Search Warrants in Criminal Justice

Search Warrant

Court order for seizing a person, place, or thing.

Missouri Constitution

State law governing search warrant procedures.

Probable Cause

Facts sufficient to justify issuing a search warrant.

Affidavit

Written statement verified by oath for warrant application.

Four Corners Rule

Only written affidavit considered for probable cause.

Non-Adversary Hearing

Judge reviews warrant application without defense attorney.

Peace Officer

Law enforcement officer authorized to execute warrants.

Search Warrant Application

Document stating facts for warrant issuance.

Issuing Judge

Judge with jurisdiction to grant search warrants.

Warrant Requirements

Specific criteria for valid search warrant issuance.

Written Order

Search warrant must be documented in writing.

Seizure Command

Warrant instructs to search and seize specified items.

Search Warrant Retention

Application and affidavit kept in court records.

Time Limit

Seized items must be returned within 10 days.

Identification of Property

Warrant must detail items to be searched and seized.

Maintaining Status Quo

Preventing evidence destruction while awaiting a warrant.

Segura v. United States

Case affirming securing a dwelling during warrant wait.

Illinois v. McArthur

Case allowing police to restrict entry without a warrant.

No Knock Warrant

Allows police to enter without announcing under certain conditions.

Richards v. Wisconsin

Case justifying no knock if danger or evidence destruction is suspected.

Judge's Signature

Warrant must be signed by the issuing judge.

Property Description

Warrant must specify items to be searched for.

Affiant

Person who swears to the affidavit's truth.

Application Filing

Warrant application must be filed in proper court.

Prosecuting Attorney

County official who signs the search warrant application.

Scope of Search

Covers all areas where search objects may be found.

Detention of Occupants

Occupants may be detained during warrant execution.

Reasonableness Test

Evaluates if search expectation is reasonable.

Plain View Doctrine

Items visible without invading privacy are seizable.

Abandoned Property

No privacy expectation in property deemed abandoned.

Execution of Warrant

Must occur within 10 days and during daylight.

Knock and Notice

Requirement to announce presence before entering.

Search Incident to Arrest

Search allowed immediately following a lawful arrest.

Protective Sweep

Limited search for safety during in-home arrests.

Inventory Search

Search following lawful seizure to document items.

Open Fields Doctrine

No warrant needed for searches in open fields.

Limited Search

Stop and frisk based on reasonable suspicion.

Execution Time Limit

Search must start within 10 days of issuance.

Seizure of Items

Only items listed in warrant may be seized.

Receipt for Seized Property

Officers must provide a list of seized items.

Credibility of Informants

Past reliability affects informant's trustworthiness.

Corroboration

Verification of informant's facts by police or others.

Hearsay Reliability

Trustworthy if informant's basis of belief is shown.

Fourth Amendment

Protects against unreasonable searches and seizures by the government.

Expectation of Privacy

Determines if a search requires a warrant.

Execution in Daylight

Searches generally conducted between 6 AM and 10 PM.

Search Warrant Validity

Warrant must be returned with seized items listed.

Search of Persons

Individuals can be searched if named in warrant.

Search Limitations

No full search of all individuals in premises.

Reasonable Use of Force

Force used must be proportional to the situation.

Consent Search

Search conducted with voluntary permission from an individual.

Warrant Requirement Exception

Consent searches do not require a warrant.

Probable Cause Waiver

Consent eliminates the need for probable cause.

Totality of Circumstances

Standard assessing consent based on overall context.

Schneckloth v. Bustamonte

Established standard for voluntary consent in searches.

Custody Impact

Person's custody status affects consent validity.

Officer Presence

Number of officers can influence consent perception.

Authority Emphasis

Officers stressing authority may affect consent.

Weapon Display

Visible weapons can pressure consent decision.

Fraud by Officers

Deceptive tactics by officers invalidate consent.

Consent State of Mind

Intoxication or mental state affects consent validity.

Consent Age and Intelligence

Age and education impact understanding of consent.

Questioning Duration

Lengthy questioning may pressure consent.

Physical Coercion

Use of force can invalidate consent.

Right to Refuse

Advising rights affects consent validity.

Objective Reasonableness

Scope of consent based on reasonable person standard.

Interrogation Definition

Request for consent is not considered interrogation.

Miranda Warnings

Not required for consent requests.

Threat of Warrant

Consent under threat of warrant may be valid.

Scope Limitation

Consent search limited to agreed areas.

Express vs. Implied Consent

Consent can be given verbally or through actions.

Oral Consent Validity

Oral consent remains valid despite written refusal.

Written Consent Not Required

Written consent not essential for valid search.

Consent Withdrawal

Consent can be revoked during a search.

Authority to Consent

Occupants sharing authority can consent to searches.

Joint Access Validity

Consent from one with joint access is valid.