Warrant Execution

Question 1

Case about knocking

Answer 1

Wilson

Question 2

Wilson held that ___

Answer 2

4A requires police to knock and announce themselves before entering

Question 3

To justify a no-knock entry, police must ______

Answer 3

have reasonable suspicion that knock and announce would
under particular circumstances
be dangerous or futile OR inhibit effective investigation (destruction of evidence)

Question 4

Case about no knock standard

Answer 4

Richards

Question 5

____ held that a no knock reasonable suspicion standard is sufficient even when ___

Answer 5

Ramirez, officers must damage property to make entry (break down door)

Question 6

Summarize Wilson

Answer 6

Knock and Announce requirement

Question 7

Ramirez did hold that ______ may be 4A violation even if __

Answer 7

excessive or unnecessary destruction, search itself lawful

Question 8

Issue in Banks

Answer 8

knocked and announced but only waited 15 seconds before entering (D in shower)

Question 9

Banks held that ____

Answer 9

it was a valid entry because reasonable suspicion of exigency had ripened

Question 10

Banks suggests that a reasonable wait time is ___

Answer 10

how long it would take occupants to dispose of evidence sought (how long to flush cocaine down toilet)

Question 11

Hudson holds that ____

Answer 11

no exclusionary rule for violating knock and announce

Question 12

Facts in Hudson

Answer 12

only waited 3-5 seconds before entering to look for guns and drugs

Question 13

Hudson reasoning

Answer 13

other remedies sufficient deterrence (can bring 1983 or class action)

Question 14

Villegas is about

Answer 14

sneak and peak warrants

Question 15

What is a sneak and peak warrant

Answer 15

officers conduct search but only leave notice after search happens

Question 16

Villegas rule

Answer 16

delayed notice permitted upon good reason

Question 17

The Patriot Act allows _____ (for sneak and peaks)

Answer 17

sneak and peaks to be issued in all federal cases if requirements met (not just terrorism)

Question 18

Patriot Act requirements for sneak and peaks

Answer 18

• court finds reasonable cause providing immediate notification adverse result
• warrant prohibits seizure of tangible property (unless court finds reasonable necessity)
• warrant provides for giving of notice within reasonable period (usually 30 days unless facts justify longer delay)

Question 19

Zurcher holds that there are no special limits on warrants in ____

Answer 19

newpaper context despite 1A concerns (newspaper took photos of protestors who attacked police)

Question 20

Wilson v Layne is about ___

Answer 20

third party aid/media ride along

Question 21

Wilson v. Layne held that a media ride along -__

Answer 21

violates 4A when third party not aiding in executing the warrant

Question 23

A perp walk could violate 4A if ___

Answer 23

exacerbates seizure of detainee (not in COs corruption case because had to walk anyway and police just alerted the media)

Question 24

Summers rule`

Answer 24

officers executing search warrant for contraband can detain occupants while proper search conducted

Question 25

Summers rule rationale

Answer 25

- prevents flight if incriminating evidence - minimize officer risk - facilitates orderly search

Question 26

In Muehler a ______ was reasonable because ____

Answer 26

2-3 hour handcuff detention, inherently dangerous situation (search for weapons and wanted gang member)

Question 27

Rettele search was ____

Answer 27

reasonable based on what police knew at the time (armed suspect and PC)

Question 28

Rettele facts

Answer 28

fraud investigation and one suspect registered handgun but house sold to person not involved, police k&A ordered man and gf out of bed while naked and detained at gunpoint

Question 29

Rettele says that when ____ 4A not violated

Answer 29

officers execute valid warrant and act in reasonable manner to protect themselves from harm