13. Obtaining Search Warrants Flashcards
Who issues search warrants?
Neutral magistrates.
The magistrates are neutral and detached, unlike police officers, who are engaged in the often competitive enterprise of ferreting out crime. (US Supreme Court).
Who is authorized to issue a search warrant in Massachusetts?
Supreme Court justices
Superior Court justices
District court justices
District court clerks
Who is not authorized to issue search warrants in Massachusetts?
Superior court clerks. They cannot issue search warrants.
A magistrate may issue a warrant, authorizing a search for evidence anywhere in Massachusetts.
Yes this is true as shit. Remember, the case where Barnstable detectives obtained a search warrant from Barnstable District Court for a home in Bourne that is in the jurisdiction of Falmouth district Court.
What materials do magistrates based their decision on whether to issue an affidavit?
They rely on written material submitted only. Probable cause must exist within the four corners of the affidavit.
How many days does a judge or clerk who issues the search warrant have to deliver the original affidavit to the court, where the warrant will be returned?
They have three days. After three days, the affidavit is now considered filed and is public.
If officers do not want an affidavit to become public, what is this thing that they need to do that Lindsay forgot to do once?
Impound the affidavit .
An affidavit must explain this relationship between the evidence and places to be searched
It must explain why evidence is PROBABLY located at the place to be searched.
What must be present in order for a search warrant to be issued for searching a dealers residence?
There must be multiple sales in order for police to have probable cause to search the dealers residence
What happens if investigative information is not recent enough?
The information becomes stale. The information must be recent enough to show that the evidence is located at the place to be searched.
Can police seek a warrant in advance if they have probable cause that evidence will arrive at a certain location?
Yes, this is known as an anticipatory warrant.
If UPS delivers contraband, give the deliveree time to unpack and hide contraband otherwise he could say, I don’t know what this package is, I can’t control who sent this is to me…as a possible defense.
Triggering event. The affiant must outline explicit conditions for the warrants execution. (Ex. When suspect left his house and went to the stash house, probable causes the existed to execute a warrant there)
If searching a premises, is it necessary to have the name of the owner/occupant appear on the warrant?
No, so long as the premises are described it is OK to name the owners as John Doe if name not known.
Does Massachusetts allow fill-in-the-blank warrants?
Unacceptable under normal circumstances. The SJC stated the constitution does not allow this because it replaces a magistrates judgment with police discretion.
If seeking a search warrant in a building with multiple units, what must be specified for probable cause to search?
Police must SPECIFY which apartment they have probable cause to search, a description that applies to more than one unit is invalid unless:
The suspect has access to all units in the house (example when suspect has access to multiple apartments, in addition to the one he lives in).
Ex. The police were legitimately, unaware of the layout of an apartment.
What must a warrant describe (specific word used) To describe the premises, to be searched and items to be seized?
Particularity (not general).
