Seriously Evil
List five exclusionary rule exceptions that start with the letter "I".
1) Inevitable discovery
2) Independent basis
3) Inventory search
4) If the hearing concerns a non-criminal matter
5) If exigent circumstances exist: ie. police see the crime
Groh v. Ramirez
Particularity of the search must be stated in the warrant. May be stated in the affidavit through "words of incorporation."
What rule of the FRCP governs search warrants?
41
Bailey v. United States
Police could properly detain essential witnesses near a house to be searched to prevent notification of occupants.
What are the daytime hours for a search warrant per the FRCP?
6:00am - 10:00pm (FRCP 41(a)(2)(B))
List 3 exclusionary rule exceptions that start with "P".
2) Protective sweeps
3) Public safety exception
Bradley case.
Pervasive fraud doctrine. Allows search of all records. Only applicable to businesses.
Grubbs case.
You can get an anticipatory search warrant based on a future triggering event, but that event must be listed on the warrant itself.
Richards v. Wisconsin
The court upholds the necessity of the knock-and-announce rule.
FRCP number of days to execute a warrant.
14
List 3 exclusionary exceptions that start with "C".
1) Cost-benefit analysis
2) Consent search
3) Checkpoint for intoxicated drivers
Do you have to show someone a warrant?
Yes, if they are the owner of the property to be searched.
Michigan v. Summers
Police can detain man on front steps of home while conducting a search. Limited intrusion to protect law enforcement interest.
United States v. Banks
Knock and announce; 15-20 seconds for a house; 5 seconds for a motel room.
FRCP number of days to install a tracking device.
10
List 3 exclusionary rule exceptions that start with "A".
2) Auto exception
3) Administrative searches
What was the "sneak and peek" case?
No seriously... I can't remember the name of this one. Argh!
Muehler v. Mena
When conducting a search in dangerous conditions, police can detain all others in handcuffs.
Los Angeles County v. Rettele
Detaining people naked while searching was ok, even though the warrant was mistaken and the people were innocent.
Longest tracking period initially possible for tracking device.
45 days
List the exclusionary exceptions that don't start with "I", "C", "A", or "P". Hint: LSRBFG
1) Lacks standing to contest search
2) Search incident to arrest
3) Reasonable suspicion (stop and frisk)
4) Border searches
5) Few protections for parolees / probationers
6) Good faith exception (see Leon case)
What do you need to get a "no knock" warrant?
Reasonable suspicion that knocking would be dangerous or futile, allowing the destruction of evidence.
Ybarra v. Illinois
A search warrant to search a person at a bar does not justify the search of others at that bar unless there is evidence of a common criminal enterprise.
Can municipal clerks sign search warrants?
Can a Lake County judge issue a search warrant for a home in Porter County?
Generally no. See FRCP 41(b)(1).