Warrants and searches

Question 1

It is nothing more than a search warrant authorizing the police to “search” an item (typically by subjecting it to forensic testing) which they came to possess lawfully, but lack lawful authority to search beyond a visual inspection or inventory without a warrant.

Answer 1

Joyce warrant

Question 2

Four steps to process a crime scene

Answer 2

Interview, Examine, Photograph, Process

Question 3

Police: License to enter

Answer 3

The police may enter upon a protected area without a warrant, or other constitutional justification, so long as they do so consistent with an explicit or implied license to do so.Barring measures taken by the homeowner which make it clear that no one is impliedly invited to approach the house and ring the bell, the police may enter upon curtilage for this purpose and they are, of course, free to receive and utilize sensory information as they do so. No one, however, “is impliedly invited to enter the protected premises of the home in order to do nothing but conduct a search

Question 4

Sec. 54-33a. Issuance of search warrant AND
54-33b. Search of person
(what can be searched?)

Answer 4

“property” includes, but is not limited to, documents, books, papers, films, recordings, records, data and any other tangible thing; and “tracking device” means an electronic or mechanical device that permits the tracking of the movement of a person or object.

A law enforcement official serving a search warrant may, if such official has reason to believe that any of the property described in the warrant is concealed in the garments of any person in or upon the place or thing to be searched, search the person for the purpose of seizing the same.

Question 5

Key components to a search warrant

Answer 5

(1) particularity of the descriptions of what is to be searched and what is to be seized; (2) probable cause to believe that the items sought are (a) connected with criminality, and (b) presently in the space to be searched. A deficiency in any area will render the warrant unconstitutional and invalid

Question 6

What is the “Four Corners” Rule?

Answer 6

As a general rule, the judge issuing the warrant may only consider the “four corners” of the affidavit itself and nothing extraneous thereto

Question 7

“What is the Totality of the Circumstances” Test as it applies to search warrants?

Answer 7

In determining whether information establishes probable cause, the judge must make “a practical, nontechnical decision whether, given all the circumstances set forth in the warrant affidavit, including the ‘veracity’ and the ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.”

Question 8

Two types of information are used to establish probable cause?

Answer 8

(1) first hand information and
(2) second hand (or hearsay) information

Question 9

What is First Hand Information?

Answer 9

Any information which is derived from the law enforcement affiants’ own personal knowledge. A judge may consider this information at face value, without any further inquiry regarding its reliability, because law enforcement officers are presumed to be credible and their information is presumed to be reliable.

Question 10

What is Second Hand information?

Answer 10

Any information which is not derived from the law enforcement affiants’ own personal knowledge, but from any other source. Before a judge may consider hearsay information, he must inquire regarding its reliability or the credibility of its source

Question 11

What is an anticipatory warrant?

Answer 11

An anticipatory search warrant is one which becomes effective upon the happening of a future event, frequently the controlled delivery of contraband to the target premises.
Remember that an anticipatory warrant is issued before the item sought has reached the place to be searched pursuant to the warrant. Therefore, in addition to establishing probable cause to believe that the item sought is evidence of a crime or contraband, the affidavit must establish probable cause to believe that the item will be located in place to be searched at the time that the warrant is executed. Obviously, the warrant cannot properly be executed unless and until the item arrives at the place to be searched.

Question 12

If a judge signs the warrant itself, but not under jurat, is the warrant still valid?

Answer 12

yes

Question 13

If the judge signs as jurat, but does not sign the search warrant itself, is the warrant still valid?

Answer 13

no

Question 14

How long is a search warrant valid for?

Answer 14

10 days

Question 15

If a search warrant is not executed within 10 days and it expires? What should you do next?

Answer 15

Submit another warrant and explain the circumstances of non-execution along with any updated information

Question 16

How quickly should a search warrant be returned?“

Answer 16

“with reasonable promptness consistent with due process of law and shall be accompanied by a written inventory of all property seized.” The law offers no definition of “reasonable promptness.” Unnecessary and protracted delay should be avoided.

Question 17

A copy of the search warrant shall be provided to the owner, occupant, or person named in the warrant within ____hrs?

