Question 1

Proper execution of an anticipatory search warrant is dependent upon _____.

Accepted Answer

An anticipatory search warrant is dependent upon a triggering condition, which is a specific event or condition that must occur before the warrant can be executed.

Question 2

A police officer requests and is granted a search warrant for a particular residence. The search warrant specifies that the search is not to be commenced until after a UPS delivery truck appears at the residence on a particular date to drop off a package. This is a(n):

Accepted Answer

An anticipatory search warrant is a warrant that authorizes police to conduct a search only if and when a certain specified event occurs in the future. In this case, the search warrant specifies that the search is not to be commenced until after a UPS delivery truck appears at the residence on a particular date to drop off a package, making it an anticipatory search warrant. The other options do not fit the scenario described.

Question 3

Legal issues surrounding search and seizures typically fall under the ____ Amendment?

Accepted Answer

The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures by the government. It requires that search and seizure operations be conducted only with a warrant, issued by a judge or magistrate, and based on probable cause. Exceptions to the warrant requirement include searches incident to a lawful arrest, consent searches and other exigent circumstances.

Question 4

Which description lacks sufficient particularity to satisfy the Fourth Amendment?

Accepted Answer

The description "various obscene books, magazines and video tapes" lacks sufficient particularity as it does not specify which specific items are to be searched for and seized.

Question 5

To qualify to issue a warrant, the judicial officer must be _____.

Accepted Answer

The judicial officer must be neutral and detached in order to ensure that the warrant is issued fairly and impartially. A biased officer would not be able to make an objective decision, while a semi-detached officer may not have access to all relevant information.

Question 6

Under rule 41(c) of the Federal Rules of Criminal Procedure, seizure is limited to _____.

Accepted Answer

The answer of Under rule 41(c) of the Federal Rules...

Question 7

Coolidge v. New Hampshire, 403 U.S. 443 (1971) found that a _____ is not a neutral and detached judicial officer.

Accepted Answer

The Supreme Court in Coolidge v. New Hampshire found that a state attorney general is not a neutral and detached judicial officer, as they are involved in law enforcement activities and thus cannot issue valid search warrants.

Question 8

Officers executing a search warrant for a particularly described premises may not search _____.

Accepted Answer

Officers need additional justification to search people on the premises beyond the scope of the search warrant for the property itself.

Question 9

Which statement about a Franks hearing is true?

Accepted Answer

A Franks hearing is used to challenge the validity of a search warrant by alleging that the police officer(s) submitted an affidavit with intentionally false or misleading information. The purpose of the hearing is to allow the defendant to challenge the veracity of the affidavit used to obtain the search warrant. Therefore, option A is true. Option B is incorrect because a Franks hearing can be initiated with a simple allegation of falsity and/or material omission in the affidavit used to obtain a search warrant. Option C is incorrect because a defendant does not bear the burden of proving the allegations beyond a reasonable doubt, but they do have to prove them by a preponderance of the evidence. Option D is incorrect because a Franks hearing is not automatically granted to all criminal suspects.

Question 10

Probable cause to search has two requirements that probable cause to arrest does not: _____.

Accepted Answer

Probable cause to search requires that the information leading to the search is not stale, meaning it is still relevant and timely, and there must be particularity regarding the place to be searched and the items to be seized. This is to ensure that the search is not overly broad and is focused on specific evidence related to the crime.

Question 11

Which description does not satisfy particularity requirements?

Accepted Answer

The answer of Which description does not satisfy particularity requirements?
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Question 12

What were all-purpose warrants referred to in early colonial America?

Accepted Answer

All-purpose warrants were referred to as writs of assistance in early colonial America. These were general search warrants that allowed British officials to search any location without specifying the person or items to be searched, leading to widespread abuse of power and violation of individual privacy during the colonial era.

Question 13

For Fourth Amendment purposes, a seizure of property occurs whenever there is a(n) _____.

Accepted Answer

A seizure occurs when there is an interference with a person's possessory interests in their property. This can include physical removal or taking control of the property, or even preventing the owner from using it. This definition of seizure is established by legal precedent and is used to determine if the Fourth Amendment's protections against unreasonable searches and seizures have been violated.

Question 14

In a situation where an officer acts in reckless disregard for the truth when applying for a warrant: _____.

Accepted Answer

When an officer acts in reckless disregard for the truth in a warrant application, courts can apply the doctrine of severability, allowing them to sever or redact the deficient parts of the warrant while preserving the remainder, provided that the remaining parts are supported by probable cause.

Question 15

The neutral and detached requirement for the issuing authority means that the issuer must not _____.

Accepted Answer

The neutral and detached requirement for the issuing authority means that the issuer must not have anything to gain or lose in the outcome. This ensures that they are impartial and unbiased in issuing search warrants or other legal orders.

Question 16

A general warrant _____.

Accepted Answer

A general warrant lacks specificity in the person or place to be searched, meaning it does not name a specific person or location to be searched. This makes it unrestricted and open to potential abuse by law enforcement.

Question 17

A search warrant is _____.

Accepted Answer

The answer of A search warrant is _____.
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Question 18

The information that a law enforcement officer swears to in an affidavit (or in live testimony) to establish probable cause for a warrant must be "truthful in the sense that the information put forth is" _____.

Accepted Answer

The information in an affidavit needs to be truthful, but it doesn't need to be objectively established as true or corroborated by multiple sources. It is sufficient if the information is believed to be true by the affiant, as long as that belief is supported by a reasonable basis. This is known as the "veracity" prong of the Aguilar-Spinelli test for establishing probable cause.

Question 19

Probable cause must be based on _____.

Accepted Answer

Probable cause for a search or arrest must be based on facts that suggest a crime has been, is being, or will be committed. It is a higher standard than reasonable suspicion but does not require proof beyond a reasonable doubt, which is the standard for convicting someone of a crime. The Aguilar/Spinelli test was a guideline established by the Supreme Court for assessing the validity of probable cause based on informant tips, but the question specifically asks what probable cause must be based on, which is fact.

Question 20

The execution of a search warrant must normally be _____.

Accepted Answer

Search warrants are typically required to be executed during the daytime unless the warrant specifically authorizes otherwise, to minimize the intrusion and potential for violence.

Quiz 4: Criminal Investigatory Search Warrants