Warrants & PC Flashcards

1
Q

When police have sought and obtained a warrant, two ex ante judgements have been made. By whom were they made?

A

1) Officer

2) Magistrate

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2
Q

A proper Warrant Contains:

A

□ Particularity of place to be searched and things to be seized
□ Neutral and detached decision maker
□ Probable Cause
□ Time Frame

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3
Q

What 2 things would not meet the Neutral/Detached Decision Maker Requirement for a warrant?

A

® Connaly
◊ Cant have financial incentive for signing off on warrant
® Coolage
◊ Violated when someone in prosecutors office signs off on it

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4
Q

Does a judge always have to sign the Warrant?

A

No, For some small things non-judges can do it (like a clerk)

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5
Q

Knock and Announce Rules

A

-Knock and announce unless theres reasonable suspicion
-Have to knock, but can break down door after 15-20 seconds, especially in drug cases
-Not ok to detain someone who is not connected to the offense/home (a mile is way too far)
◊ Detention away from the house can alert those in the house to destroy evidence
-Blanket rule that occupants of a residence can be seized during a search temporarily
} No requirements - officer safety

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6
Q

PC cannot be based on…

A

intuition - need a fact or circumstance

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7
Q

Informants & Corroboration - what courts have found and looked at/factors:

A

□ Court found probable cause with corroborated police informant
□ Informant was also a known informant
□ Facts corroborated were not that of a crime - just innocent details
§ Once you corroborate all innocent details and the persons conduct, then we will assume the criminal conduct exists
□ Majority of facts corroborated
□ Personal relationship of tipster
□ Would maybe fail spinelli test because tip was anonymous

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8
Q

Standard applied to corroboration of informants:

A

Totality of the Circumstances

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9
Q

Spinelli 2 Pronged Test on Informant Providing Info

A

□ Reliability

□ Basis of Knowledge (veracity of info)

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10
Q

To establish PC from an informant, you are going to need something…

A

predictive and corroborated

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11
Q

Dog sniffs - If a dog sniff alerts you, is this reliable as to establish PC?

A

Yes

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