Answer 17

48hrs

Leave a copy of the warrant in the home if no one is present

Question 18

What is the knock and announce rule?

Answer 18

absent exigent circumstances, police officers entering a residence to execute a search warrant must knock and announce their identity and purpose prior to forcing entry

Question 19

The time between the “knock and announce” and a forced entry must be reasonable under the circumstances

Felony drug
vs
felony drug and weapon warrant

Answer 19

courts do not recognize a blanket exception to the rule for felony drug warrants…

15 to 20 seconds for felony drug
7 to 8 second delay in felony drug and weapon

Question 20

What are the 3 exceptions to the knock and announce rule?

Answer 20

(1) the circumstances present a threat of physical violence; or (2) evidence would likely be destroyed if advance notice were given; or (3) announcing would be futile (such as where the occupants know of the police presence)

Question 21

Authority to detain individuals during execution of a search warrant is based on what LE interests?

Answer 21

“preventing flight in the event that incriminating evidence is found”;

“minimizing the risk of harm to the officers”;

and facilitating “the orderly completion of the search,”

Question 22

Who can be searched during the execution of a search warrant?

Answer 22

A search warrant authorizes only the search of persons named therein.

Police may search anyone arrested during the execution of a warrant as incident to lawful custodial arrest and they may search anyone whom they reasonably believe is concealing an item described in the warrant.

Question 23

Who can be frisked during a the execution of a search warrant?

Answer 23

Police may frisk anyone whom they reasonably believe to be armed. If the search relates to an inherently dangerous criminal activity, such as drug dealing, all persons present and associated with the activity may be frisked for weapons

Question 24

What else can be seized during a search warrant that had not been listed?

Answer 24

Police also may seize items not described in the warrant which are in plain view and are readily discernable contraband or evidence of crime.

Question 25

What is the exclusionary rule?

Answer 25

Evidence seized as a result of unlawful action by the police, or any evidence that is the “fruit” thereof, is subject to suppression at trial. It’s sole purpose is to deter future 4th amendment violations

Question 26

What are the 5 (6) exceptions to the exclusionary rule?

Answer 26

1) Objectively Reasonable Reliance based on binding precedent
2) Attenuation - e.g. illegal detention of individual, learns that individual has warrant for his arrest, finds evidence of crime on his person and seizes it under the arrest (warrant)
3) Independent Source -Tainted evidence may be admitted if it was obtained, in fact, by a lawful means untainted by the illegality.
4) Inevitable discovery
5) New Crime exception - The exclusionary rule cannot be used to suppress evidence of a new crime committed in response to any illegal police conduct
6) Good faith (Does not apply in CT)

Question 27

What is a franks hearing or motion?

Answer 27

When the defendant contest the veracity of a search warrant

Question 28

What are the 7 exceptions to the search warrant?

Answer 28

1) Plain view
2) Automobile exception
3) Consent (unsolicited)
4) Exigent circumstances
5) Search incident to a custodial arrest
6) Community Caretaking function
7) Inventory search -so long as the inventory is conducted pursuant to a standardized departmental procedure

Question 29

The police are authorized to search the interior compartment of a vehicle incident to the arrest of a recent occupant only if:

Answer 29

(1) the arrestee is within reaching distance of the vehicle at the time of the search; or (2) there is reason to believe that the vehicle contains evidence of the offense of arrest. Arizona v. Gant, 556 U.S. 332 (2009).

Under the Connecticut Constitution, the vehicle search is permitted only while the arrestee remains at the scene of the arrest. Once the arrestee is removed from the scene, for whatever reason, the authority to search the vehicle’s interior under this exception ends.

