Like this study set? Create a free account to save it.

Sign up for an account

Already have a Quizlet account? .

Create an account

General Rules

1. Search warrant: judicial order authorizing search & seizure
2. Warrant must be issued on information constituting "probable cause"
- Affidavit must set out facts from which issuing magistrate can make independent judgment that probable cause exists

General Rules

3. Warrant must describe specifically both:
- Place to be searched; and
- Items to be searched for and seized

Announcement & "No Knock" Entry

- Before entering a premises, officer must "knock and announce" and give occupants opportunity to admit the officers
- "No Knock" entry permitted if officers have "reasonable suspicion" that occupants would:
a) resist the officers by using force; or
b) remove or destroy items for which warrant issued

Limits to Search

Search must be limited to both:
- Place described; and
- Within that place, those locations where described items might reasonably be expected to be located (or fit)

Seizure Requirements

Officers can seize:
- Items reasonably believed to be those described in warrant; and
- Other items found in "plain view" during search if PC exists to believe they are seizable

Informant's Tip

Warrant affidavit relying on informant's tip must be helped by facts indicating:
- Information was in general sense reliable; and
- Informant had reasonable source for this information

Challenging Affidavit

To successfully challenge a search warrant based on inaccurate facts in affidavit, D must show:
- Affiant misstated certain facts;
- The affiant did this intentionally or at least with reckless disregard for whether the stated fact was accurate; and
- The misstated fact was material, which means that without that fact the affidavit was not sufficient to support the search warrant

Please allow access to your computer’s microphone to use Voice Recording.

Having trouble? Click here for help.

We can’t access your microphone!

Click the icon above to update your browser permissions and try again


Reload the page to try again!


Press Cmd-0 to reset your zoom

Press Ctrl-0 to reset your zoom

It looks like your browser might be zoomed in or out. Your browser needs to be zoomed to a normal size to record audio.

Please upgrade Flash or install Chrome
to use Voice Recording.

For more help, see our troubleshooting page.

Your microphone is muted

For help fixing this issue, see this FAQ.

Star this term

You can study starred terms together

Voice Recording