Issuing Search Warrants. John Rubin UNC School of Government
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1 Issuing Search Warrants John Rubin UNC School of Government
2 Grounds for Issuance Fair probability that object of search is evidence of crime: Stolen or embezzled items Contraband or other items unlawful to possess Items used to commit or conceal crime Evidence of offense or identity of person participating in offense Search warrant could be for person wanted for arrest Fair probability that object of search is where officer wants to search
3 Basics District court judges may issue search warrants for their own districts only Beware officers territorial jurisdiction Front of form In the matter of??? Name of applicant (and any additional affiants) Can anyone be applicant?
4 Essential Components-1 Property to be seized (second set of lines on left, near top) Description varies with item Marijuana vs. common property such as TV Still must be sufficiently detailed so executing officer knows what to look for Special problem with arrest of person in another person s house Give name and description of person
5 Essential Components-2 Crime (third set of lines on left, near middle of column) Short phrase is sufficient No charges yet so need not be as detailed as in arrest warrant or summons A.A.
6 Essential Components-3 Place (three check boxes on left and one top right) Premises Give street #, apt. #, and if rural area, physical description Include outbuildings If separate premises, separate warrants Person Different from person to be seized Vehicles If known, include them and describe them Other property
7 Essential Components-4 Statement of facts (multiple lines on right) Separate sheets, please! Additional affidavit block For multiple affiants Additional testimony block Can be for information officer does not want known yet Everything you hear must be attached
8 How to Write Good Require that officer act like a Reporter (who, what, when, etc.), or Lawyer (lay a foundation for statements) Bad The chicken crossed the road to buy cocaine Good I saw the chicken cross the road and buy a white substance that appeared to me to be cocaine based on my training and experience
9 Drafting Tips-1 1. Write chronologically 2. Write in first person 3. Use active voice 4. Use separate sheets 5. Use concrete words 6. Avoid abbreviations 7. Use single-fact sentences
10 Drafting Tips-2 8. Give basis of information Personal observations Reliable hearsay 9. Show reliability of person providing information, particularly confidential informants 10.Include corroboration by officer
11 Issuance Officer signs under oath Issuing official signs Three copies Don t revise! Reissue! If not served within 48 hours, officer returns it unexecuted
12 Statements of Probable Cause 1. The currency exchange Insufficient Insufficient detail about information from informants Insufficient information to believe currency at location to be searched Writing in third person muddies information
13 Statements of Probable Cause 3. Cocaine in the house Sufficient Reliability of informant shown Recent information More corroboration by officer would help
14 Statements of Probable Cause 5. The purloined microscopes Insufficient Bare bones information No showing as to basis of informant s knowledge No showing as to reliability of informant No corroboration by officer
15 Statements of Probable Cause 8. Controlled buy Sufficient Details verified by officer More on reliability of informant would help
16 Statements of Probable Cause 9. Citizen report Sufficient Named informant Some corroboration by officer Timely and therefore reasonably inferable that gun and proceeds still at suspect s dwelling
17 I am before you seeking a warrant... My name is Bob Farb, Miami Vice Officer (but today I m on assignment in Wilmington) I need a search warrant NOW! For Charlie Crook s apt. He stole a bunch of stuff from Arnold Heart s house That should be all you need to issue my warrant
18 What Else Do You Want to Know?
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