Search warrant requirements (4th amendment)

Seizure of evidence not specified in the warrant

A search warrant confers authority to search only the places and persons named in it. Regardless, any evidence of a crime, instrumentalities or fruits of a crime, or contraband found in plain view while properly executing the warrant, whether or not specified in the warrant, may be seized

Valid search warrant

A valid search warrant must be issued by a neutral and detached magistrate based on probable cause, must be supported by oath or affidavit, and must describe with particularity the places to be searched and the items to be seized. Warrantless searches are per se unreasonable unless the search satisfies one of seven exceptions to the warrant requirement.

Probable cause

Facts supporting probable cause may come from any of the following sources: i) A police officer's personal observations; ii) Information from a reliable, known informant or from an unknown informant that can be independently verified; or iii) Evidence seized during stops based on reasonable suspicion, evidence discovered in plain view, or evidence obtained during consensual searches.

When can a ∆ challenge a facially valid search warrant?

A defendant can challenge a facially valid warrant only when the defendant can establish, by a preponderance of the evidence, that: i) The affidavit contained false statements that were made by the affiant knowingly, intentionally, or with a reckless disregard for their truth; and ii) The false statements were necessary to the finding of probable cause.

Purpose of warrant

When a search occurs, a warrant serves to protect a person's privacy interests against unreasonable governmental intrusion.