SABT 2 H Search Warrants 09-05 Flashcards Preview

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Flashcards in SABT 2 H Search Warrants 09-05 Deck (8):
0

Nullifies the 4 amendment rights of people with REP Authority

-2 Parties

Consent

-If one say no, u cant search

1

Illinois McArthur police ask McArthur to search his home, he say no, LEO detain for 3 hours and watched him, LEO got warrant

U can detain if you have reasonable amount of time, and the 3 hours were reasonable.

2

1 ID those officials who have authority to issue and request Federal Search Warrants

US Magistrate judge
-Plus any higher federal judges
-State Court of Record (if no Magistrate reasonably ava)
-

3

2 Id the key components of an application and affidavit for SW

-Key components of an application and affidavits for SW
-Jurisdiction of Judge
-Description of person/Premises in very specific terms
-Evidence to be seized in specific terms
-statute violated
-PC in logical way (what is where)
-Dont reveal CI Identity or investigative techniques

4

3 ID the legal requirements for executing SW including authority to executing to execute, time of entry, method of entry, location of premises that may be searched scope of search, duration of search, inventory and return

-S/A just dont bring members of the press along, can bring State, and local or anyone assisting during the inv.
-6am to 10Pm
-within 14 days
-

5

Telephonic Warrants are got from who

Magistrate Judge (No state Judge) under Rule 41needs SAC or RAC approval

6

Knock and Announce and Entry with Force

What is exceptions

you can break in if you are denied, time determine = reasonable

-Danger, destruction of evidence, hot pursuit on arrest, already there (buy bust), sneak and peak= see the evidence is there
-to install T-II equipment

7

during a Search
-can you search the people in the building, can frisk everyone in the place for buildings.

-Protective Frisk 1st
-Present warrant to occupants or leave there
-Presearch video or photo post search too, ATF O 3220.1
-Protective sweep rules vs Arrest Warrant
-Scope of Search issue
-Detain Summers Doctrine = can detain people that is connected to the premises

None unless they are named in the warrant

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