Ch 29 Search Warrant

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Questions and Answers

What must a search warrant include to be considered valid on its face?

The property to be seized and the location to be searched (correct)

A statement of probable cause for the search

The officer's personal opinion regarding the case

A list of all known occupants of the premises

Under what situation can officers act without a search warrant?

If they have obtained verbal permission from a neighbor

In the presence of exigent circumstances (correct)

When they believe they may find evidence of a minor offense

If a supervisor is present to oversee the search

Which term describes property that serves as evidence of an offense but is not considered contraband?

Probable cause

Physical evidence

Mere evidence (correct)

Exigent evidence

What constitutes reasonable suspicion for an officer?

Credible and articulable information suggesting an offense may have occurred Signup and view all the answers

What limitations exist for the scope of a search under a search warrant?

Only areas specifically mentioned in the warrant can be searched Signup and view all the answers

What is the maximum time allowed for the execution of a search warrant for purposes other than DNA analysis?

3 whole days Signup and view all the answers

When should officers ideally execute a search warrant to ensure safety and effectiveness?

When resistance is least expected Signup and view all the answers

What must officers do with a search warrant before executing it?

Review it for proper form Signup and view all the answers

Under what condition may officers extend their search beyond the specified areas in a search warrant?

They cannot extend their search at all Signup and view all the answers

What should officers avoid doing when seeking consent to search?

Falsely claiming that a search warrant has been issued Signup and view all the answers

What items are officers allowed to search for under a search warrant?

Only items specifically named in the search warrant Signup and view all the answers

What must be done if a search warrant is found to be lacking proper form?

Officers must return it to the magistrate who issued it Signup and view all the answers

What can officers not search during the execution of a search warrant?

Places or things that could not conceal items described in the warrant Signup and view all the answers

Under what condition may officers seize items not listed in the search warrant?

If found in plain view and officers have probable cause. Signup and view all the answers

When may an individual be lawfully detained during the execution of a search warrant?

If he is an occupant of the premises. Signup and view all the answers

What must officers have to search an individual merely found on the premises?

Reasonable suspicion of association with criminal activity Signup and view all the answers

How long may a valid detention be maintained during the execution of a search warrant?

As long as the search is being conducted Signup and view all the answers

Who may generally participate in the execution of a search warrant?

Only peace officers Signup and view all the answers

What is a priority for the officer in charge during a search warrant execution?

Maintaining appropriate safety and security measures Signup and view all the answers

What is the least forceful means possible under the circumstances meant for?

Entering the premises during a search warrant execution Signup and view all the answers

What type of search can officers conduct incident to a lawful arrest?

Search of the person being arrested Signup and view all the answers

What grounds are required for officers to search a specific person mentioned in a search warrant?

The warrant must specify the person's name or adequately describe them. Signup and view all the answers

Study Notes

Search Warrant Definitions

Curtilage: The area surrounding a residence, such as yards, garages, sheds, and driveways, but excluding vehicles on the street, business structures, and open fields.
Exigent Circumstances: Urgent situations requiring immediate action, such as a wanted suspect who might escape, potential bodily harm, imminent destruction of evidence, or risk of property damage.
Mere Evidence: Items used as evidence of a crime but not inherently illegal items, like fruits of a crime, contraband, or weapons.
Probable Cause: A reasonable belief, supported by credible evidence, that a crime has been committed or that a particular person has committed a crime.
Reasonable Suspicion: A justifiable belief, based on observable facts and circumstances, that a crime may have been committed or that a particular person may have committed a crime.
Search Warrant: A written court order issued by a magistrate, based on probable cause, authorizing a law enforcement officer to search a specific location or person for specific items.

Execution of Search Warrants

General Duties:
- Law enforcement officers are generally prohibited from searching or seizing property without a valid warrant, unless permitted under established warrantless search exceptions.
- Officers must not modify any information on a search warrant.
- Officers should assume that any search warrant which appears valid is in proper form.
- Proper form requirements:
  - The warrant must be issued in "The State of Texas".
  - It must identify the specific property to be seized and the person, location or thing to be searched
  - The warrant must command any peace officer of the appropriate jurisdiction to conduct the search.
  - The warrant must be dated and signed by a magistrate.
Execution of a Valid Search Warrant:
- Officers must execute a valid search warrant in accordance with established laws and procedures.
- If a warrant appears to be invalid due to improper form or significant errors, it should not be executed and must be returned to the issuing magistrate.
- When executing a search warrant, officers must bring it to the scene and show it to the person in charge of the premises, if present.
- Officers can never falsely claim to have a search warrant or that they can obtain one when probable cause for a warrant does not exist.
Time Limits for Execution:
- Search warrants generally have a time limit for execution:
  - Warrants for DNA testing for blood and saliva samples: 15 days.
  - Warrants for all other purposes: 3 days.
- Warrant execution timing should consider:
  - Daylight hours unless dangerous or impractical.
  - Minimizing resistance and inconvenience.
  - Balancing officer and occupant safety, effectiveness, and convenience.

Scope of Search

Location of Search:
- Officers may search the specific location described in the search warrant and any buildings within the curtilage of that location.
- Officers may not expand a search to areas outside the specified location, even if within the larger curtilage, if the warrant only covers a portion of the premises
Items to Be Searched For:
- Officers may only search for the specific items named in the search warrant.
- They may not search places or things that could not contain or conceal the named items.
Plain View Doctrine:
- Officers may seize items not mentioned in the search warrant if they are discovered lawfully and if they have probable cause to believe those items are contraband, fruits of a crime, stolen property, evidence of a crime, or tools used in a crime.
Detention of Individuals Found at the Scene:
- A person can't be detained simply for being present at the scene of a search warrant execution.
- However, a person can be detained:
  - If they are an occupant of the searched premises as owner or tenant.
  - If officers have reasonable suspicion that they are or have been involved in criminal activity.
- Detention should be limited to the duration of the search, which should be conducted diligently and promptly.
Search of People:
- Officers cannot search someone simply because that person is on the premises. Search of a person is allowed:
  - Incident to a lawful arrest.
  - When the warrant itself directs the search of a specifically named person, and the items sought are on the person's body.
  - When officers have reasonable suspicion the person is armed and dangerous, which is limited to a weapons frisk (no search for seizable property).
  - When probable cause develops to believe a suspect has seizable property on their person
  - For purposes of identification.

Search Procedures

Personnel:
- Generally, only Peace Officers are authorized to execute search warrants.
- In some situations, a legal advisor or a member of the prosecutor's office can be present during the execution.
- Presence of advisors or others may be necessary for the successful execution of the warrant.
Safety and Security:
- The officer in charge is responsible for ensuring safety and security of officers, the evidence sought, and any people on the premises.
Method of Entry:
- Officers should enter the location using the least forcible method possible, given the circumstances.

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Description

Test your understanding of key legal terms related to search warrants. This quiz covers important definitions such as curtilage, probable cause, and exigent circumstances. Explore the nuances of legal language and enhance your knowledge of law enforcement procedures.