Warrant Flashcards

1
Q

Warrant Must Be Precise on Its Face

A

A warrant must describe with particularity the place to be searched
and items to be seized. If it does not, the warrant is unconstitutional,
even if the underlying affidavit gives such detail.

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2
Q

Execution of Search Warrant

A

Only the police (and not private citizens) may execute a warrant,
and it must be executed without unreasonable delay. Police must
knock, announce their purpose, and wait a reasonable time for
admittance (unless the officer has reasonable suspicion, based on
facts, that announcing would be dangerous or futile or would inhibit
the investigation).

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3
Q

Search of Persons Found on Searched Premises

A

A warrant to search for contraband authorizes the police to detain
occupants of the premises during a search, but a search warrant does
not authorize the police to search persons found on the premises not named on the warrant

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