***If just the address is the only thing that is wrong on search warrant, can you still search the house/dwelling/premises? - ✔ ✔ Yes A copy of the warrant given to someone should include? - ✔ ✔ Premises description, list of items to be seized, does not include PC affidavit A search warrant for ________________ carries with it the limited authority to detain the occupants of the premises until officers complete a proper search (The summers Doctrine) - ✔ ✔ Contraband A search warrant relating to _________________ may be served at any time of the day or night if the judge/USMJ issuing the warrant is satisfied that there is PC to believe that grounds exist for the warrant and for its service at such time - ✔ ✔ Offenses involving controlled substance A warrantless seizure is? - ✔ ✔ Seizing under plain view doctrine An affidavit must provide ________ that demonstrate PC that a piece of evidence is located in the place the govt wants to search - ✔ ✔ Facts An item is contraband if possession of the item is itself _________ - ✔ ✔ Unlawful, such as controlled substances, illegal firearms, child Pgrphy, and stolen property Can an officer answer a ringing telephone when executing a search warrant? - ✔ ✔ Yes, this will not violate 4th amendment, any incriminating evidence acquired from those telephone calls is not subject to suppression Can you seize a weapon that is not contraband/evidence? - ✔ ✔ Yes, must return when warrant is complete Can you use a ruse/decoy in regards to knock & announce? - ✔ ✔ Yes, using an undercover agent, getting in to house by hiding LE identity Does knocking only include knocking on the door? - ✔ ✔ No, you can use phone call, bullhorn, police loudspeaker, public address system During a search warrant under summers officers may not automatically use? - ✔ ✔ Restraints, handcuffs. Use of restraints must be objectively reasonable based on the totality of the circumstances Example of Plain View Doctrine would be? - ✔ ✔ Officer has warrant looking for 27" television set, sees contraband (controlled substance) on floor, immediately recognize it as such, may seize this contraband For a search warrant what is federal law enforcement officer defined as? - ✔ ✔ Government agent (not an attorney) who is engaged in enforcing the criminal laws/within any category of officers authorized by the attorney general to request a search warrant How long can you stay when executing a search warrant? - ✔ ✔ Must be reasonable If the judge is neutral & detached the judge can issue a warrant to search a ? - ✔ ✔ Person or property located within a district in which the judge is otherwise empowered to act In a search warrant, when do officers have much more latitude when describing something to be seized? - ✔ ✔ Contraband, such as drugs, generic descriptions are accepted, child pongrpy In addition to the 3 justifications, an officer can detain someone under the summers doctrine when? - ✔ ✔ Someone attempts to enter residence, someone leaving residence before execution of search warrant. There is no bright line rule to detain someone, but farther a person is from the premises the less likely the court will uphold the detention under summers In regards to contraband in a search warrant, an officer must be ? - ✔ ✔ Specific, what type of contraband In regards to particularity-persons to be searched/seized, what are the three distinct rationales underlying this particularity requirement? - ✔ ✔ 1) limits the discretion of officers executing the warrant, informs the subject of the search what items the officers are entitled to take, defines the legally permissible scope of the search, since officers may only search in locations that could conceal the persons/things to be seized Is force the only manner in which the government can violate knock & announce? - ✔ ✔ No, its prohibits an unannounced intrusion into a dwelling Items officers seize under the plain view doctrine while executing a warrant are not seized pursuant to the warrant, therefore they ? - ✔ ✔ should be listed on a separate inventory Officers are required to obtain the __________ of the United States attorneys office before applying for a search warrant - ✔ ✔ Concurrence Officers may not _____________________ of a search based on items they find in plain view that are not included in the warrant - ✔ ✔ Broaden scope of search warrant, if officers are looking for TV sets & find controlled substance/seize, they cannot now look for additional controlled substances Officers may search all buildings/other structures within the curtilage, even if? - ✔ ✔ Not specifically referenced in the search warrant. Best practice is to list all known outbuildings or significant structures in the search warrant Only what types of judges can issue a telephonic warrant? Who cannot? - ✔ ✔ Federal Judges can, State Judges canno