Search Warrants and Probable Cause Flashcards

Questions and Answers

____ is the standard for getting a search warrant

probable cause

What was the significance of Draper v. US?

One of the first cases that established probable cause. Found that probable cause exists when the facts of the officer's knowledge are sufficient to warrant an arrest.

What is a key takeaway from Aguilar-Spinelli?

Reliability of informants must be established before establishing probable cause.

What does the Aguilar-Spinelli test evaluate?

It is used to determine probable cause based on the reliability of the informant, requiring a basis of knowledge and establishing the informant's reliability. Signup and view all the answers

What was Rehnquist's opinion in Illinois v. Gates?

Rehnquist rejected the rigid Aguilar-Spinelli 2 pronged test and considered the totality of the circumstances for probable cause. Signup and view all the answers

Search warrants are required in most instances.

False Signup and view all the answers

What was the ruling in Franks v. Delaware?

Defense must show by a preponderance of evidence that the officer had reckless disregard for the truth in the affidavit. Signup and view all the answers

What exceptions exist for the 'knock and announce' rule as per Wilson v. Arkansas?

<ol> <li>to prevent violence, 2) to prevent the destruction of evidence, 3) to prevent suspects from fleeing.</li> </ol> Signup and view all the answers

What was the outcome of the case Richards v. Wisconsin regarding no-knock warrants?

The Wisconsin Supreme Court allowed no-knock warrants for all felony drug cases but emphasized case-by-case evaluations. Signup and view all the answers

What was established in Ybarra v. Illinois?

Police cannot search anyone in the residence being searched; they need search warrants for each individual. Signup and view all the answers

What does Warden v. Hayden say about search warrants?

The 4th amendment does not require the police to obtain a warrant if there are exigent circumstances. Signup and view all the answers

Study Notes

Search Warrants and Probable Cause

Probable cause is the standard required to obtain a search warrant.

Key Cases Establishing Probable Cause

Draper v. US: Early case establishing probable cause; found sufficient facts known to the officer warranted an arrest.
Aguilar-Spinelli Test: A two-pronged test for determining probable cause based on informant reliability:
- Basis of knowledge must be indicated in the search warrant.
- Informant's reliability must be established.
Illinois v. Gates: Overturned Aguilar-Spinelli test; introduced the "totality of the circumstances" approach to evaluate probable cause based on an anonymous tip. Rehnquist's opinion stated no constitutional violation if the total circumstances support probable cause, while Brennan dissented, noting the informant's inaccuracies.

Requirements and Misconceptions

Search warrants are not required in the vast majority of situations; many searches can legally occur without one.

Important Legal Precedents

Lo-Ji Sales Inc. v. NY: Background and ruling details are necessary for understanding implications on warrant requirements (specific details not provided).
Franks v. Delaware: Established that defendants must demonstrate by a preponderance of evidence that an officer acted with reckless disregard for the truth in their affidavit to challenge its validity.
Wilson v. Arkansas: Created exceptions to the "knock and announce" rule:
- To prevent violence.
- To prevent evidence destruction.
- To prevent suspect escape.

Case Analysis

Richards v. Wisconsin: Details the limitations of a blanket "no-knock" warrant policy based on a case-by-case assessment of potential violence or evidence destruction rather than generalizing across all felony drug cases.
Ybarra v. Illinois: Clarified that police cannot search individuals within a residence being searched without separate warrants for each person.
Warden v. Hayden: Asserts that the Fourth Amendment does not mandate a warrant if exigent circumstances exist warranting immediate action for safety or evidence preservation.

Description

Test your knowledge on search warrants and the concept of probable cause with these flashcards. Explore key cases like Draper v. US and crucial principles from the Aguilar-Spinelli standard. Perfect for students of law or those interested in legal processes.