4th Amend
18 USC 3109 (Knock and Announce) applies to what circumstances?
LEO executing an A/W or a S/W
True or False: 18 USC 3109 forbids use of deception to gain admittance into a dwelling
FALSE
What are the three things required before performing a search incident to arrest?
Lawful Arrest
Search must be substtantially contemoraneous
Area searched must be currently accessible
When are LEO permitted to search vehicles during the execution of a S/W?
If listed on S/W
&
If in the curtiledge and belongs to someone connected to the premises
What's the Acevedo rule?
LEO may search for a specific container but not other areas
What are the 4 requirements of the knock and announce rule?
1. Knock
2. Announce Authority
3. Demand Entry
4. Announce your purpose
LEO conducting lawful search of house sees tools in an open bag that appear to be the same tools reported stolen last night from a local hardware store. However to be sure he grabs one of the drills to look at the serial number and confirms it matches the serial number of a stolen drill. Does this violate the Plain View Doctrine?
Yes
What 2 requirements must be met before an LEO can execute a search under tthe mobile conveyance exception?
1.) Vehicle must be readily mobile
2.) Probable Cause (and lawful access matters here if located in an REP place)
The purpose of an affidavit in a search warrant is to establish _______________ that the items listed in attachmentt B are ___________ to ____________ and can found at the ______________ described in attachment A.
Probable Cause,
Subject to Seizure,
Location