The Warrant Requirement Self-Quiz
Officer Jones
enters Drew’s house without a warrant and searches for drugs. He
finds 2 kilos of cocaine and an illegal handgun. He arrests Drew and seizes
the gun and drugs. The search and seizure are:
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Officer Fier
likes his daughter’s new boyfriend, Snake. Fier’s brother,
Judge Vance, knows Snake to be a lowlife, and is not happy to see Snake
dating his niece. On numerous occasions he has told Fier and Fier’s
cop buddies of his opinion about Snake. One of Fier’s cop buddies,
Officer Oliver, requests a search warrant from Judge Vance for Snake’s
apartment, supporting his request with affidavits from several witnesses.
Eager to get Snake out of his niece’s life, and happy to have a
legal means to do so, Judge Vance issues the warrant.
Evaluate the following statement: Evidence discovered during the search will be admissible at trial. |
Deputy McKintosh
is great at making things on his computer. He is also a duly appointed
and sworn Deputy of Opelika County, Michigan. In order to save time, and
catch more bad guys, he scans into his computer a copy of a valid warrant
signed and issued by Judge O. D. Nater some months ago. He then uses his
computer skills to change the date and location to be searched on the
warrant and prints the new warrant which he signs with his own name. A
search of the location named in McKintosh’s warrant reveals a cache
of illegal guns. Is the warrant valid?
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Detective
W. Smith is a modern police officer who loves his technology. Judge Hank
M. Hye is a no-nonsense Judge who doesn’t like to waste time. Late
on night while on a stake-out, Smith notices two men wearing ski masks
and carrying empty bags enter a store, then leave a few minutes later
with full bags. He follows them to a nearby house where he watches through
a window as they divide their stolen goods. He calls Judge Hye and requests
a warrant, asking the Judge to call him back on his cellular phone and
leave the permission to search on his voicemail so that they have a record.
The sleepy Judge Hye agrees and calls back and leaves the message.
Evaluate the following statement: If Detective Smith searches the house without consent he can rely on the message from the Judge to validate the search. |
Pwason County,
Idaho doesn’t have much crime. Last year in an effort to cut costs
the county legislature voted not to renew Judge Arnie Miller’s contract.
Instead, they told Judge Miller that they would gladly pay him an hourly
fee for each case he heard and a flat fee of $50 for each search warrant
he issues. Over the next few years Judge Miller starts enjoying his new,
laid-back lifestyle. He is making enough money hearing cases to pay his
bills, and has not yet issued any warrants. Although officers have come
to him on a number of occasions requesting search warrants, they were
never able to establish probable cause. Unfortunately for the Judge, he
doesn’t get paid unless he actually issues a warrant, but this has
never influenced his decision. After 4 years, he finally issues a warrant
for police to search Hank O’Hogan’s house to look for illegal
weapons. What is the strongest defense Mr. O’Hogan can raise against
the use of evidence discovered in his bedroom?
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