CITP 84 Exam 4-Fourth Amendment ***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