Warrants And Probable Cause

Front 1

Constitutional requirements for warrants

Back 1

Oath or affirmation; neutral or detached magistrate; particularity

Front 2

Timing requirement for “knock and announce”

Back 2

Officers can enter “after a reasonable suspicion [that the] exigency has ripened” (Banks) (10-15 seconds for evidence destruction exigency)

Front 3

Exceptions to timing requirement for “knock and announce”

Back 3

Police must have reasonable suspicion that knocking and announcing would be dangerous; futile; or would inhibit effective investigation of the crime (Ramirez)

Front 4

Can officers detain occupants of a home while conducting a search?

Back 4

Yes; as long as the detention doesn’t extend beyond the scope (both temporal and spatial) of the search

Front 5

Standard of review applied by courts when reviewing probable cause

Back 5

totality of the circumstances; must show that there is a fair probability that contraband or evidence of a crime will be found in a particular place; VERY deferential review (Illinois v. Gates)

Front 6

Standard of review applied by courts when reviewing a warrantless search?

Back 6

De novo (Ornelas)

Front 7

Requirements for forming probable cause on the basis of informant tips

Back 7

Tip must contain verifiable facts that are not easily predicted; anonymous tips will be held rigidly to this standard (no way to establish the “basis of knowledge” factor of Spinelli); non-anonymous tips are more flexible if police can establish the informant’s reliability

Front 8

Are police dog “sniff tests” a reliable basis for probable cause?

Back 8

Yes - if the dog was trained by and certified by a “bona fide” organization (Florida v. Harris)