Search Warrants

Overview of Search Warrants

  • Discussion of search warrants including:

    • How they are written

    • How they are obtained

    • What they specify

Fourth Amendment Context

  • The language of the Fourth Amendment:

    • Describes rights individuals have without defining terms.

    • Does not specifically mention 'privacy' but implies a right to privacy.

  • General rule of privacy:

    • Individuals are guaranteed rights to keep personal effects from governmental inquiry unless government has a compelling reason to intrude.

Probable Cause

  • Essential concept in search and seizure:

    • Defined through the case Carroll v. United States (1925), dealing with transporting untaxed alcohol.

    • Probable cause is defined when officers have trustworthy information indicating reasonable belief of criminal activity.

    • Rises above a mere hunch but is less than proof beyond a reasonable doubt.

    • Must be based on an objective standard rather than a subjective belief of an officer.

  • Legal searches can occur without a warrant if probable cause exists, but warrantless searches of homes are presumed unreasonable under the Fourth Amendment.

  • Warrantless searches of cars or open fields are generally allowed under the theory that there's reduced expectation of privacy.

Exceptions to Warrant Requirement

  • Various circumstances allow warrantless searches including:

    • Searches incident to arrest

    • Searches based on consent

    • Inventory searches

    • Emergency searches

Obtaining a Search Warrant

  • To obtain a search warrant under the Fourth Amendment:

    • Description must be specific concerning the object to be seized.

    • Specific location of the object must also be included.

  • Specificity Example:

    • A warrant to search a specific computer for child porn allows a search of all related computers within the defendant's control.

    • A properly specific description could allow the search of a garage or business area if probable cause is established.

  • Minor errors in description typically do not invalidate a search warrant under most circumstances.

    • Example: A court upheld a description of a rural trailer that contained minor errors but was still sufficiently detailed.

  • Description Criteria:

    • Need not be perfect, but must be detailed.

    • For example, searching for a stolen firearm might require specifications like:

    • Serial number

    • Caliber

    • Type

    • Manufacturer

The Search Warrant Process

  • Initial Steps:

    • The police officer determines probable cause based on facts and circumstances.

    • An affidavit is prepared detailing the operative facts which must be sworn as true.

  • Informants:

    • Information from informants must include facts that validate their credibility.

    • Judge evaluates the probable cause independently and may sign the warrant if deemed appropriate.

  • Execution of Search Warrant:

    • Warrant is a court order directing law enforcement to search for specific property and return it to the court.

    • Requirement to notify the individual being searched of the warrant; receipt for seized items must be provided.

  • Return Process:

    • Officers must submit the returned warrant and a written inventory to the court.

    • Judges provide a copy of the inventory to the individuals whose property was seized.

Legal Authority and Restrictions

  • A search warrant is directed toward law enforcement officials and must state detailed reasons and descriptions of where and what to search.

  • Individuals upon whom the warrant is executed must allow the search but do not have to assist law enforcement.

Execution Rules

  • Time Limits:

    • Warrant execution must occur within a reasonable timeframe as dictated by state law.

    • Best practice is to execute warrants during daylight hours; night execution is allowed in many jurisdictions without invalidation of the search.

Knock and Announce Rule

  • Legal requirement under the Fourth Amendment mandates officers to knock and announce before entering.

    • This can be bypassed for officer safety or if not feasible.

  • Case Example: Hudson v. Michigan

    • Officers violating knock and announce still had evidence obtained upheld as lawful, even without suppressing the evidence.

During the Execution of a Search Warrant

  • Police may detain individuals present but cannot conduct personal searches unless permitted by law.

  • Police can restrict reentry to premises while waiting for a warrant if they have probable cause.

Understanding the Scope of a Search

  • The scope of a search is defined by the object being searched for and its reasonable storage locations.

    • Example:

    • Powdered drugs can be hidden anywhere, thus broader search areas are permissible.

    • However, a large object like a rifle cannot be stored in restricted areas like a glove box or a medicine cabinet.

  • Important Judicial Input:

    • Justice Stevens on scope definition highlighted that object location must align with probable cause.

    • Example: Warrant to search for lawnmower cannot logically support a search of an unrelated upstairs bedroom.

  • Reasonableness is critical; searches in areas unlikely to yield the object may be unconstitutional and evidence could be excluded.

Future Discussions

  • The topic of searches will continue with a focus on details mentioned throughout this guide.