Question 30

Whenever a search of a motor vehicle is anticipated for the purpose of seizing G.O. 1.02 - 4 contraband, controlled substances, or criminal evidence, a warrant should be utilized, unless probable cause exists and at least one of the following circumstances apply:

Answer 30

(a) The vehicle is moving, has recently been moved, or the officer has reason to believe that the vehicle may be moved
(b) The possibility exists that an alerted criminal will use the vehicle to flee
(c) It is impractical to post a detail to guard the vehicle pending evidence collection
(d) The possibility exists that time or elements may destroy the evidence
(e) It is an emergency situation in which the vehicle must be searched to save life, prevent injury to others, or prevent serious damage to property

Question 31

First Tier Protective Sweep

Answer 31

Arresting officers may, as a precautionary matter and without further justification, examine areas and places immediately adjoining the place of arrest from which an attack could immediately be launched.

Question 32

Second Tier Protective Sweep

Answer 32

Arresting officers may sweep areas beyond those immediately adjoining the place of arrest based on a reasonable and articulable belief that the area poses a danger to those on-scene.

Question 33

Can the odor of burnt marijuana alone constitute a search of a motor vehicle?

Answer 33

no

Question 34

What quantity of cannabis would support enough probable cause to search a vehicle?

Answer 34

More than 5 ounces

Question 35

Reasonable suspicion defined

Answer 35

Also known as articulable suspicion. Suspicion that is more than a mere
hunch, but is based on a set of articulable facts and circumstances that would warrant a person of
reasonable caution in believing that an infraction of the law has been committed, is about to be
committed, or is in the process of being committed, by the person or persons under suspicion.
This can be based on the observations of a police officer combined with his or her training and
experience, and/or reliable information received from credible outside sources.

Question 36

Probable Cause Defined

Answer 36

Probable cause is more than mere reasonable suspicion, but less than proof beyond a reasonable doubt. Probable cause exists if based on the facts and circumstances, an
experienced Officer would reasonably believe that criminal activity has occurred, is occurring, or
is about to occur.

Question 37

Incidental Detention of Companions

Answer 37

It is reasonable under the state constitution “for officers to briefly detain a suspect’s companion [for whom no individualized suspicion exists] incident to the lawful stop of the suspect when the officers reasonably believe that the suspect presents a threat to their safety.”

Question 38

When are pat downs/frisks permitted?

Answer 38

Police are permitted to conduct a patdown, or frisk, based on a reasonable belief that the person is potentially armed or dangerous

Question 39

Can a detainee be transported to police headquarters or elsewhere for further investigation?

Answer 39

No, unless special circumstances exist…
e.g. Witness was hospitalized and the detainee was transported there briefly for identification.
Detainee was transported to headquarters due to a volatile situation on scene that posed a risk to officers

Question 40

When can you use a “show up” identification procedure in lieu of a photo array or line up?

Answer 40

Shows up are very suggestive and should not be used unless under very special circumstances.

e.g.State v. Revels, 313 Conn. 762 (2014). In Revels, the court upheld the use of a show-up where the police received a report of shots fired, discovered a man that lay dying of a gunshot wound on the street with what was likely his own firearm near his body, and thus had reason to believe that the shooter was likely on the run, in the area, and armed. Under these circumstances, which also included the fact that no firearm had been recovered from the suspect, the police needed to act quickly to determine whether the eyewitness to the shooting could or could not identify the suspect. An immediate attempt at an identification further ensured that the victim viewed the suspect while her recollection was still fresh. The court also took into account the lateness of the hour (11:40 p.m.), which it said made a quick line-up effectively impossible and a quick photo array impracticable.

Question 41

What case allowed the officer to order an operator of of the vehicle following a traffic stop?

Answer 41

Pennsylvania v Mimms

Question 42

Pertaining to motor vehicles, what crimes can a person not be released upon their own recognizance?

Answer 42

OUI, Evading responsibility, using a M/V w/o permission, or involved in the death or serious injury of another person

Question 43

What questions are to be asked at sobriety checkpoints?

Answer 43

Where are you coming from?
Have you consumed any alcohol tonight?
If yes, how much?

Question 44

Are drug interdiction checkpoints legal?

Answer 44

no

Question 45

Are emergency checkpoints legal?

Answer 45

yes, however only to thwart an, “imminent terrorist attack,” or apprehend a fleeing dangerous criminal.”

Question 46

Are information seeking checkpoints legal?

Answer 46

yes, but only to seek witness information regarding a crime that occurred recently in that vicinity.

