Exam 4 Flashcards
Who issues search warrants?
-Superior Court Judge
-District Court Judge
-Superior Court Clerk Magistrate
-District Court Clerk Magistrate
3 Major Motor Vehicle Searches
-
Motor Vehicle Search Incident to Lawful Arrest
(weapons, means for escape, evidence of the crime for which the person is being arrested for” -
Motor Vehicle Inventory Search
(Scope “passenger compartment, trunk, open/closed containers”) -
Motor Vehicle Exception Search
(Scope and Intensity = ENTIRE vehicle)
Area to be searched
Scope
Where you may search within the scope
Intensity
Area around the dwelling that a person has a reasonable expectation of privacy
I.e if trash barrel is out on the curb for pick up, do NOT need search warrant
Curtilage
5 Categories of Seizable Evidence
- Contraband (drugs)
- Instrumentalities (weapons)
- Fruits (Jewelry)
- Person with a Warrant
- Dead Human Body
__________ are limited, warrant less searches to conduct a cursory check of a person for people only, not evidence.
Protective Sweep
Motor Vehicle Search Incident to Arrest
-Weapons
-Need for escape
-Evidence of the crime for which the person is being arrested for
Motor Vehicle Inventory Search
-Lawful custody of the motor vehicle
-Written department guidelines
Motor Vehicle Exception Search
-Probable cause
-Public way
Scope and Intensity=ENTIRE Vehicle
After a search warrant is issued how long do you have to conduct the search?
7 days
Who can issue a warrant?
Judge or clerk of court
What do you need to search the curtilage of a dwelling?
Search warrant or Probable cause
To execute a search warrant, you must _________ and ___________.
Knock and announce and have a warrant in hand
What do you need for a no-knock warrant
Prior Judicial Authorization
