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Arrest, Search, and seizure Test 2
Terms in this set (23)
Coolidge v. New Hampshire:
A warrant must be signed by a judge/magistrate. The States' Attorney Generals cannot sign a warrant.
In order to have any warrant issued there must be a showing...
of probable cause.
The 4th Amendment expressly states that warrants must particularly...
describe the "place to be searched, and the person or things to be seized."
The particularity requirement for an arrest warrant can be satisfied simply by...
putting the suspect's name on the warrant or by describing the suspect if his/her name is unknown.
A search warrant requires more information to satisfy the
particularity requirement. A search warrant must describe the place to be searched and the items to be seized.
If an item is not on a search warrant, can it be seized?
Yes. Just because an item is not listed on a search warrant doesn't mean that it cannot be seized. As long as the police are in a place legally, they can still seized items not listed in the warrant under the doctrine of plain view.
Three things required for a search warrant:
1. Underlying Facts and Circumstances
2. Affidavit for a search warrant
3. Search Warrant
Three time constraints on a search warrant:
1. Once a search warrant is issued, officers must execute and serve the search warrant promptly.
2. Execution of the search warrant is usually restricted to daytime hours (6:00 AM to 10:00 PM).
3. The amount of time allowed for the search is also restricted. It cannot be indefinite. Once the items described in the warrant are found the search must stop.
Wilson v Layne:
Media may not accompany authorities inside the premises to be searched during the execution of a search warrant unless they are serving a vital role to the search warrant. If they are not essential to the warrant, the media intrusion will be a violation of the subjects' occupying the premises 4th amendment rights.
What is the rule on media and warrants?
The media may accompany authorities on the execution of a warrant but they must remain outside.
What must an officer do after a search warrant is executed?
After the search warrant is executed/served, the officer must leave a return with the owner of the items that were seized. This return is an inventory/list that describes/lists all items seized during the execution of the search warrant. If no one is home at the conclusion of the search warrant, the return will be left in the home (place searched).
The purpose of the "knock and announce" rule is as follows:
1. it helps avoid needless destruction
2. it helps prevent violence resulting from unnecessary surprise
3. it helps preserve the peoples dignity and privacy
What can an officer apply for if he feels that a high likelihood of threat to themselves, innocent bystanders/occupants, or the evidence.
a "no knock" warrant. Commonly seen in search warrants looking for narcotics.
In order to satisfy the knock and announce requirement, the officer must
must knock on the door of the place to be search and identify themselves and their purpose (KNOCK KNOCK...POLICE...SEARCH WARRANT!).
Evidence seized during a search warrant where the officers DID NOT knock and announce may...
may not be subject to the exclusionary rule. WHY???? The knock and announce requirement is not expressly stated in the fourth amendment and therefore the fourth amendment is not violated as long as the search warrant is valid.
An arrest requires
probable cause and is a very intrusive seizure of an individual.
A stop only requires
reasonable suspicion and is far less intrusive and more temporary.
A stop and arrest are both considered...
to be seizures since both limit the freedom of the subjects involved.
A stop occurs when...
A nonstop is when...
A traffic stop...
a reasonable person would believe that he/she is not free to leave.
a reasonable person would believe that he/she is free to leave.
is usually a stop, however, police are allowed to just ask questions and the person is still free to leave. This would be a nonstop.
A nonstop requires no...
justification while a stop requires reasonable suspicion.
Deadly force is authorized when
the crime in question is a felony and when such force creates no substantial risk to innocent persons and the officer reasonably believes that there is a substantial risk that the fleeing felon will inflict harm on other people or police officers.
Tennessee v. Garner:
Fleeing felon doctrine. Decided that deadly force may be used when it is necessary to prevent the suspect's escape AND the officer has probable cause to believe the suspect poses a serious threat of death or causes serious physical injury to other people or police officers.
United States v Crowder:
Court ruled that there must be an adversarial hearing in order to weigh the safety and privacy of the suspect with society's need to capture lawbreakers when bodily intrusion is sought out as a means of recovering evidence from a suspect.
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