CJA/315 Criminal Procedure
Search Warrant:
The cause if sufficient to perform a search owing to the three necessary elements of the charges: a) the identification of the suspect; b)identification of the special marks, i.e. tattoo; c) the proof of gun possession that served a tool of crime committing. Accordingly, a search can be performed in the suspect’s apartment as the gun is believed to be there.
The relevant case:
Leon v. the United States.
The evidence is:
Valid, as the “good faith” implied the performing of search on the reasonable grounds and in accordance with the warrant’s content, i.e. search of the gun as a crime weapon.
Warrant on wrong address:
Is legal and admissible, as the warrant had legit grounds (i.e. crime act) and had a connection to the correct suspect (i.e. identified the person). Thus, the address can be changed in subsequent documents, while
the document remains legit.
Erroneous door:
This relates to the same “Good Faith” issue as before as the other descriptions match the suspect and the address he lives at. Thus, the warrant remains legit.
Maryland v. Garrison:
Both of the above. The Court ruled that the 3rd floor was legit to be searched and inspected for drugs that eventually were found. The grounds for searching Mr. Garrison were reasonable, so he could not possibly rely
on the violation of the Fourth Amendment.
The Search / Simulation:
1. Both did everything by the book.
2. They should have secured the scene so no one could leave (the wife might have disposed of the evidence).
3. Both of the above. The search should have been performed under the bed and between the matrasses and the drugs were not mentioned on the warrant so they are not evidence.
4. They should not have looked into a small box as it naturally could not contain the gun.
5. None of the above. The money could be taken on condition is the warrant contained the phrase on “evidence consistent with the committed crime.” Thus, the wallets are not related to the evidence they were searching for.
Instruction from the professor on exceptions:
1. The exception is when you do not need the warrant to perform the search.
2. General exception circumstances.
3.
a. Stop and Fisk – Terry v. Ohio
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