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Flashcards in State Search Warrant Deck (24)
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1

Definition: A sworn statement verified by oath or affirmation.

Affidavit

2

Definition: Items or property that are illegal to possess or transport.

Contraband

3

Definition: The results of a criminal act. It is the material objects acquired in consequence of commission of a crime.

Fruits of Crime

4

Definition: Anything commonly used for criminal purposes and possessed by a person under circumstances not manifestly appropriate for lawful uses it may have.

Instruments of Crime

5

Definition: Written order of a court commanding the search of a person, place, or thing and the seizure, or photographing or copying, of property found thereon or therein.

Search Warrant

6

A search warrant may be issued by a court upon the showing of _______ _______ and upon meeting certain other conditions.

Probably Cause

7

Obtaining a search warrant requires a sworn member or prosecuting attorney to submit to a court a written ______ including an ________.

Application / Affidavit

8

The warrant request must include what three (3) things?

1. The address and a physical description of the premises
2. Items to be searched for
3. The Probable Cause for the warrant

9

Warrant applications and affidavits prepared by a sworn member must be reviewed by a _________ _______ prior to submission to a court.

Prosecuting Attorney

10

When a sworn member believes probable cause exists for the application of a search warrant, consent must be obtained from an element ________/_________ before contacting the applicable investigating element.

Supervisor/Commander

11

The Sworn Member-in-Charge of executing the search warrant will ensure the ________ and _________ of the place to be searched reflected on the warrant matches the current location.

Address / Description

12

The Sworn Member-in-Charge of executing the search warrant will ensure that the warrant is signed by a ________.

Judge

13

The Sworn Member-in-Charge of executing the search warrant will determine the _________ of _________ required to effectively execute the warrant.

Number of Personnel

14

The Sworn Member-in-Charge of executing the search warrant will identify _______ _______ where the public could be exposed to danger.

Problem Areas

15

A search warrant must be executed as soon as ________, and shall expire if it is not executed and the return made within _______ days.

Practical / Ten (10)

16

Searches for, and seizures of property will be conducted in a manner which is in compliance with all __________ and _________ legal requirements to ensure the admissibility of evidence in a court of law.

Federal and State

17

The U.S. Supreme Court rules that search warrant and arrest warrant entries must be preceded by a _______ and an _________.

Knock and Announcement

18

There are no ___________ ___________ to the knock and announce rule.

Blanket Exceptions

19

True/False: Sworn members may generally ask questions of a detained person during an execution of a search warrant without the need for reasonable suspicion.

True

20

A _______ may authorize a "No-Knock: entry warrant.

Judge

21

When a warrant application establishes that some __________ _________ exists or that knocking would be futile, a judge may authorize a "no-knock" entry at the time the warrant is issued.

Exigent Circumstances

22

After entry has been gained, entry personnel will conduct a ________ _________ to ensure that all persons present are brought under control.

Protective Sweep

23

When executing a search warrant, be aware of the ________ ________, which is a rule that any evidence secured by illegal means and in bad faith cannot be introduced in a criminal trial and a technical error in a search warrant made in good faith will not cause exclusion of the evidence obtained under that warrant.

Exclusionary Rule

24

The Return/Receipt for Search Warrant, Form 264 P.D. of seized property shall be delivered to the prosecutor's office in the county where the property was seized within _____ working days.

Two (2)