What does the Fourth Amendment protect against?
Unreasonable searches and seizures
It provides a reasonable expectation of privacy for persons, houses, papers, and effects.
What is required for a search warrant to be issued?
Probable cause, supported by oath or affirmation, and a particular description of the place and items to be seized.
Define ‘unreasonable search’.
A search conducted absent a search warrant or a judicially recognized exception.
What is a search warrant?
A written order of a court authorizing an officer to search specified areas for evidence and contraband.
What is an affidavit?
A sworn document stating the probable cause for a search.
What does ‘seizure’ mean?
The act of taking possession of a person or property.
What does ‘probable cause’ refer to?
Facts and circumstances that would lead a reasonable person to believe a crime has been committed and evidence is located at a particular place.
Who does the Fourth Amendment protect?
All occupants of a constitutionally protected area, such as an overnight guest.
What are some reasons to obtain a warrant for a search?
- Required for many searches
- Creates presumption of legality
- Protects against suppression of evidence
- Forces review for errors
- Provides officer protection against liability
What can a warrant be issued for?
- Evidence of a criminal offense
- Stolen property
- Property illegal to possess
- Raw materials for illegal items
What is required in the application for a search warrant?
- Must be in writing
- State date and time
- Identify property to be seized
- Facts to establish probable cause
- Verify by oath or affirmation
What is included in an affidavit for a search warrant?
A written statement of probable cause verified by oath or affirmation.
What happens during a hearing before a judge for a search warrant?
The application, including affidavit and complaint, is presented, and if probable cause is found, the judge issues the warrant.
What are the requirements for a valid search warrant?
- Must be in writing
- Issued by a judge
- Supported by probable cause
- Properly describes location and items
- Served within 10 days
Who is authorized to serve a search warrant?
Only a Peace Officer.
What is the law regarding ‘knock and announce’ when serving a warrant?
Officers must identify themselves and wait a reasonable period for a response before entering.
What should officers do upon entry during a search?
Present a copy of the warrant and conduct the search according to its scope.
What is the significance of a ‘no knock’ execution?
It may be justified if announcing would be dangerous or futile.
What happens if a search warrant is deemed invalid?
It may not be issued by a judge, lacks probable cause, or has insufficient description.
What should officers do after completing a search?
Make a return to the Prosecutor and judge within specified time frames.
What are reasonable errors in the execution of a search warrant?
Errors in drafting or executing that do not affect the legality of the search.
Fill in the blank: A ‘search’ is the examination of a person or area to discover _______.
[evidence, contraband, or weapons]
True or False: All persons present during a search may be lawfully detained.
True
What must officers do if they encounter resistance during a search?
They may force entry or back off and negotiate based on the situation.
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The Interrogation Process PP - Updated 8-14-2426
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1102 INFORMANTS17
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1105 Introduction to Basic Investigatio24
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CRIME SCENE PROCESSING15
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1108 Burglary, Trespassing Property14
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Property Damage Investigation15
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1109 Theft Investigation18
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assaults23
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1112 Robbery Investigation20
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1115 Sex Crimes PP Presentation37
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207 - Search Warrant, DParis24
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207 - Search Warrant24
