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Issuing Search & Administrative Inspection

Warrants

Where do the search & seizure rules come from??

4th Amendment to U.S. Constitution: no “unreasonable” searches & seizures; warrants must be supported by probable cause, on oath/affirmation, & specifically describe what is to be searched & persons or things to be seized

N.C. Constitution: no “general warrants”

What Happens When The Law Isn’t Followed?

What Happens When The Law Isn’t Followed

1)Evidence seized may not be admissible at trial

2)The officer may be subject to civil & criminal penalties & disciplinary action

3)Constitutional rights are violated

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Determining Probable Cause

Describing the Property/Person Sought

Describing What is to Be Searched

Obscenity

Administrative Inspection Warrants


Hearsay – Can you consider it?


Hearsay – Can you consider it?

What is hearsay?


Hearsay in a nutshell: Out of court statement offered for the truth of the matter asserted

Ex: Officer says, V told me “Jessie did it.”


Rule regarding hearsay at PC determination for search warrant:

Reliable hearsay is OK


When officer A appears before you & states information in an affidavit that was obtained from officer B, does A have to establish B’s reliability?


When officer A appears before you & states information in an affidavit that was obtained from officer B, does A have to establish B’s reliability? No. An officer is automatically considered reliable.


When an officer appears before you & states information that was obtained from a named victim or witness, must the officer provide facts supporting that person’s reliability?


When an officer appears before you & states information that was obtained from a named victim or witness, must the officer provide facts supporting that person’s reliability? Generally no, unless the person has a motive to lie or there is reason to question credibility.

Confidential Informants

If all the officer has is info. from a CI, can that establish probable cause?

Confidential information can be enough for probable cause. Try to establish:

(1) The informant’s credibility and/or the reliability of the information AND

(2) The informant’s basis for the information




Officer says a CI, who is a convicted felon & cocaine user, told the Officer today that last night the CI went to D’s house at 102 Main St. to buy a gun. After buying a gun for $100, the CI saw a large quantity of cocaine in D’s bedroom, along with scales, empty vials & rolls of U.S. currency. Upon questioning, you learn that the Officer has no history with the CI but did confirm D lives at 102 Main Street. Also, Officer staked out the house today and saw foot traffic to the door & behavior consistent with drug sales. Probable cause for search warrant?

To establish informant’s credibility and/or reliability of information look at whether:

1) Officer indicates he/she has successfully used the informant before

2) Officer corroborated the information

3) Informant admitted involvement in a crime

4) Informant’s report is detailed & based on personal knowledge

Establishing informant’s credibility/reliability of information:

Officer indicates he/she has successfully used the informant before

Officer corroborated the information

Informant admitted involvement in a crime

The informant’s report is detailed & based on personal knowledge

YesYes

Yes

No

Officer says a CI, who is a convicted felon & cocaine user, told the Officer today that last night the CI when to D’s house at 102 Main St. to buy a gun. After buying a gun for $100, the CI saw a large quantity of cocaine in D’s bedroom, along with scales, empty vials & rolls of U.S. currency. Upon questioning, you learn that the Officer has no history with the CI but did confirm D lives at 102 Main Street. Also, Officer staked out the house today and saw foot traffic to the door & behavior consistent with drug sales. Probable cause for search warrant? Looks good.




Officer says: CI told me that D is selling drugs from his house at 102 Main St. CI said that 10-20 people arrive each day and purchase marijuana in small plastic bags. CI says that D keeps approximately 5 lbs. of marijuana in his bedroom, along with baggies & a scale.

Establishing the informant’s basis for the information:

Find out how the informant got the information

: it must be more than rumor

Examples: Informant saw drugs; informant overheard discussion about robbery

Officer says: CI told me that D is selling drugs from his house at 102 Main St. CI said that 10-20 people arrive each day and purchase marijuana in small plastic bags. CI says that D keeps approximately 5 lbs. of marijuana in his bedroom, along with baggies and a scale. No basis for information!

Anonymous Informants

Officer says: an anonymous tipster told me that D is selling drugs from her house. The tipster said that she was at D’s house this morning when 4 people came by & purchased baggies of marijuana from D for $10 each. The tipster said she has used marijuana & knows what it looks like. Probable cause for warrant?


Rule: Anonymous information alone is not enough to establish PC

It can help to establish PC, if corroborated with reliable information


Officer comes to you & says: an anonymous tipster told me that D is selling drugs from her house. The tipster said that she was at D’s house this morning when 4 people came by & purchased baggies of marijuana from D for $10 each. The tipster said she has used marijuana & knows what it looks like. Probable cause for warrant? No.

Anticipatory Warrants

Sometimes officers don’t have enough information to establish probable cause to search until a particular event occurs . . .


Officer says that Fed Ex told him that they have a package addressed to D at 102 Main Street containing cocaine. Officers want a warrant to search the premises if D accepts delivery from an undercover officer. Is that permissible?


Officer says that Fed Ex told him that they have a package addressed to D at 102 Main Street containing cocaine. Officers want a warrant to search the premises if D accepts delivery from an undercover officer. Is that permissible? Yes, but . . .


Requirements:

3) Must set out explicit, clear & narrowly drawn triggering events that must occur before the warrant is executed

4) Triggering events must be ascertainable & preordained—that is, the property is on a sure & irreversible course to its destination

5) A search may not occur unless & until the property does in fact arrive at the destination


Good example: I request a search warrant for the premises described above issued with its execution contingent on the following events having occurred: On 4/30/2004, an officer with the Smithville Police Dept. will pose as a FedEx employee & will deliver the package described above to the premises described above. The package—which is addressed to the premises described above—will contain a powdery substance containing a small amount of cocaine, most of the cocaine having been removed when the package was intercepted as described above. After the package has been delivered to the above-described premises & is taken inside, this search warrant will be executed.


