announce rule for “drug crimes.”

To justify a no-knock entry, police must have a reasonable suspicion that knocking and announcing their presence, under the particular circumstances, would be dangerous or futile, or that it would inhibit the effective investigation of the crime for, by example, allowing the destruction of evidence.

Question 11

Maryland v. Garrison (2 Rules - Particularity & Validity)

Answer 11

Rule 1: Warrants must particularly describe the place to be searched and the thing to be searched for. The scope of the search will be defined by the object of the search, and the places where there is probable cause to believe that it may be found.

Rule 2: The validity of a warrant must be assessed on the basis of the information that the officers disclosed, or had a duty to discover and to disclose, to the issuing Magistrate.

Question 12

Rettele

Answer 12

Naked people case –> Rule 2 Validity from Garrison

It was reasonable to detain them based on the info they had available

Question 13

Bailey

Answer 13

Reaffirms rule in Mueler, but limits it to the detention of recent occupants to the immediate vicinity of the premises to be searched.