Warrant Requirement Flashcards
(27 cards)
2 requirements for valid search/seizure ____ unless____
warrant (procedural) + probable cause (substantive), recognized exception
Warrant requirement determines the ___
method by which probable cause is to be applied (neutral magistrate judge in advance)
Today many or most searches/seizures ____
fall under recognized exception
Valid warrant requirements
- issued by neutral and detached magistrate in advance
- based on PC from facts submitted to magistrate by govt agent upon oath or affirmation
- particularly describe place to be searched and items to be seizure
The rule that the magistrate judge must be neutral and detached comes from ___
Johnson
There was no neutrality when magistrate issued search warrant in ____
course of murder investigation he was conducting (Coolidge)
There was no neutrality when a magistrate was ___
paid for issuing warrants but not for refusing them (Connally)
The warrant oath or affirmation requirement is often satisfied by ____
specifying facts that give rise to PC in police officer’s affidavit
Whiteley held that ___
facially insufficient affidavits cannot be rehabilitated via testimony (about info possessed at time of warrant app but not included)
If a warrant contains ______ then it is void and fruits suppressed (___)
perjured or false statements in reckless disregard of their truth (Franks)
Under Franks ___ has the burden to show ___
defendant, knowingly/recklessly false statements
Bureaucratic concerns with warrants
- FRCP allow for telephonic warrants
- many affidavits boilerplate
The warrant particularity requirement allows for a mistake if ___
objectively reasonable
Steele holds that the description must be ____
particular enough to permit officer with reasonable effort to ascertain and identify place intended
If a seemingly adequate description turns out to be so ambiguous that police can’t tell where to search then ____ unless ____
particularity not satisfied, unless police have info that clarifies ambiguity OR clear what portion of warrant description is in error
Marron holds that the particularity requirement means that ___
shouldn’t leave anything up to discretion of the police especially laws/statutory interpretation
Garrison facts
Had PC to search defendant apt but didn’t know floor had 2 apts, police entered wrong apt and seized contraband
Garrison holds that the validity of the search depends on ____
whether officers’ failure to realize the overbreadth of the search was objectively reasonableI
In Garrison the search was ____
upheld as valid (good faith exception)
Rationale behind particularity requirement
if police can’t name what they are looking for, their factual basis is probably weak
Particularity limits the ___
scope of searches spatially and temporally
If warrant says “large paintings”, the police cannot look in ____
tiny drawers
Once ____, the police have to stop looking
listed items in a warrant are found
The particularity requirement doesn’t absolutely preclude the police from ___ because of the ____
seizing other items not mentioned in the warrant app, plain view doctrine
