Search Warrants

Search Warrant

A written order of a court commanding the seizure of a person, place, or thing and the property found therein.

Who issues a search warrant?

A search warrant is issued by any judge or magistrate within the jurisdiction of the thing or person being searched.

Requirements to apply for a warrant

State facts sufficient to show probable cause for the issuance of the warrant; verified by oath or affirmation of the applicant; sworn by the affiant; filed in the proper court; and signed by the prosecuting attorney of the county where the search is to take place, or his designated assistant.

an application can be supplemented by

a written affidavit verified by oath

Four Corners Rule

is a legal doctrine stating that a search warrant must be based solely on the information contained within its four corners, ensuring that no external information is considered.

Search Warrant Shall:

1. Be in writing

2. be directed to any peace officer in the state

3. state time & date the warrant is issued

4. identify the person or place to be searched and describe it

5. Command that the described person, place, or thing be searched and any property found be seized or photographed; copies or photographs must be returned to the judge within 10 days.

6. be signed by the judge, with the title of office indicated.

Maintain the status quo

in a legal context, refers to preserving existing conditions or situations until a legal decision is made or a resolution is reached.

no knock

search warrant allows law enforcement to enter without prior announcement if they have reasonable suspicion that announcing their presence would lead to the destruction of evidence or pose a danger to officers.

scope of the search

refers to the extent and limits of what can be searched and seized under a search warrant, ensuring that law enforcement does not exceed the boundaries set by the warrant.

detention of person on premises

the legal authority of law enforcement to temporarily hold individuals present at a location being searched under a warrant, ensuring their compliance and safety during the search process. they will not be searched or arrested unless there is probable cause for such actions.

seizure & search of persons

individuals may be search if specified in the warrant. however, a warrant does not authorize a full search of each individual in the place

Probable Cause

The facts and circumstances that would lead a reasonable person to believe that a crime has been committed or that evidence of a crime is present.

Affidavit

A written statement confirmed by oath or affirmation, used as evidence in court.

Fourth Amendment

Part of the U.S. Constitution that protects individuals from unreasonable searches and seizures.

two-prong test

used to determine probable cause for issuing a search warrant; expectation of privacy and the reasonableness of the expectation. This test assesses whether a person's privacy rights are violated and whether law enforcement's actions are justified under the circumstances.

Plain View Doctrine

Legal principle allowing police to seize evidence of a crime that is in plain view without a warrant.

Abandoned Property

Property that an individual has voluntarily given up ownership of, which can be seized by law enforcement without a warrant.

Two Elements of Probable Cause

1. There must be probable cause to believe that specific property or contraband is related to a crime.

2. There must be probable cause to believe that this contraband is present in a specific location.

establishing probable cause

Police officers must justify their information sources. Hearsay is credible if the informant's basis of belief and credibility are shown, which includes: 1) Credibility factors - past reliability, statements against penal interest, presence of counsel, reputation as a 'good citizen,' law enforcement involvement, crime victim status, and eyewitness accounts. 2) Corroboration methods - verifying informant's facts, having another independent source affirm the facts, or ensuring anonymous tips are consistent with police knowledge.

Execution of the Warrant

• officers must be present

• dies within dies 10 days

• done in daylight hours (6A-10P)

• Knock and Notice

• No requirement to exhibit, read, or provide anyone w/ a copy of the search warrant prior to entry

• reasonable use of force

• extent of search depends on object being searched and the scope defined in the warrant.

• no limit on time to conduct search

• only listed items are to be seized

• receipt for seized property

• warrant must be returned to the court w/ list of seized items

Search Incident to Arrest

A legal exception that allows police to perform a search without a warrant when an individual is arrested.

search based on consent

A legal basis for conducting a search when an individual voluntarily agrees to allow law enforcement to search their person or property without a warrant.

search of operating motor vehicle

A legal exception that permits law enforcement to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime or contraband.

open fields doctrine

A legal principle that allows law enforcement to conduct searches of open fields without a warrant, as these areas are not considered part of a person's private property.

private individual search

A search conducted by a private person without government involvement, which does not violate the Fourth Amendment protections against unreasonable searches.

inventory searches

A procedure where law enforcement conducts a search of a seized vehicle or property to catalog its contents, ensuring all items are accounted for and protecting against claims of lost or stolen property.

Limited Search (stop and frisk)

A brief, non-intrusive search of a person conducted by law enforcement based on reasonable suspicion that the individual may be armed and dangerous, allowing officers to ensure their safety.

Protective Sweep

A quick and limited search of a premises conducted by police to ensure safety during an arrest.

Consent Search

A search conducted by law enforcement after the person has voluntarily consented to the search in addition to authorization by warrant

Factors Influencing Consent for Search

1. Whether the person was in custody when consent was requested.

2. The number of officers present during the request.

3. The degree to which officers emphasized their authority.

4. Whether weapons were displayed.

5. Any fraud on the part of the officers.

6. The acts and statements of the consenting person, including their state of mind and intoxication.

7. The age, intelligence, and education of the consenting individual.

8. The length of questioning.

9. Any physical punishment or deprivation of food or sleep.

10. Whether the person was advised of their right to refuse consent.

Exclusionary Rule

Legal principle that excludes evidence obtained through violation of a defendant's constitutional rights.

Oral Consent

Consent given verbally, which can be valid but is subject to certain legal conditions.

threat to seek warrant

A situation in which law enforcement indicates they will obtain a search warrant if consent is not given, often to justify a search. usually has been upheld as voluntary.

Segura v. United States

A case that affirmed securing a dwelling to prevent destruction of evidence is not an unreasonable seizure.

Detention of Persons

Provision allowing police to detain individuals present at the scene during execution of a search warrant.

Hearsay

Information received from others that cannot be substantiated; generally inadmissible unless certain conditions are met.

Joint Authority

The principle that allows someone with shared control over a space to give consent for a search.

Warrant Requirement

The legal obligation to obtain a warrant based on probable cause before conducting a search.

Search Warrant Application

A formal request to a judge to issue a search warrant, providing the basis for probable cause.

Written Refusal

A situation where a person formally declines to give consent to search after initially granting it verbally. also does not nullify prior oral consent.