Test 4 Flashcards
What are the three ways an Arrest Warrant may be obtained?
A) Complaint
- LEO authority, facts of the crime, signature
- Approved by magistrate judge (or state/local if none available)
B) Information
- Similar to a complaint, only that the AUSA prepares it
C) Indictment
- Jury determines if there is P.C.
What are the elements contained in a written Arrest Warrant?
- Name of the defendant
- The offense
- The command to arrest him/her
- Who can execute it
- The territorial limits
- Time limits
- Judge’s signature
How must an Arrest Warrant be executed, and what must happen afterward?
The officer must show the warrant to the defendant. OR, if they don’t have it, the officer must inform the defendant that it exists; and then show it to them ASAP.
After the warrant is carried out, it must be returned to the judge.
When is an Arrest Warrant REQUIRED for either a misdemeanor or felony offense? What are the exceptions?
When the suspect is located inside a private residence or home.
The exceptions are: Consent and Exigent Circumstances
When can an officer arrest a person who committed a felony WITHOUT the use of a warrant?
As along as A) Probable Cause has been established, and B) the suspect is in a public place
When can an officer arrest a person who committed a misdemeanor WITHOUT the use of a warrant?
A) The individual has committed the offense within the officer’s presence, and B) the suspect is in a public place.
Under 18 USC Section 3109 “Knock and Announce” What does force, or “breaking” include?
- Breaking down a door
- Opening a chain lock
- Opening a locked door
- Opening a closed (but unlocked) door
Under 18 USC Section 3109 “Knock and Announce” What does the gov’t require officers to do before using force, or “breaking?”
A) Knock - physical knock on door - making a phone call to the resident - utilizing a loudspeaker or bullhorn B) Announce AUTHORITY & PURPOSE - Say "Police, Warrant, Open the door" C) Officers must be REFUSED or DENIED - Silence for a reasonable amount of time - Sounds of people running away - Seeing/hearing evidence being destroyed - Verbal (and blatant) refusal - Gunfire
Under 18 USC Section 3109 “Knock and Announce” What are some EXIGENT CIRUMSTANCES where officers may ignore the requirements and enter the residence?
- K&Aing may create a danger to officers or others
- K&Aing could result in the destruction of evidence
- K&Aing could be considered a “useless gesture,” meaning the suspects are already aware of police presence
- Hot Pursuit of a fleeing suspect
- When using a Ruse/Decoy fails
Who may request a Search Warrant?
A) LEOs
B) Gov’t attorneys
Who generally may issue a Search Warrant?
Magistrate Judges:
- authority within the district
- authority over someone outside the district if they are temporarily inside but might move
- with authority in a district with Terrorism
- install tracking devices
- US District Court
- US Circuit Court
- US Supreme Court
- State Court if they are a “court of record”
What does it mean for a judge to be “Neutral and Detached?”
The judge issuing the search warrant should have no personal stake (or gain) in the outcome of the investigation.
When issuing Search Warrants, where does a FEDERAL judge have Jurisdiction?
- Within his/her own district
- Stored Wire or Electronic Communications
When issuing Search Warrants, where does a MAGISTRATE judge have Jurisdiction?
- Outside his/her own district when the person or property for the warrant issued might be moved before it can be executed
- Terrorism Investigations
- Tracking Devices
When writing an Affidavit for a Search Warrant, what does “Establishing the Nexus” mean? What are some of the factors to determine if the “Nexus” requirement has been satisfied?
- Providing the connection between the evidence being sought and the location being search through the use of FACTS.
- Direct Observations, Nature of the Items sought, Opportunity for concealment, Inferences as to where the evidence might be hidden
What are the rules for WRITING an Affidavit for a Search Warrant? With an exception of the Nexus, what are the elements to include? Describe each:
A) Information cannot be “Stale.” There must be PC that the evidence sought is CURRENTLY at the location to be searched (or will be when the warrant is executed, such as within an Anticipatory Warrant where a “triggering” event might be entailed).
- Courts will look at: Age of info, whether activity is on-going, type of evidence sought, nature of the location itself
B) Place, People and Vehicles to be Searched (be VERY descriptive and accurate of every item)
C) Persons or Things to be Seized (be descriptive depending on who/what you are looking for)
What is the purpose of a Telephonic Search Warrant?
It encourages LEOs to seek search warrants when they might be enticed otherwise to conduct a warrantless search.
The 4th amendment requires Affidavits to be truthful. When might evidence still be okay if the Affidavit contains either False or Misleading Statements?
- If the statements were made in GOOD FAITH
- If PC still exists in the remaining content
In what conditions should officers look to obtain a Telephonic Search Warrant?
When exigent circumstances are looming or pending, and there is not enough time to use traditional processes.
Who can issue a Telephonic Search Warrant?
Federal judges ONLY. State & local cannot!
What are the procedures to obtain and execute a Telephonic Search Warrant?
A) Officer prepares a “Proposed Duplicate Original Warrant”
B) Officer reads it Verbatim over the phone to the judge
C) Judge will enter the contents into an original warrant, sign it, enter the exact time, then direct officer to sign judge’s name on the duplicate.
D) Officer enters in exact date & time
E) Judge places Officer under oath and have the conversation recorded
Who may execute a Search Warrant?
- FLEO’s
- State & local PD can assist FLEO’s under FLEO direction
- Private Citizens can assist as long as they are only aiding gov’t AND gov’t is in need of their assistance AND only doing things the gov’t is allowed to do.
