Laws Of Search And Seizure

Front 1

Search and or arrest warrant required

Back 1

A search and seizure must be performed under the authority of a search and or arrest warrant unless one of the limited warranty exceptions applies to the situation. Presumption of validity with a warrant presumption of in invalidity without a warrant

Front 2

Exception of privacy

Back 2

A . A person person has a reasonable expectation of privacy that is protected by the Fourth Amendment when 1 a person has exhibited an actual subjective expression of privacy and 2 Society is prepared to recognize that expectation is objectively reasonable

B. Grab bag searches. The Fourth Amendment does not prohibit the warrantless search of and seizure of grab-bag left for collection beyond the Curtiss of home. C. Homes, Open Fields, abandoned property and curtilage

C. Homes, Open Fields, abandoned property and curtilage

Front 3

Warrants

Back 3

A. Requirements 1 probable cause. 2. Must be issued by a neutral and detached Magistrate - can't take two one judge and it get denied and then take to another one 3. Particular description of place to be searched. Requires particular ality so that the officer with the warrant can, reasonable effort, ascertain and identify the place and tended 4. Reticular description of the item to be seized - purpose is to prevent General searches, to prevent the seizure of objects on the mistaken assumption that they fall within the magistrates authorization and to prevent the insolence of warrants on loose,vague or doubtful basis of facts 5. Third party possession. If the property is in possession of a third party who is not suspected of illegal conduct, need finding by judge that evidence cannot be obtained by subpoena or that it would be concealed, destroyed, damaged, or the protect the interests of the person in possession of the evidence 77 - 23 - 203

Front 4

Execution of Warrant

Back 4

1.Time of execution - warrant Shelby third within 10 days from date of issuance - time of day. Must be served in daytime unless affidavits or oral testimony State a reasonable cause to believe search is necessary in the night to seize the property prior to it being concealed, destroyed, damaged, altered, or for other good reasons, in which case he may insert a direction that is the served anytime of the day or night

2. Gaining entry - notice or no knock. Must give notice unless no not authorized by Magistrate. Reasonable Force may be used to enter after notice if not response or not an it it was reasonable promptness or no not if judge directs if the warrant based upon proof that the object of the search may be quickly destroyed disposed of, or secreted or the physical harm a result to any person if notice were given. 3. Detention and search of persons on premises - there must be particularized probable cause to search persons who are present when search warrant is executed - okay to detain owner of Home who is attempting to leave when officers arrived to execute search warrant. - scope of search. May search where the items described in the war might be concealed 4. Procedure after serving a warrant in Utah - receipt. After seizing property, give us receipt to the person from whom it was seized. If not present, leave receipt in place where he found the property. 77 - 23 - 206 - return. Probably make a verified Return of the warrant and deliver a written inventory of anything seized, stating the place where it was being held. 77 - 23 - 207 - safekeeping. Officer is responsible for safekeeping and maintenance of items seized. 77 - 23 - 208