Illinois v. Lidster, 540 U.S. 419 (2004). In Lidster, every motorist was briefly stopped and asked about a fatal hit-and-run accident that had occurred at the location one week earlier. Note: Conducted in an unreasonable manner, a checkpoint of this type will be unconstitutional.

Question 47

What did State vs Kono address pertaining to sensory enhancement?

Answer 47

the court held that the warrantless dog sniff of the front door of a residential condominium for marijuana, launched from the common hallway in a multiunit complex, constituted an unlawful search under the state constitution. The court concluded that while the police had a lawful right to be in the common hallway, their use therein of a specially trained drug detection dog to sniff the front door of a private residence was akin to using sensory enhancing technology and invaded the defendant’s reasonable expectation of privacy in his residence regardless of the fact that dog could only detect the odor of contraband substances.

Question 48

Can you use thermal imaging to establish probable cause w/o a search warrant?

Answer 48

No, the use of a device, not in general public use, to explore the details of a home that would previously have been unknowable without physical intrusion, constitutes a search and requires a warrant. Kyllo v. United States, 533 U.S. 27 (2001) (thermal imaging device used to detect heat waste emanating from private residence).

Question 49

When can you use a tracking device on a vehicle?

Answer 49

This constitutes a search under the fourth amendment, and a search warrant should be applied for, even if the vehicle is located in a public place.

Question 50

Can a cell phone be searched pursuant to an arrest?

Answer 50

No, a search warrant must be applied for as a person has a reasonable expectation of privacy for the data contained within their cell phone.

Question 51

What is an ex parte order?

Answer 51

one that is made without the other party being made aware of it

Question 52

Are third party searches illegal?

Answer 52

The U.S. Supreme Court held that the fourth amendment is not applicable to searches by private parties, even when such searches are clearly illegal.

Constitutional restrictions do apply to private citizens acting as agents or instruments of the government.

Question 53

Define strip search

Answer 53

A “strip search”is defined as having an arrested person remove or rearrange some or all of his clothing to permit a visual inspection of the genitals, buttocks, anus, female breasts or undergarments used to cloth these parts of the body

Question 54

When can a body cavity search be performed?

Answer 54

No search of any body cavity other than the mouth may be conducted without a search warrant, which, of course, requires probable cause. The warrant must specify that the search be performed under sanitary conditions and be conducted either by or under the supervision of a person licensed to practice medicine

Question 55

Can you search school lockers without a warrant?

Answer 55

All local and regional boards of education and all private elementary and secondary schools may authorize the search by school or law enforcement officials of lockers and other school property available for use by students for the presence of weapons, contraband of fruits of a crime if (1) the search is justified at its inception and (2) the search as actually conducted is reasonably related in scope to the circumstances which justified the interference in the first place. A search is justified at its inception when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school. A search is reasonably related in scope when the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.

Question 56

pursuit that is “conducted without undue delay and is accomplished at the earliest safe opportunity

Answer 56

immediate pursuit

Question 57

What two conditions are needed to make a warrantless entry into a home?

Answer 57

probable cause and exigent circumstances

Question 58

Judicial Probable cause determination:

Answer 58

a person who has been arrested without a warrant must be presented to court within 48hrs. If the subject is to be held longer than 48hrs, a judicial probable cause determination must be made by a judge.

Question 59

Can you force entry into a residence if you possess a felony arrest warrant someone who lives there?

Answer 59

yes

Question 60

What do you need in order to apprehend a felon in a residence other than their own, and without hot pursuit.

Answer 60

A felony arrest warrant AND a search warrant

Question 61

Scenario: An officers issues a subject a misdemeanor summons, but they refuse to sign it?

Answer 61

Taken into custody and processed

Question 62

Officer attempts to arrest an individual, who would have normally been issued a summons, but was not able to do so. Can a summons be issued after their shift?

Answer 62

yes, but if the subject refuse to sign it you must obtain a warrant.

Question 63

If an individual has been arrested, but further investigation reveals thats there was no probable cause to do, who shall be notified?

Answer 63

Captain or above