4th amendment (day 3)

Question 1

who may assist in executing a search warrant?

Answer 1

• other LEO personnel

Question 2

who may request a search warrant?

Answer 2

• any federal agent

Question 3

what hours may you execute a search warrant?

Answer 3

• day: 6am - 10pm

- night: 10pm - 6am

Question 4

expiration date of a search warrant?

Answer 4

• 14 days or less

Question 5

scope of a search warrant:

Answer 5

• you can only search where the item will fit inside.

Question 6

what is a premises search warrant?

Answer 6

• when you have an “address” of the dwelling you wish to search

Question 7

what can you search in a dwelling with a premises search warrant?

Answer 7

• dwelling
• structures attached to dwelling (garage)
• rooms in dwelling
• containers, with exceptions
• vehicles, with exceptions
• structures unattached to dwellings, with exceptions

Question 8

unattached structures:

Answer 8

SEARCH:
if within curtilage

DON’T SEARCH:
if within open fields

Question 9

vehicles on street:

Answer 9

SEARCH:
vehicle on curtilage only if under control of owner or occupant.

DON’T SEARCH:
vehicles on street

Question 10

containers:

Answer 10

SEARCH:
if it belongs to occupant or overnight guest

DON’T SEARCH:
if it belongs to social or commercial visitor

Question 11

are you required to present a warrant upon entry?

Answer 11

NO

Question 12

can you answer a ringing telephone while executing a warrant?

Answer 12

YES

Question 13

can you temporarily seize handguns?

Answer 13

YES

Question 14

does the owner have a right to have an attorney present?

Answer 14

NO

Question 15

can you use force to execute the warrant?

Answer 15

YES

Question 16

can you open locked areas?

Answer 16

YES

Question 17

finals steps after executing a search warrant?

Answer 17

• do the warrant inventory
• leave a copy of warrant inventory and search warrant for occupant
• lock up dwelling/business
• file the warrant return to the judge who issued