Search & Seizure II; Search Warrants

Question 1

Fill in the Blank

Warrants are based upon _____ ______ as determined by a magistrate.

Answer 1

Probable Cause

Question 2

Why are warrants only approved by magistrates?

Answer 2

• b/c the approval must come from a neutral and detached person instead of being judged by the officer in the often competitive enterprise of ferreting out crime

Question 3

Fill in the Blank

Warrants must be reasonable in _____ and _________.

Answer 3

Scope

Execution

Question 4

What are the 4 basic elements of a Valid Search Warrant?

Answer 4

1. Probable Cause
2. Supporting Oath or Affirmation
3. Particular Descriptio of Place to be Searched and Things to be Seized
4. Signature of Magistrate

Question 5

Search Warrant

Dos and Dont’s

Answer 5

• ‘one warrant, one search’ rule
• Overly braod or open-ended searches are not allowed
• time limit to use warrant is genearally within 10 days
• description may be more general for things than for the place
• confidential informants
  
  • the affiant must swear that an informant exists and provided the proffered information and must provide some facts to corroborate the informant’s allegations
• Patriot Act authorizes “sneak & peek” warrants
  
  • more broad
• anticipatory warrants may issue contingent upon a future triggering event
• some jurisdictions authorize telephonic search warrant applications

Question 6

When does an officer have probable cause?

Answer 6

An officer has probable cause (PC) to search when the facts available to him would warrant a person of reasonable caution in the belief that contraband or evidence of a crime is present.

• officer observation
• ordinary witness
• confidential & anonymous sources –suspicious

Question 7

Why is information from confidential informants is suspect?

Answer 7

• Because they are often criminals who have talked in exchange for leniency or money
• b/c they are unable to be cross-examined to test the quality of the information

Question 8

Illinois v Gates

462 US 213 (1983)

Answer 8

• search warrant was issued based upon an anonymous letter
• officers followed the lead and found that the allegations were consistent with the letter
• a search took place and wvidence were seized BUT, evidence was suppressed

Question 9

Franks v Delaware 1978

What did Franks Hearing establish?

Answer 9

The defendant may challage the factual accuracy of the affidavit by a showing of evidence in a preliinary hearing that

1. a false statement was made knowingly (perjury) or in reckless disregard of the truth
2. the false statement is necessary for finding probable cause

Question 10

What is a key difference between arrest warrants and search warrants?

Answer 10

Arrest warrants may be executed by any officer at any time while a search warrant MUSt be executed by the affiant that requested the warrant.

Question 11

Search Warrant Execution Steps

Answer 11

• affiant must execute warrant
• must be executed within about 10 days of issuance
• typically must be executed from 6am to 9pm
  
  • unless “night-time warrant” issued
• must “knock-and-announce”
  
  • unless dangerous, futile, or risk destruction of evidence
  • unlesss “no knock warrant” is issued
• the officer must have warrant in hand during execution
• warrant must be left at place searched
• may use physical force, but not deadly force, if a felony
• search & seizures must be within scope of the warrant
• search may last as long and be as thorough as resonably necessary to fully execute the warrant