Executing Search Warrants

Question 1

Police officers may _________ a dwelling of other private building by controlling the outside perimeter pending the receipt of a warrant. The police must have probable cause to obtain a warrant at the time.

Answer 1

Secure

Question 2

What two police actions make sure premises are secured, outside or inside while gettin a search warrant

Answer 2

Controlling the outside perimeter

Entering the dwelling and conducting a physical surveillance

Question 3

What three elements are needed to secure the outside of a dwelling for a search warrant

Answer 3

1) Probable cause prior to securing the home

2) Actively begin seeking the warrant before or while securing the premises

3) Prevent entry and the potential removal of evidence

(Remember you don’t need Specific information supporting an objectively reasonable belief that evidence will be removed or destroyed unless officers enter. That only for securing the inside of the perimeter)

Question 4

A search warrant must be executed in ___ days

Answer 4

7

Question 5

A nighttime search under a search warrant takes place between

Answer 5

10 PM - 6 AM

Question 6

The knock and announce rule requires that police officers do what three things before entering a dwelling.

Answer 6

1) Knock

2) Announce their presence

3) their purpose

Question 7

The three vital purposes behind the knock and announce rule are ?

Answer 7

1)Prevent violence

2)Prevent property damage

3) protected privacy

Question 8

How much time must elapse after a knock and announcement before police may force entry

Answer 8

There is no bright line rule. It must be a suitable time period

Question 9

If an officer fails to comply with restriction under 276/2D on “no knock” entries, any evidence seized will be ______

Answer 9

Supressed

Question 10

What three things are needed to obtain a no knock warrant

Answer 10

1) Comes from a Judge

2) Probable cause of danger ( Affidavit must show probable cause that the police or other would be in imminent danger if their presence is announced )

3)No minor or elder inside the residents unless they are possible victims of the suspect

Question 11

Police have a warrant and fool an occupant of the premises into letting them in, after knocking but before announcing they are the police. _________ may legally replace the requirement of announcing police identity and purpose before entering

Answer 11

Deception

Question 12

The reason that justify a no-knock search warrant must be stated in the ________ and the Massachusetts standard for issuance is ______ _____, While the federal standard is ________ ______

Answer 12

Affidavit
Probable Cause
Reasonable Suspicion

Question 13

True or false. A search warrant for contraband, founded on probable cause, implicitly carries with it limited authority to detain the occupants of the premises while a proper search is conducted

Answer 13

True

Question 14

A search warrant for a residents does not authorize police to stop occupants in a _________ away from their home

Answer 14

vehicle

Question 15

In executing warrant, police officers may search …….

Answer 15

only those areas where the objects to be Seized could be reasonably found

Question 16

A search warrant covers a _______ or other area within the curtilage that is owned or controlled by the owner

Answer 16

Garden

Question 17

The scope of a warrant authorizing the search of a particularly described premises includes automobiles owned or controlled by the owner that are found withing the curtilage, even though police lack ________ _______ _____ to search the vehicles

Answer 17

Independent probable cause

Question 18

Police have _____ days to file a return stating the items found during the execution of a search warrant. This period of time does not start until the day after the warrant is issued

Answer 18

7

Question 19

An officer who serves the warrant should make the return, according to 276/3A. however omitting an item seized from the return will not automatically result in its _______________

Answer 19

Suppression

Question 20

Computer or other data storage devices seized under a search warrant must simply be _____ on the return within seven days of seizure

Answer 20

Listed
(The forensic examiners have a reasonable time beyond the seven days to examine the device)

Question 21

When the original search warrant is lost its production at a later hearing on the defendants motion to suppress may be excused if the police have _________ _______ that the original once existed and it was not lost or destroyed in bad faith

Answer 21

Sufficient information

Question 22

Who can issue a valid search warrant (4)

Answer 22

Justices of the SJC

Superior court

District Court

District Court Clerk

Question 23

The scope of the search for an item in a search warrant is for

Answer 23

Any place that might contain the items being searched for