Warrants and Police Interrogation

Question 1

Warrant Requirements

Answer 1

Neutral magistrate
- Gates

Probable Cause
- Gates Totality
- Pringle (reasonable belief of guilt particularized to the person)

Particular Description
- Garrison (scope of a lawful search: object of search and places where PC believe it could be found)
(Validity of warrant must be asses on basis of info that was disclosed or duty to discover and disclose, to judge)
- Leon (Was the officers’ failure to realize the overbreadth of the warrant objectively understandable and reasonable?)

Reasonable Execution of a search warrant

Question 2

Two apartments on the 3rd floor, dude in a
body cast

Answer 2

Garrison
- scope of a lawful search: object of search and places where PC believe it could be found
- Validity of warrant must be asses on basis of info that was disclosed or duty to discover and disclose, to judge

Question 3

No-knock entry
at a hotel room, fake maintenance guy, drugs.

Answer 3

Richards
To justify a “no-knock” entry, police must have
– Reasonable suspicion that knocking and announcing their
presence would be dangerous or futile; or,
– It would inhibit the effective investigation of the crime
by, for example, allowing the destruction of evidence.