Crim Pro 1B

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Author:
paul
ID:
23802
Filename:
Crim Pro 1B
Updated:
2010-06-16 16:22:44
Tags:
Warrant Satisfies 4th Am
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Description:
Crim Pro 1B - Warrant Complies with Fourth Amendment?
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  1. 3 KEY QUESTIONS

    1) Warrant supported by _____ and _____?
    2) If not, did police rely on defective warrant in _____?
    3) Was warrant _____ by the police?
    1) Warrant supported by PROBABLE CAUSE and PARTICULARITY

    2) If not, did police rely on the defective warrant in GOOD FAITH?

    3) Was the warrant PROPERLY EXECUTED by the police?
  2. Warrant supported by PROBABLE CAUSE?

    1) Rule
    2) Can be supported by hearsay?
    3) Can be supported by informant's tips?
    4) NY: Can be supported by informant's tips?
    1) RULE: Proof of a FAIR PROBABILITY that contraband or evidence of crime will be found in the area searched

    2) HEARSAY can support PC

    3) YES, IF police corroboration shows that PC exists through COMMON SENSE and PRACTICAL determination

    4) YES, but must show BOTH informant's

    • BASIS OF KNOWLEDGE, and
    • VERACITY or RELIABILITY
  3. WARRANT IS PARTICULAR?

    The search warrant must specify BOTH _____ AND _____
    1) the PLACE TO BE SEARCHED

    2) ITEMS TO BE SEIZED
  4. GOOD FAITH

    Can a warrant that lacks PROBABLE CAUSE or PARTICULARITY be saved?

    1) Rule for MBE
    2) Rule for NY
    1) MBE: YES. Good faith reliance on a DEFECTIVE warrant can save a search or seizure

    2) NY: NO. Good faith reliance cannot save a search or seizure from a defective warrant
  5. GOOD FAITH

    When WON'T good faith save a defective search warrant? (4 situations)
    • Application EGREGIOUSLY LACKS probable cause
    • SO FACIALLY DEFICIENT as to particularity
    • Based on KNOWING or RECKLESS FALSEHOODS
    • Issuing magistrate is BIASED in favor of prosecution (e.g., paid per warrant issued)
  6. WARRANT PROPERLY EXECUTED?

    1) Scope of warrant?
    2) Front door?
    1) Can't exceed the TERMS AND LIMITATIONS of the warrant

    2) Must KNOCK AND ANNOUNCE unless doing so would

    • be FUTILE or DANGEROUS, or
    • INHIBIT INVESTIGATION (e.g., lead to destroyed evidence)

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