Criminal Procedure Chapter 4

Proper execution of an anticipatory search warrant is dependent upon ________________.

A triggering condition

Which of the following items is not required on a search warrant form? A. Name of officer/department to conduct the search B. Date of issuance C. Magistrate's signature D. Probable cause for search

Probable cause for search

Officers executing a search warrant for a particularly described premises may not _____________.

Search people on the premises without further justification

Coolidge v. New Hampshire (1971) found that a __________ is not a neutral and detached judicial officer.

State attorney general

An officer about to execute a search warrant has a sudden feeling that the occupants might resist, making the officer fearful. The officer has no facts or circumstances to support this belief. The most legally sound course of action would be to ______________________.

Still knock and announce

Officers have a warrant to search a dwelling for three shotguns stolen in a burglary of a gun store. In executing the warrant they discover many firearms not described on the warrant, some of which they recognize immediately as having been taken in the same burglary. The officers have legal grounds to seize __________________.

The shotguns described in the warrant and the other firearms they recognize as stolen, but may not examine or seize the other firearms

A search warrant can become invalid because the probable cause upon which it is based has become stale (T/F).

True

A search warrant commands that the officer bring any seized property before the judicial authority named in the warrant (T/F).

True

The Fourth Amendment sets probable cause as the minimum standard for issuing warrants (T/F).

True

The freshness of the information forming the basis for probable cause is more important in applications for search warrants than for arrest warrants (T/F).

True

After knocking and announcing their presence and purpose and waiting a few moments, officers executing a search warrant for stolen property hear no sound. The officers _________________.

May then break in without further process

To qualify to issue a warrant, the judicial officer must be ______________.

Neutral and detached

Under Rule 41(C) of the Federal Rules of Criminal Procedure, seizure is limited to _________________.

Non-testimonial evidence

Which of the following items is not required on a search warrant form? A. Name of magistrate B. Owner of the place to be searched C. Name of the officer or department of conduct the search D. Time during day when search may be executed

Owner of the place to be searched

Probable cause to search has two requirements that probable cause to arrest does not:

That the information must not be stale and particularity regarding place and items

The execution of a search warrant must normally be ____________________. A. terminated when the items on the warrant are found. B. terminated when it gets dark. C. Done in the presence of the occupants. D. Terminated as soon as possible after issuance.

terminated when the items on the warrant are found

A general warrant _______________________. A. Lacks specificity in the person or place to be searched. B. Is directed to a specific officer or department. C. May be signed by the clerk of the court rather than a magistrate. D. Can be used only against smugglers.

Lacks specificity in the person or place to be searched

To obtain a valid anticipatory search warrant, ________________. A. There must be a fair probability that specific contraband will be found if the triggering event occurs and a fair probability that the triggering event will in fact occur. B. The police must have corroborated information from at least two informants. C. Police must have sufficient basis to believe that the evidence cannot be obtained any other way. D. The police must have established reasonable suspicion.

A

Officers execute a search warrant to search a dwelling for narcotics and find several persons on the premises. They find no illegal substances. The officers' most legally sound course of action is __________________.

Acquire additional probable cause that the people have drugs on them, then search them for drugs.

Which description does not satisfy particularity requirement? A. VHS video tape, labeled: 349, titled A pretty pet B. RCA television set, stolen from 35. main st. Canton, NY C. Manufacturer unknown, model unknown, .357 Magnum revolver, stainless steel, name Lisa engraved on stock. D. All cannabis plants normal

All cannabis plants normal

Relating to arrest and search warrants, the doctrine of severability ________________________.

Allows problematic clauses of a warrant to be redacted while preserving the remaining clauses

A police officer requests and is granted a search warrant for a particular residence. The search warrant specifies that the search is not to be commenced until after a UPS delivery truck appears at the residence on a particular date to drop off a package. This is a(n) __________________.

Anticipatory search

Which of the following is a violation of the truthfulness requirement that officers are bound to follow when applying for a warrant. A. Intentionally or knowingly making false statements. B. Intentionally or knowingly making false statements; knowingly or recklessly omitting material information from a warrant application; or swearing to information with reckless disregard for the truth. C. Swearing to information with reckless disregard for the truth. D. Knowingly or recklessly omitting material information from a warrant application.

B

The information that a law enforcement officer swears to in an affidavit (or in live testimony) to establish probable cause for a warrant must be "truthful in the sense that the information put forth is" _______________.

Believed or appropriately accepted by the affiant as true.

Officers have a warrant authorizing search for narcotics allegedly being sold in a tavern. When they execute the warrant, there is a bartender and eighteen customers. Select the officers most legally sound course of action. A. The officers may search the premises and everyone in it for drugs. B. The officers may search the premises and frisk the people for weapons. C. The officers may search the premises for drugs, but need specific probable cause for each person they want to search for drugs or frisk for weapons. D. The officers may search the premises for drugs, but need specific probable cause for each person they want to search for drugs and specific articulable suspicion of danger to frisk for weapons

D

Probable cause must be based on ____________.

Facts

If a mistake is made in specifying the address on a search warrant, the warrant is automatically invalid (T/F).

False

If a portion of the warrant is deficient with respect to the probable cause and particularity requirement then the entire warrant will be judged to be constitutionally invalid (T/F).

False

In every jurisdiction, the judicial officer authorized to issue a search warrant are the same officers authorized to issue an arrest warrant (T/F).

False

In the case of Franks v. Delaware, the court determined that if a search warrant was issued based on some exaggeration by the applying officer of the factual basis for the warrant, the seized items must be suppressed as evidence (T/F).

False

Officers must follow the knock and announce requirements even if they believe no one is in the premises to be searched (T/F).

False

The number of hours a search lasted is the major factor used to determine the reasonableness of the duration of a search (T/F).

False

The most legally sound action for officers about the execute a search warrant for narcotics in a dwelling is to _________________.

Follow knock and announce requirements

The neutral and detached requirement for the issuing authority means that the issuer MUST NOT ______________.

Have anything to gain or lose in the outcome

Which description lacks sufficient particularity to satisfy the Fourth Amendment? A. Various obscene books, magazines and video tapes. B. Various instruments and tools used in perpetrating burglary, which were instrumentalities of such crime. C. All marijuana located on the premises lities of such crime. D. Homemade pipe bomb

Homemade pipe bomb

In the Federal System, the codified procedures and rules relating to search and seizure are found ________________.

In the Federal Rules of Criminal Procedure, Rule 41

The execution of a search warrant must normally be ____________________. A. immediately after issuance. B. initiated during daytime. C. discontinued after dark. D. done in the presence of the occupant(s).

Initiated during the day time

For Fourth Amendment purposes, a seizure of property occurs whenever there is a(n) __________________.

Interference with a person's possessory interests in that property

A search warrant is ___________________. A. Issued by the police B. Issued in the name of the proper judicial authority C. Directed to any officer of the court D. Commands the property be brought before the authority

Issued in the name of the proper judicial authority

In a situation where an officer acts in reckless disregard for the truth when applying for a warrant _____________________.

The entire warrant will automatically be deemed constitutionally defective.

For police to legally search areas that are appurtenant (incident to, belonging to, or going with the residence listed on the warrant) _________________.

The items that are listed in the warrant must be capable of storage in the appurtenant areas

What were all-purpose warrants referred to in early colonial America?

Writs of assistance