Criminal Procedure Issue Two: Did the search or seizure conducted pursuant to a search warrant satisfy 4th Amendment requirements?

Question 1

I2 Four Key Questions

Answer 1

1. Was the warrant issued by a NATURAL and DETACHED magistrate? (conduct can’t demonstrate bias i.e. judge whose salary was based on warrants)
2. Is the warrant supported by PROBABLE CAUSE and PARTICULARITY?
3. If not, did police officers rely on a defective warrant in GOOD FAITH?
4. Was the warrant PROPERLY EXECUTED by the police?

Question 2

I2: Q1 What is the standard?

Answer 2

A judicial officer ceases to be sufficiently “neutral and detached” for 4th Amendment purposes when her conduct demonstrates BIAS in favor of prosecution

Ex: Salary of town official responsible for issuing search warrants comprised entirely of cash award for each warrant issued

Question 3

I2: Q2 Probable Cause

Rule, Hearsay, Informant Tips

Answer 3

Probable cause requires proof of a “FAIR PROBABILITY” that contraband or evidence of crime will be found in the area searched.

A. Is hearsay admissible for this purpose? YES

B. Use of informant’s tips: Police may rely on information obtained through an informant’s tip, even if the information is ANONYMOUS. The sufficiency of the informant’s tip rests on CORROBORATION by the police of enough of the tipster’s information to allow the magistrate to make a COMMON SENSE PRACTICAL determination that probable cause exists based on a TOTALITY of the circumstances

Question 4

I2: Q2 Particularity –> How to satisfy

Answer 4

To satisfy the particularity requirement, the search warrant must specify two things:

1. The place to be searched; AND
2. The items to be seized

Need to specify the reason to enter, BUT if you find evidence of an entirely different crime it is ADMISSIBLE

Question 5

I2: Q2 What to look for in multiple-choice questions (defective warrant)

Answer 5

A warrant that is invalid due to the absence of probable cause or particularity can still be saved if the officer relied on it in “good faith”

Thus, if MC question or essay question presents a DEFECTIVE SEARCH WARRANT, proceed to question 3

Question 6

I2: Q3 Does an Officer’s “good faith” save a defective search warrant?

Answer 6

An officer’s GF overcomes constitutional deficits in probable cause and particularity.

ONLY overcomes lack of probable cause or lack of particularity

Question 7

I2: Q3 Four categorical Exceptions to the GF Doctrine

Answer 7

1. The affidavit supporting the warrant application is so EGREGIOUSLY lacking in that no reasonable officer would have relied on it
2. The warrant is so facially deficient in PARTICULARITY that officers could not reasonably presume it to be valid
3. The affidavit relied upon the magistrate contains KNOWING or RECKLESS FALSEHOODS that are necessary to the probable cause finding
4. The magistrate who issued the warrant is BIASED in favor of the prosecution

If the police had EITHER a valid warrant OR a defective warrant saved by the officers’ GF you must move to question 4

Question 8

I2: Q4 Was the Search warrant properly executed by the police?

Two aspects of inquiry

Answer 8

1. Compliance with the warrant’s terms and limitations
2. “Knock and Announce” rule

Question 9

I2: Q4 Compliance with the warrant’s terms and limitations

Answer 9

1. In executing the warrant, officers are allowed to search only those AREAS and ITEMS authorized by the language of the warrant
2. When executing a search warrant, officers may detain occupants found WITHIN or IMMEDIATELY OUTSIDE the residence (e.g. the front steps or adjacent pathway at the time of the search)

Question 10

I2: Q4 Compliance Hypo –> A warrant allows police to search “the living room and all bedrooms for stolen iPads”

What areas or items, if searched, would be OUTSIDE the scope of the warrant?

Answer 10

Areas: any rooms other than the LIVING ROOM and the BEDROOM (e.g. kitchen, dining room)

Items: any containers too small to hold an iPad (e.g. pill box, wallet)

Question 11

I2: Q4 Knock and Announce Rule

Answer 11

Requires police to “knock and announce” their presence AND their purpose before forcibly entering the place to be searched

Question 12

I2: Q4 Knock and Announce Rule Exception

Answer 12

Police do not have to follow this rule if the officer REASONABLY believes doing so would be:

1. Futile; or
2. Dangerous; or
3. Would inhibit the investigation

Even if the K/A rule is violated; evidence obtained in violation of that rule is not subject to the exceptionary rules