Intro to Warrant Searches
What is True
Evidence can be excluded if a search warrant is not executed within the law. T or F.
True
Name the steps of a Knock and notice
Announce their presence
Identify themselves as PO’s
State their purpose
Demand entry
Wait for a reasonable amount of time (30)
If necessary, forcibly enter
Amendment that requires probable cause for searches
4th Amendment
Who grants search warrants?
Who is the Judge/Magistrate?
Peace officers can secure a residence under limited circumstances while obtaining a search warrant. T or F
True
What is a reasonable amount time to wait during a Knock and notice?
30 seconds~
2 types of evidence used to establish probable cause to search
Direct and circumstantial.
The burden is on who when it comes to proving illegality of a search?
Who is the defendant?
What happens if evidence is collected without following the legal procedures?
The evidence won't be admissible in court.
What is a Ruse Entry, and what do they need to use it?
Peace officers may use a false identity, a ruse or trick to obtain consent to
enter as long as they already have a judicially-authorized right to enter.
Who gives search warrants
A judge.
Searches & Seizures originates from which amendment?
What is the 4th?
What is the securing of premises based on?
The securing of premises is based on the belief that evidence may be destroyed or removed.
A connection or series of connections linking two or more things.
Definition of Nexus
When does probable cause exist
When a crime occurred and the place to be searched has a fair probability of containing evidence.
What is the info that should be listed on a search warrant? (5 things)
1. Names who have sworn in
2. Descriptions - people
3. Descriptions - things/property
4. Magistrate signature
5. Date issued
Exigency requires the belief that_____________.
Evidence will likely be destroyed or removed before obtaining a search warrant .
Penal Code 1531
What is a reasonable inference?
Act of drawing a conclusion from a fact.