Search Warrants How and why can police search and seize?

Background Info The rights and legality of searches and seizures comes from the 4 th Amendment to the Constitution which states: no “____________” searches & __________; warrants must be ___________ by____________ cause on oath/affirmation & specifically describe what is to be _________ & persons or _________ to be seized

What is a search warrant? It is an order by a _______ (or other magistrate) to that ___________ __________officers to search for ________materials at a particular location at a __________ _________.  For example: “The premises at Glade Avenue may be searched between the hours of 8:00 am – 6:00 pm and items such as ______, betting slips, record books and every other means used in __________ with placing bets on horses may ___________.”

“Probable Cause”  In order for police to ______ ________a premises, they need “probable cause”  Probable cause to search and seize requires ________or _________to lead a ___________ person to believe that a suspect has ___________ a crime or evidence of a crime may be found there  Probable cause is considered more than a “________ ________”, but _____ than “proof beyond a __________ ________”

“Probable Cause” Facts or information to determine probable cause may be given in several ways:  _________ ______________ ____________  _______________ _______________  Must establish an informants credibility/reliability of information  ___________  Anonymous tip  Not enough to establish probable cause by itself, needs confirmation Written statements, or ___________, are given “under oath” to a ________; if the judge deems the affidavits establish probable cause, they will issue a ___________

What goes in a warrant? A warrant describes _________________________ (be descriptive!!!)  For example: fingerprints, _______, fired & unfired bullets & ________, footwear impressions, _______ ______& clothing fibers & any & all evidence that may relate to the suspected murder

What goes in a warrant? The more common the item, the more detailed descriptions need to be  Exception: __________ ________ _________does not have to be as detailed; using terms like “heroine” and “cocaine” are ____________ Items, like _________, must be _________ in as much ________ as possible. Even getting the wrong ______ in the ________will ______ the warrant or present legal _____________ in court if searched/seized.

 If searching a residence, one must include  Owner (or presumed owner)  ________ street address and __________ of house (or apartment number if it applies)  A rural residence needs to have _________ included  Provide a _________ ________for ___________ premises, unless it is a shed at the residence which only has to be __________ and described

 If searching a person include their name and give a detailed description of the person  If searching a car include:  __________  Color  ________  License plate  _________ (if known or estimated)

General Rules  Once issued, search warrants must be carried out within ___ ___________  The officer takes _______ _______of the warrant to the __________ and, once searched, leaves the _______ there  Original _________ is filed with the ______________ Clerk  No one is ________ to be at the premises for the search warrant to be _________ out

Search Warrant Exceptions Most searches occur without a search warrant issued Consent Searches:  A person may ________ __________agree to a search (give consent) and whatever a police officer finds during the search is ___________ in court  Police do not _______________________________________________ _______________________________________________  If a person is tricked by an officer to perform a search, then the consent can be deemed invalid  Can a landlord consent to allow police to view leased apartments?  Can a hotel manager consent to allow police to search hotel rooms?  Can a manager give consent to search a company building in which a suspect works?

 If a person ________ _______give consent to a search, they must make that __________to the _______, and ________ if necessary.  If an officer __________ an intention to ________ a home or building __________ a warrant, a person should ______ risk injury or a separate _________ of “____________ with a police officer." Rather, the person should _______aside, let the officer _________ and allow a _________ to decide later whether the officer's actions were __________.

Search Warrant Exemptions Plain View Doctrine:  Police do not need a search warrant to ________ ________“in _______ view” that may be deemed as ____________or evidence in a suspected case  Even if police are searching a premises and ___________contraband is not listed in the warrant, police may still __________ the contraband and ________ press charges on the _________ owner

Search Warrant Exemptions In Connection with an Arrest:  Police do not need to have a warrant to conduct a search that is “_________ to___________”  Often search ________ looking for evidence a _________may have tried to ________ or weapons associated with the suspect  Police make a “____________ ________” to quickly search a premises _____________beds, in closets, etc. to look for an __________ who may be hiding. They can seize contraband during a sweep if it is in ________ _____

Search Warrant Exemptions Emergencies:  Police are able to do a ____________ search if they believe that ________safety is in jeopardy or if ___________evidence may be compromised at the scene  Examples: Screams from inside a house, chasing a suspect into their residence, finding illegal drugs at the scene of a car accident

Search Warrant Exemptions Car Searches and Their Passengers  A car can be searched if it was legitimately ____________ stopped and the officer has _________cause that the car _________ contraband or evidence  Police ________ search the car if only stopped for a ________ infraction, but can require persons in the car to ______ ____for safety considerations  Passengers can also be ________ without a warrant if the officer has ________ suspicion that any of them are involved in ___________ _________________