How to get a warrant
True or False:
Stop and Frisk requires a warrant?.
False:
Reasonable suspicion is all that is required for stop and frisk
When are most warrants executed?
During the day
Define a suspicionless search
Search is based on location and reasonable potential for wrong doing.
(airport, court house, school)
Define the Consent Exception
When an officer receives a person's permission to search, they can proceed without a warrant.
What exception/exceptions can be used in this scenario:
There is an escaped convict and they hide in a warehouse. When the FBI break in to arrest them they discover 10 printing presses making counterfeit $100 bills. They then arrest the owner of the warehouse for counterfeiting along with the escaped convict. The owner and convict do not know each other.
(They did not have a warrant to enter the warehouse.)
Exigent Circumstances
Plain View
What do the police need to have before they can get a warrant?
Probable Cause
What is illegally obtained evidence called?
Fruit of the poisonous tree
Define Inevitable Discovery
Illegally obtained evidence can be used in court if it can be proved that it would have eventually been found legally.
Define Plain View.
The rule that permits officers to seize evidence if it can be easily seen
Who signs a warrant?
Why?
A Judge
Balance of Power
What are the two ways to execute a warrant?
Knock and Announce
No knock
Define Incident to a Lawful Arrest
Allows a search of a person without a warrant once that person is lawfully arrested
Define the Automobile Exception
States that, should the police have probable cause to believe that a vehicle (including boats) contains contraband, fruits of a crime, evidence, and/or instrumentalities of crime, the vehicle can be searched
An Affidavit
Why are no knock warrants controversial?
If they have to wrong location innocent people can get hurt.
Define Exigent Circumstances
One of six exceptions that allow a warrantless search, these emergency circumstances are present to prevent: escape, harm to the officer, destruction of evidence
Define Emergency Doctrine
Allows warrantless searches if evidence may be destroyed or in cases of imminent danger.