Search And Seizure

Front 1

search warrant

Back 1

written order, neutral and detached magistrate, ordering search for property, seize it, and return it to magistrate

Front 2

procedure to procure search warrant

Back 2

sworn affidavit is presented to magistrate. magistrate determines whether under the totality of circumstances, prob. cause exists.

Front 3

probable cause must show:

Back 3

specific offense committed;
property sought constitutes evidence of that offense; and
property is at the location to be searched

Front 4

four corners rule

Back 4

issuing court can only rely on info contained in the four corners of the paper.. affidavit

Front 5

search warrant may order arrest of person when..

Back 5

affidavit estalishes probable cause that the person has committed crim

Front 6

CONTENTS OF A WARRANT

Back 6

a. run in the name of "the state of texas"
b. identify thing to be seized and property to be searched
c. command peace officer to conduct search; and
d. dated and signed by magistrate

Front 7

execution of warrant

Back 7

without delay, but in no case longer than three days after issuance

copy of warrant must be given to owner of the place or a copy left if the owner is not present

Front 8

texas has a statutory good faith exception to a defective warrant

Back 8

if the executing officer objectively believes in good faith that the warrant is valid, the evidence is admissible. important note: the good faith exception does not apply unless probable cause exists for the issuance of the warrant.

Front 9

most warrantless searches

Back 9

dont violate the fourth amendment