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?
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