Term
| According to the text (casebook), what is the best assurance that a search will be deemed reasonable by the courts? |
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Definition
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Term
| If an officer legally obtains evidence to support probable cause, the officer must communicate that evidence to the magistrate in the form of what? |
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Definition
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Term
| From the time a search warrant is issued, how much time may expire before the search warrant must be returned? |
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Definition
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Term
| After officers have completed a search, what must they do next? |
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Definition
| Inventory the items seized |
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Term
| When a search is completed, what must the officers give the occupants or leave on the premises? |
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Definition
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Term
| Which of the following, under the Fourth Amendment, helps determine the reasonableness of a search? |
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Definition
| Knock and Annouce principle |
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Term
| Prior to entering a residence under the authority of a search warrant, what would be an acceptable announcement to make? |
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Definition
| "Police, we have a warrant to search the apartment, open the door" |
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Term
| True/False: The use of trickery, ruse, or deception to gain entry is not permissible. |
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Definition
| False. The use of trickery is permissible. |
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Term
| Why is it important to understand laws and case decisions relating to warrant requirements? |
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Definition
| To ensure that any evidence seized will be admissible in court |
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Term
| Who possesses control of the premises during the execution of a search warrant? |
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Definition
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Term
| What is the time limit place on how long a search can last? |
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Definition
| No exact time limits are placed on searches |
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Term
| According to the S.C. statute as it pertains to search warrants, will supporting the issuance of a warrant with "sworn oral testimony, standing alone,…" satisfy the statute? |
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Definition
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Term
| Determination of probable cause for issuing a warrant must be made by who? |
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Definition
| A neutral and detached magistrate |
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Term
| What is the best assurance that a search will be deemed reasonable by the courts? |
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Definition
| The authority of a warrant is the best assurance |
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Term
| Finish the statement: "no warrant shall issue but upon probable cause supported by...? |
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Definition
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Term
| Give the 3 conclusions that must be supported to constitute probable cause for a search |
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Definition
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An offense has been committed
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Items sought are connected with criminal activity
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Such items will presently be found in the place to be searched
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Term
| The Supreme Court has concluded that the determination of probable cause must be made by who? |
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Definition
| A "neutral and detached magistrate" |
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Term
| Name the at least 3 of the 4 types of officials authorized by the State of South Carolina (S.C. Code 17-13-140) to issue search warrants. |
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Definition
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Magistrates
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Municipal judges
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Circuit judges
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Recorders
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Term
| Where is the requirement for an oath or affirmation is explicity set forth? |
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Definition
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Term
| A valid Fourth Amendment search warrant must meet what standard? |
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Definition
| The standard of "particularly describing the place to be searched, and the persons or things to be seized" |
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Term
| As a new reserve officer you just obtained your first search warrant. How long do you have before the search warrant must be returned? |
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Definition
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Term
| After a search has been completed, what must the officers, first, do with the items seized? |
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Definition
| Officers must inventory the items seized, leave a receipt with the occupants or at the premises, and return a copy of the inventory with the warrant |
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Term
| According to the text (casebook), what is the suggested announcement to make when executing a search warrant at an apartment with a "Knock and Announce" entry? |
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Definition
| "Police--we have a warrant to search your apartment--open the door." |
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Term
| When executing a search warrant, you "knock and announce" your presence and allow a brief delay for the individual to open the door, however the individual refuses to open the door. What would be your next step? |
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Definition
| An immediate forcible entry |
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Term
| The U.S. Supreme Court provide 2 particular circumstances that would allow police to make a valid "no knock" entry when executing search warrants. What are those 2 circumstances? |
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Definition
Police must have reasonable suspicion that announcing their presence:
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Would be dangerous or futile, or
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Would inhibit the effective investigation of the crime by, for example, allowing the destruction of evidence
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Term
| Is the use of deception or trickery allowed to gain entry when executing a search warrant? |
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Definition
| The use of deception or trickery to gain entry is permissible. BUT should be avoided unless extraordinary circumstances are present |
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Term
| Are officers allowed to let third parties into a home during the execution of a search warrant? |
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Definition
| Yes, ONLY if the third party is in aid of the warrants execution. Otherwise No. |
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Term
| If, during the execution of a search warrant on a home, an officer allowed the news media inside, and the news media was in no way aiding in the execution of that warrant, that officer would have violated what amendment? |
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Definition
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Term
| When a search warrant is being executed, who has control of the premises being searched? |
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Definition
| The Officers. Officers searching under a warrant are in absolute control of the premises to be searched and cannon permit any interference or resistance. |
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Term
| True/False: Officers executing a search warrant may control the movement of persons found inside the premises and maay frisk such persons for weapons if there is reasonable suspicion they are armed. |
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Definition
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