warrant validity & requirements 1
when is a warrant required and what is needed?
to cross the threshold of a home whether it be to search property or to arrest someone.
the warrant must be supported by probable cause and must specifically describe the property subject to search or specifically describe the person that is subject to arrest.
what is the probable cause standard for an arrest
can a third party be searched if they are present during the execution of a search warrant
NO.
A person present during the execution of a search warrant may not be searched based solely on their presence.
Search of any third parties present must be supported by probable cause specific to that person.
what is required to arrest someone in public?
no warrant is required to arrest someone in public, officers just need probable cause.
what is the probable cause standard for a search
in order to have PC for a search, you need to 1) believe there are fruits, evidence, or instrumentalities of a crime and 2) these things are in a certain/specific place.
can a third party be detained during the execution of a search warrant
YES.
A person present during the execution of a search warrant may be detained while the search is conducted...
But only within a location for a reasonable time with use of reasonable force because of safety concerns for officers and potential destruction of evidence.
LIMITED only to people in immediate vicinity of premises to be searched.
a warrant must be executed during the daytime (6am-10pm)
a warrant is only valid for a limited time (usually 14 days after issuance)
what is the Gates standard/test for probable cause
the totality of the circumstances standard is a general approach used in determining whether there is probable cause and it extends beyond the issue of informants.
Gates case: police received anonymous tip implicating the Gates' in an illegal drug scheme. There was one discrepancy with the tip and what was observed by the officers who followed the Gates'. Court said they needed to consider the totality of the circumstances, holding that the tip and corroborating info was enough to establish PC.
what is the knock & announce rule when executing a warrant
the police must knock & announce their presence before entering a residence to execute a warrant
UNLESS a magistrate issues a no-knock warrant or the police have reason to believe that there is a risk of physical danger, that the suspect will escape or that evidence will be destroyed.
how is probable cause defined and how is it determined
PC are facts and circumstances within the officer's own knowledge and of which they have reasonable trustworthy information that are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been committed or is being committed
PC determined on the totality of the circumstances and is objective
what did the Whren v US case permit on pretextual stops and probable cause
the court decided that a pretextual stop is okay as long as there is objective probable cause that some law is being broken - there must be an actual violation or a real legitimate reason to stop.
(case facts: officers observed two guys from a distance and were suspicious that a drug deal was taking place. the officer stopped the car for a traffic violation and observed drugs. court said the arrest/seizure was okay)
what happens if officers make a mistake when executing a warrant?
if a mistake is made, the search is still permissible as long as the police action is reasonable and pursuant to a valid search warrant.
Maryland v. Garrison case: police had warrant to search McWebb's apartment and info to reasonably determine which apartment it was, but when executing warrant they mistakenly entered Garrison's apartment and found drugs. Court said their mistake was reasonable and evidence found was used against Garrison.
Rettele case: police had warrant to search home but by time of execution, they didn't know that targets had moved out so they ordered new naked people out at gunpoint. court said it was a reasonable mistake so a search conducted reasonably and pursuant to a valid warrant was not a 4th amendment violation even if the location turns out to be wrong.
is there valid probable cause if it is based on a mistake of the law?
Yes (heien case)
PC can be based on an objectively reasonable mistake of the law.
Case facts: officers pulled over a car and issue ticket for only have one brake light working. officers were suspicious of occupants and asked to search car which they consented. officers found cocaine. later determined that it was only illegal to have no working brake lights not just one inoperable brake light. but court said it was a reasonable mistake since brake light law was ambiguous so PC okay.
does probable cause apply to passengers in a vehicle found with drugs - why or why not
the presence of drugs in a car gives rise to PC to arrest any occupant of the car if the drugs are in a location where any passenger could have exercised dominion/control over them.
Pringle case - officer pulled over car; driver agreed to a search; drugs found in glove compartment. everybody arrested. court said officer had PC to arrest everyone since the drugs were in a place where everyone in the car constructively possessed them.