Issue Two: Search and Seizure

Question 1

Did the search or seizure conducted pursuant to a search warrant satisfy Fourth Amednment requirements?

Answer 1

1. Was the warrant issued by a neutral and detached magistrate?
2. Is the warrant supported by probable cause and particularity?
3. If not, did police officers rely on a defective warrant in good faith?
   
   • this applies only to MBE–Georgia does not use good faith
4. Was the warrant propely excuted by the police?

Question 2

Q1: Was the warrant issued by a neutral and detached magistrate

Answer 2

• Standard: a judicial officer ceases to be sufficiently neutral and detached for 4th Amendment purposes when her conduct demonstrates bias in favor of the prosecution.
  
  • e.g. gov salary dependent on issuing search warrants

Question 3

Q2: Is the warrant supported by probable cuase and paritcularity?

Answer 3

1. Probable Cause
2. Particularity

Question 4

Probable Cause

Answer 4

• Standard: requires proof of a fair probability that contraband or evidence of crime will be found in the area searched
• Individual issues:
  
  • Hearsay: admissible for this purpose
  • _Informant’s tip_s: may rely even if the information is anonymous. Sufficiency rests on corroboration by police of enough of tipster’s information to make a common sense practical detmerination that probable cause exists based on totality.

Question 5

Particularity

Answer 5

Search warrant must specify:

1. the place to be searched AND
2. the items to be seized

• Warrant that is invalid due to absence of probable cause or paritcularlity can be saved if there were good faith BUT NOT IN GEORGIA.
• Meaning proceed to question 3 in MBE but not GA

Question 6

Q3: Does an officer’s good faith save a defective search warrant?

Answer 6

MBE, an officer’s good faith overcomes constitutional deficits in probable cause and particularity unless one of four exceptions apply

Move onto q4 if you find a valid warrant or a defective warrant saved by officer’s good faith on MBE only.

Question 7

Four Exceptions to good faith doctrine

Answer 7

REMINDER THIS IS MBE ONLY!

1. Egregiously: affidavit in support of warrant so egriously lacking in probable cause that no reasonable officer would have relied on it.
   
   • bare bones affidavit
2. _Facially Deficien_t: Warrant is so facially deficient in particularly that offiers could not presumably consider in valid.
3. Falsehoods: affidavit relied upon by magistrate containes knowing or reckless falsehoods that are necessary to the finding of probable cause.
4. Bias: magistrate who issued warrant is biased in favor of prosecution.

Question 8

Q4: Was the search warrant properly executed?

Answer 8

1. whether the officers executing the warrant complied with its terms and limiations AND
2. whether the officers executing the warrant complied with the knock and announce rule

Question 9

whether the officers executing the warrant complied with its terms and limiations

Answer 9

In executing the warrant, officers are allowed to search only those areas and items authorized by the language of the warrant

IN GEORGIA: police may reasonably detain or search any person to protect himself or to prevent the destruction of evidence when executing a search warrant

Question 10

whether the officers executing the warrant complied with the knock and announce rule

Answer 10

• Police required to knock and announce their prsecnece and purpose before forcibly entering the place to be searched, unless the officer reasonably believes that doing so would be
  
  • futile
  • dangerous
  • OR would inhibit the investigation