The Law of Search Warrants

Where do the search & seizure rules come from?

4th Amendment to U.S. Constitution: no “unreasonable” searches & seizures; warrants must be supported by probable cause on oath/affirmation & specifically describe what is to be searched & persons or things to be seized N.C. Constitution: no “general warrants”

What Happens When The Law Isn’t Followed?

1)Evidence may not be admissible 2)Possibly civil & criminal penalties for officer 3)Rights are violated

1)Determine whether a warrant should issue 2)Determine the necessary facts & state them in the application 3)Write a description of what the officer will search for Five Skills to Acquire in This Session:

4) Write a description of who/what/where will be searched 5) Use proper search warrant procedure

1. Determine if Facts Justify Issuance of a Search Warrant  Must establish PC  Fair probability that the object of the search is in the place to be searched  More than reasonable suspicion; less than proof beyond a reasonable doubt

 Consider all of the circumstances  Watch out for timeliness!  Can give a search warrant even if another magistrate has said no  Reliable hearsay is OK  Know rules about confidential & anonymous informants...

Confidential Informants

Confidential information can be enough for PC if you can establish (1) the informant’s credibility and/or the reliability of the information AND (2) the informant’s basis for the information

Confidential information can be enough for PC if you can establish (1) the informant’s credibility and/or the reliability of the information AND (2) the informant’s basis for the information 

Establishing credibility/reliability of information: “I’ve used this informant 3 times & got convictions each time” “I corroborated the info. in the following ways” “The informant admitted involvement in the crime”

Confidential information can be enough for PC if you can establish (1) the informant’s credibility and/or the reliability of the information AND (2) the informant’s basis for the information 

Establishing the basis for the information: Find out how the informant got the information : it must be more than rumor Examples: Informant saw drugs; informant overheard discussion about robbery

Anonymous Informants  Rule: Anonymous information alone is not enough to establish PC  Can help to establish PC if corroborated with reliable information

2. Draw Out & State Facts that Establish Probable Cause  Think: who, what, where, when, why  If CI, establish reliability of informant/information & basis for knowledge

 Don’t accept conclusions  No set rules for PC statement  Anticipatory warrants

3. Write a Description of the Property/Person Sought  Property/person must be identifiable  Want to prevent mistaken seizure of legal goods

 Be descriptive!  The more common the property, the more detail needed

 For illegal contraband, you need not be as detailed “Heroine” is O.K. Amount not needed for drugs

 For people,  Give name & description;  If name unknown, give description

 Search of crime scene Sample description: fingerprints, blood, fired & unfired bullets & casings, footwear impressions, trace hair & clothing fibers & any & all evidence that may relate to the suspected murder

4. Describe What is to Be Searched  Must describe what is to be searched  Want to avoid searching the wrong place/person

 If it’s a premise (1) state possessor (2) give street # & description; (3) if an apartment, give apt. #; (4) if it’s a rural address, give directions; (5) separate warrant for separate premises

 If it’s a person, include name & description

 If it’s a vehicle, include model, make, year, color, license tag, etc.

 If it’s other items, such as luggage, give description

 Final rules:  Only complete a warrant for a place in your county  Don’t stop at “premises” if there’s PC to search elsewhere  If outbuildings are to be searched, list them

5. Search Warrant Procedure  Examine application  Put the applicant under oath/affirmation & examine about the facts

 If there are additional facts (1) add them to the application, (2) tape-record testimony & file the recording w/warrant & application, or (3) reduce testimony to writing on a separate paper & file it w/warrant & application

 If information won’t fit on the form, attach separate papers  Attach affidavits to the application

 Determine whether there is PC  Check description of what is to be searched  Check description of property/person to be searched for  Get signatures  Complete the search warrant portion on other side  Put time and date

 Original & 1 copy to the officer; file copy with clerk  Must execute w/in 48 hours  Officer leaves a copy at the premises; returns copy to clerk