Criminal procedure I: Search and Seizure
Evidence obtained by law enforcement using methods that violate a person's Constitutional rights is not admissible in a criminal prosecution against that person. This procedural requirement is called:
The Exclusionary Rule
What is a search warrant?
-An order in writing from a District Court judge or authorized justice of the peace. -It authorizes a law enforcement officer(s) to conduct a search. -It authorizes a seizure of a person(s) or property.
To obtain a search warrant, a law enforcement officer must do which of the following? (Select all that apply.)
-Complete an Affidavit and Request for Search Warrant form -Make the request to a District Court judge or justice of the peace
Grounds for issuing a search warrant include which of the following?(select all that apply) (pick one)(note: not all of them)
-Evidence and contraband. -Instrumentalities of crime. -Documentary evidence in a civil lawsuit. -People to be arrested, and kidnap victims.
After executing a search warrant, the law enforcement officer must do which of the following? (Select all that apply.)
-Leave a copy of the warrant at the premises -Leave a copy of a receipt at the premises for property taken -Deliver the original warrant and inventory of items to the court designated on the warrant
Exceptions to the search warrant requirement include which of the following? (Select all that apply.)
-Search incident to arrest -Hot pursuit -Exigent circumstances
The ____________ requirement for search warrants requires that the place to be searched and things to be seized be articulated in detail. (pick one)
-Staleness -Particularity -evidence
When executing a search warrant, a law enforcement officer will do all of the following, EXCEPT:
Bring representatives of the media along.
_______________ is defined as facts and circumstances within the law enforcement officer's knowledge and of which the officer had reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that seizable property would be found in a particular place or on a particular person.
Probable cause to search.
The 4th Amendment of the United States Constitution protects citizens from:
Unreasonable searches and seizures.