Warrant Requirements

Specificity in Request:
- Describe the exact location to be searched, not just the general address.
- Example: Instead of saying "I want to search 1902 East Washington Street," say it's a green house with a red porch that clearly has the house number on it.
Clarifying Units:
- If the address has half numbers (e.g., 130 And A Half), ensure you know how it’ll be identified (door, mailbox).
Probable Cause Standard:
- Clearly allege the specific offense (e.g. possession of drugs, specifying the type) that justifies the search.
Evidence Compilation:
- Include all facts, evidence, personal observations, and hearsay that support establishing probable cause.
- Example: Text messages indicating drug sales, statements from confidential informants.

Relevant Items for Investigation:
- Beyond the drugs, include items like scales, baggies, paraphernalia, and evidence that suggest drug dealing (texts, ledgers).
Clear Item Descriptions:
- Do not request irrelevant items; be specific to your charges.
- Example: If looking for drugs, do not mention underwear.

Identification of Suspect:
- Provide as much detail as possible (e.g. full name, physical description, relationship to others, etc.).
Include Personal Knowledge:
- Include facts known to you personally or informative hearsay that supports the probable cause for arrest.

Corroborate Statements:
- Always seek to corroborate any hearsay information before including it in the affidavit.
- Include details about the informants and their reliability based on past interactions and context.
Understanding Totality of Circumstances:
- Use the totality approach to establish whether the information comes from credible sources and how it interlinks with supporting evidence.

Two-Pronged Test from Spinelli:
- Establishes informant reliability and credibility.
Totality of Circumstances Test from Gates:
- Emphasizes a holistic view that looks at the overall context and makes a credibility determination based on corroborated behavior, past info, and predictions.

Search Warrant Validity:
- A search warrant is valid for ten days after issuance and can be executed at any time.
- Returns must be filed promptly outlining what was seized.
- Always document evidence carefully following established chain of custody.
Scope of Search:
- Can look in attached garages, but detached garages must be specifically included in the warrant.
- Be aware of reasonable expectations of privacy regarding visitor’s vehicles.

Justifying No Knock Warrants:
- Must establish a legitimate risk of danger to officers or others and potential destruction of evidence.
- Can be issued without prior authorization if exigent circumstances arise on the scene.
Considerations for Use:
- If officer knowledge provides for no knock mandates, ensure to request it when initially seeking a warrant.

Detaining During Searches:
- Officers can detain individuals while executing search warrants to prevent suspects from fleeing or destroying evidence.
- If a suspect leaves the parameter of a dwelling, law enforcement must not detain them without reasonable cause or a traffic violation.

Summers vs. Bailey Cases:
- Illustrate circumstances under which detentions are justified or not justified based on their relation to executing search warrants and the definitions of reasonable cause.
Challenging the Warrant:
- Understand the process of challenging a search warrant in cases of alleged misrepresentation or fabrication of facts in the affidavit, emphasizing a burden shift back to the defense to prove any wrongdoing.

Always ensure that your affidavits are detailed and clearly articulate the need for each requested element.
Familiarize yourself with your jurisdiction's rules surrounding arrest and search warrant procedures as they can differ significantly.