When may a Search Warrant be executed?
Unless the judge expresses good cause otherwise, they must be executed during the daytime of hours of 6:00 AM and 10:00 PM.
How long may officers remain on the premises after entry when executing a Search Warrant?
As long as reasonably necessary to complete the search
What period of time does a Search Warrant need to be served if not specified? How long does an officer have if authorized to install a tracking device?
- No more than 14 days (can be shortened by the judge)
- No more than 10 calendar days
What are the three (3) requirements for a lawful arrest?
A) Probable Cause
B) Authority
C) Lawful right of access to the suspect
What are the three sources of authority to make an arrest?
A) Statutory - FLEO’s
B) Peace Officer Status - Violations of state law
C) Citizen’s Arrest - PC of a felony, only permitted in certain states
What are the three (3) ways to enter a home to make a lawful arrest?
- Arrest Warrant
- Consent
- Exigent Circumstances
When can officers FRISK a person during the execution of a Search Warrant?
Only when they reasonably believe the person(s) is presently armed and dangerous.
When can officers SEARCH a person during the execution of a Search Warrant?
Only when they are listed in the warrant itself (or exigent circumstances)
When can officers SEARCH a vehicle during the execution of a Search Warrant? What if a vehicle drives off?
Only when the vehicle is parked on the curtilage of the home (delivery vehicles and visitors don’t count)
- Officers are allowed to wait for suspects to leave and drive out of view for safety, but must still remain in the IMMEDIATE VICINITY to be pulled over and legally searched (1 mile = too far)
When are officers restricted when searching VISITOR containers in a home during the execution of a Search Warrant?
You are restricted when visitors have only been there for a very short time. Overnight visitors/friends taking residency = OKAY, search them!
Dinner guests/repairman = NO! Same goes for vehicles.
When is a Protective Sweep generally performed?
On a premises during the execution of an Arrest Warrant
What are officers looking for during a Protective Sweep?
PEOPLE! And weapons that can be harmful in the immediate area.
How long can a Protective Sweep last?
No time limit, but must be reasonable. Thirty (30) minutes is excessive.
What are the two (2) types of Protective Sweeps?
A) Automatic - Immediate area where the suspect was arrested, and ADJOINING rooms/areas where someone else may be hiding
B) Extended - if articulable that other suspects/individuals are in the area that pose a threat
Where can officers search during a Protective Sweep? What are the limitations?
Only where a person may be hiding. Cannot look in small places (medicine cabinets, desk drawers, etc.)
What is required to search a vehicle without a warrant? What is this ruling called?
The Carroll Doctrine (Mobile Conveyance Exception)
- Requires PC (enough facts to establish a warrant if it were needed)
- Requires the vehicle to be “readily mobile” at the time the officers encounter it, with very little effort to get it rolling.
- No exigency required
What are the two (2) options as to the timing when an officer may search a vehicle without a warrant?
- Immediately, OR
- VERY SHORTLY later at another location, two (2) weeks is too long. Get a warrant!
What are the areas of a vehicle may an officer search when conducting a search without a warrant?
Only areas to which they have PC to believe they will find the particular evidence. It all depends on the item itself. Ex: You can’t go looking for a shotgun in the glove box, but you can look for a baggie of drugs in the trunk.
- Passenger belongings count too. Search’em!
What are the three (3) requirements for the Plain View Doctrine to take effect?
A) Officer must lawfully be there in a position to observe the item (warrant, consent, or exigency)
B) The incriminating nature of the item in question must be obvious (PC that it is in fact evidence)
C) Officer must have lawful access to the item
Describe what it means for an officer to have “Lawful Rights of Access?” Give an example
Officer may not retrieve the item unless they either have consent, a warrant, or exigency. ex: standing on a sidewalk and seeing a MJ plant through a house window. can’t go and get it unless you have a warrant/consent, or dude starts destroying the plant.
Exigent Circumstances - What are the requirements for a “Hot Pursuit?”
A) PC
B) It must be a SERIOUS CRIME
C) The pursuit itself must be Immediate or Continuous
D) When the suspect enters an area of REP, such as a home (of any kind) to escape arrest
E) PC that the suspect is in the home, thru informants or personal observation
Exigent Circumstances - What are the requirements for “Destruction or Removal of Evidence?”
1) PC that a third party is inside the dwelling (if preventing destruction), and
2) PC that the evidence is currently being destroyed, or the destruction of it is imminent. (pouring drugs down a drain, taking blood from a suspect to determine the BAC of a DUI suspect)
Exigent Circumstances - What are the two (2) requirements of an area to be an Emergency Scene? What about crime scenes and murders?
A) PC to believe that an emergency is at hand, and officer assistance is needed
B) PC to associate the emergency with the area/place to be searched.
- Ex: potential serious harm or loss of life, alarms, fires/explosions, blood trails leading to a house, meth labs
- Murder & crime scenes don’t count. Once the emergency itself is over, you must obtain a warrant.
What are the three (3) requirements to perform a SIA?
A) A lawful arrest
B) The search must be immediately done (contemporaneous). Thirty (30) minutes is too long.
C) Area to be searched must be currently accessible by the suspect
What can an officer look for within an SIA? Where can they look for it?
A) Weapons, contraband, means of escape
B) A full search of the person head-to-toe, and person’s immediate control
What happens if you move a suspect/arrestee from the “Immediate Area” of the SIA?
You will lose the right to conduct a search of that area. You must keep the suspect where you arrested them.
