Exam 11: Developing Law of Search and Seizure

If officers illegally seize evidence, that evidence is not admissible at trial even if it was inevitable that it would have been discovered.

Evidence seized in violation of the Fourth and Fifth Amendments may be used:

Items found in plain view while properly executing a search warrant are admissible at trial even though they were not mentioned in the warrant.

Describe the process for obtaining a search warrant.

The affidavit for a search warrant is a document completed under oath stating facts to establish probable cause.

Under the Good Faith Exception to the Exclusionary Rule, evidence is admissible by the prosecution at trial whenever it was seized by officers who had a good-faith belief that their actions were legal.

The Fourth Amendment prohibits:

Officers may conduct a protective sweep when executing a search warrant only if they have prior authorization from a judge.

Describe what should be done when officers execute a search warrant in a home.

When executing a search warrant, officers may:

What is the purpose of the "return" on a warrant?

Evidence officers seized in violation of the Fourth Amendment is admissible if the same evidence was discovered by an independent source using appropriate methods that do not violate the suspect's constitutional rights.

Search warrants are issued by the prosecutor.

"Standing" refers to:

Officer Allen obtained a search warrant for Dan's apartment after he arrested him for possession of stolen televisions. He obtained a key from the apartment building's manager. Officer Allen knew that Dan was in jail, so he let himself in with the key and did not knock. As soon as he was in the door he checked all the rooms to make sure no one would ambush him. While doing so, he found an illegal assault rifle in the back of a clothes closet in Dan's bedroom. He spent an hour searching the small apartment. He did not find any stolen televisions, but he did find counterfeit $20 bills in a wallet on top of Dan's dresser. Will the counterfeit $20 bills be admissible if Dan is charged in federal court with possession of counterfeit money?

Officer Allen conducted an investigation of Brian for purchasing stolen property which he resold at his jewelry store. Officer Allen, dressed in street clothes, went to Brian's store when it was open for business and spent an hour looking at items in the display cases. He did not ask Brian any questions and he did not buy anything. Officer Allen asked Judge Crawford for a search warrant for Brian's store. Judge Crawford signed a warrant that gave Officer Allen permission to check every item in the store for serial numbers and to run the serial numbers through the database that listed stolen property. If Officer Allen gave Judge Crawford an affidavit, how should the judge evaluate it?

Dan and Eric frequently sold stolen televisions to Brian. They entered Brian's store while Officer Allen was executing a search warrant that gave him permission to run the serial numbers on all items in Brian's store. Can Officer Allen search Dan and Eric for weapons?

A "return" is filed on a search warrant only if the officers failed to execute it in the time prescribed by law.

Dan and Eric frequently sold stolen televisions to Brian. They entered Brian's store while Officer Allen was executing a search warrant that gave him permission to run the serial numbers on all items in Brian's store. If Officer Allen illegally searched the box that Dan was carrying and found evidence that incriminated Eric, can Eric successfully have the evidence suppressed?

George was arrested for kidnapping someone for ransom. The kidnap victim, who had severe medical problems and needed regular medication, had not been found. Immediately upon handcuffing George, an officer demanded to know where the victim was. George gave the officer the address. George's statement will be: