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:
Choice 1 Illegal, because Officer Jones did not have his partner with him to document the seizure.
Choice 2 Illegal because Officer Jones conducted a warrantless search.
Choice 3 Legal, because Drew might have been able to hide the gun and drugs had Officer Jones waited to get a warrant.
Choice 4 Legal, because Drew is a convicted felon and police may search the home of a convicted felon without a warrant.

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.

Choice 1 TRUE, because the evidence was discovered during a search executed pursuant to a warrant issued by a judge or magistrate.
Choice 2 TRUE, because the evidence was discovered during a search executed pursuant to a warrant supported by probable cause.
Choice 3 FALSE, because the evidence was discovered during a search executed pursuant to a warrant issued by a judge who was not a neutral party.
Choice 4 FALSE, because the evidence was discovered during a search conducted by an officer who was not a neutral party.
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?
Choice 1 Yes, because being a Deputy is a government appointment, and being duly sworn as such McKintosh may issue search warrants.
Choice 2 Yes, because the form of the warrant is identical to those issued by Judge Nater.
Choice 3 No, because Deputy McKintosh could not provide himself with live, sworn testimony.
Choice 4 No, because the Deputy is not a neutral judge or magistrate.
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.

Choice 1 TRUE, because he has received authority to search the premises from a neutral judge following a showing of reasonable cause.
Choice 2 FALSE, because the voicemail cannot serve as a search warrant.
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?
Choice 1 Dispute that the warrant was supported by probable cause.
Choice 2 Argue that by not issuing a warrant for an extended period of time Judge Miller lost the ability to be a neutral party.
Choice 3 Argue that by getting paid only for warrants which he actually issues Judge Miller lost his status as a neutral party.
Choice 4 Argue that the gun was not within the curtilage of his home and therefore falls under the Fruits of the Poisonous Tree doctrine.

© 2003 - 2018 National Paralegal College