CHAPTER FIVE

1
CHAPTER FIVE

• SEARCH WARRANTS

2
History

• Why have the 4th Amendment?
• General warrants
• Writs of assistance
• Purpose of 4th Amendment

3
Issuing a Search Warrant

• Neutral and detached magistrate
• Grounds for issuance
• Probable cause
• Time
• Items to be seized
• Particular description of place or person to be
  searched
• Particular description of things to be seized

4
Securing Dwelling While Seeking Warrant

• Probable cause
• Can the officer go in?
• Can officer prevent someone else from going in?

5
Anticipatory Search Warrant

• What is it?
• Is it legal?
• What do you have to show to get one?

6
Redaction of Search Warrants

• Partial suppression of a warrant
• What is cut out?
• Why not invalidate the entire warrant?

7
Contents of a Search Warrant

• Caption
• Description of place to be searched
• Description of property to be seized
• Names of those who gave affidavits
• Grounds for issuance
• Officer(s) who is to execute
• Time of day search to be done
• Date of issuance
• Name and signature of judge

8
Execution of a Search Warrant

• Who may execute?
• Time considerations
• Delay in execution
• Time of day
• Length of time to execute
• Knock-and-announce
• Purpose
• Reasonable suspicion standard
• No-knock warrant

9
Execution of a Search Warrant

• Search and seizure of 3rd persons
• Scope of search
• Seizure of items not in warrant
• Duties after search completed

10
Administrative Search Warrant

• Inspections
• Search warrant required
• PC is less
• Exceptions
• Difference between administrative and criminal
  searches

11
Special Needs Searches

• Search of students
• N.J. v. TLO
• Verona School Dist. v. Acton
• Government employees
• Probationers

12
Warrants for Electronic Surveillance

• History
• Omnibus Crime Control and Safe Streets Act of
  1968
• Only certain crimes
• What must the court find?
• Judicial sanctions
• Exceptions

13
Effective of Illegal Search and Seizure

• Exclusion of evidence
• Civil or criminal liability for officer

14
SEARCH WARRANTS

• END CHAPTER FIVE