Describing drugs

Officer wants warrant to search for “controlled substances.” OK?


Better to name drug, such as “Heroin”

You don’t need to include an amount for drugs

What if officers want to search a murder crime scene but aren’t sure what they are looking for?


Sample description: fingerprints, blood, fired & unfired bullets & casings, footwear impressions, trace hair & clothing fibers & any & all evidence that may relate to the suspected murder


Officers are investigating a business as part of a large white collar crime fraud scheme. They want copies of “checkbooks, deposit slips, and cancelled checks.” Is that description detailed enough for the warrant?


Probably. When investigating complex white collar crimes, officers need not describe each individual paper sought. They should describe any specific documents they know about and then list the types of items for which they are looking, e.g., checkbooks, deposit slips, cancelled checks.




Premises


Premises

Search warrant describes place to be searched as:

“Jessie Smith’s house, 104 Smith Lane, Apex, NC.”

OK?


Premises



OK? Yes




How could it be improved?




How could it be improved? Include description in case address is wrong


Search warrant describes places to be searched as:

“Home of Jessie Smith, 104 Smith Lane, Apex, NC, a two-story brick house with purple front door and Jessie Smith’s place of business, Smith’s Feed & Supply, 210 Business Road, Apex, NC, a one-story stand alone brick building marked by a sign stating Smith’s Feed & Supply”

OK?



“Home of Jessie Smith, 104 Smith Lane, Apex, NC, a two-story brick house with purple front door and Jessie Smith’s place of business, Smith’s Feed & Supply, 210 Business Road, Apex, NC, a one-story stand alone brick building marked by a sign stating Smith’s Feed & Supply.”

OK? Yes.



“Home of Jessie Smith, 104 Smith Lane, Apex, NC, a two-story brick house with purple front door and Jessie Smith’s place of business, Smith’s Feed & Supply, 210 Business Road, Apex, NC, a one-story stand alone brick building marked by a sign stating Smith’s Feed & Supply.” Could it be better?



“Home of Jessie Smith, 104 Smith Lane, Apex, NC, a two-story brick house with purple front door and Jessie Smith’s place of business, Smith’s Feed & Supply, 210 Business Road, Apex, NC, a one-story stand alone brick building marked by a sign stating Smith’s Feed & Supply.” Could it be better? Yes, use separate warrants.


Officers have probable cause to search D’s residence. D rents a room in Mr. Innocent’s home. Officers get a warrant to search the home of Mr. Innocent, 104 Smith Lane, Apex, NC, a two-story brick house with a purple door. Is the warrant good to search D’s room?


No, a warrant for the home of a named owner does not authorize a search of a separate rented room within the home that the renter exclusively uses & occupies.


Vehicles on the premises


Officers get a warrant identifying the place to be searched as D’s home. They are looking for drugs. When they get there, D’s car is parked in D’s driveway. Does the warrant authorize them to search the car?


Officers get a warrant identifying the place to be searched as D’s home. They are looking for drugs. When they get there, D’s car is parked in D’s driveway. Does the warrant authorize them to search the car? Yes


Rule: Warrant to search premises gives officers authority to search vehicles on premises if (1) evidence may reasonably be found there & (2) vehicle is owned or under the control of an occupant of the premises or officers have a reasonable basis for believing the vehicle is so owned or controlled.


Officers get a warrant identifying the place to be searched as D’s home. They are looking for drugs. When they get there, D’s car is parked nearby on a public street. The officers have probable cause to search the car. Does the warrant authorize them to search the car?


No, because the vehicle is not on the premises.


Best practices: Add vehicle to warrant so they don’t have to rely on implicit authority & can search if it’s off the premises


“All vehicles on premises”

Search warrant identifies “all vehicles on premises.” Valid?


“All vehicles on premises”

No, unless there is PC to believe that all vehicles on premises would contain the items sought; best to specifically ID car


Persons


“All Persons Present”

Officer A suspects D of dealing drugs from his house. Officer A comes to you for a warrant to search D’s house and “all persons present.” What is your response?


“All Persons Present”

Generally, this would be invalid unless there is probable cause to believe that anyone in the premises would have evidence on his or her person.

Obscenity

Officer has probable cause that D is engaged in disseminating obscenity. Officer wants a search warrant. Can you give it?

Obscenity

No. A warrant may be issued to search for evidence of obscenity offenses in G.S. 14-190.1, 14-190.4 & 14-190.5 only on the request of a DA or ADA.



The basics:

Many state & local laws authorize public officials or employees to inspect certain places or records

E.g., housing inspectors to ensure compliance with housing code

Usually people let them inspect but sometimes they don’t . . .


NC law authorizes admin. inspection warrants

If inspection authorization exists, the warrant may be issued if:


• The property is naturally part of a program of inspection; the general plan for enforcement of the statute, ordinance, or regulation is based on reasonable standards; & these standards are applied neutrally to a particular business or place OR

• There is PC to believe that a condition, object, activity or circumstance exists that justifies the inspection.





Town’s ordinances authorize housing inspections, housing office has set a schedule for making inspections, schedule is reasonable & applied neutrally to all houses, this house is within the area of inspection this month & the owner has refused to allow inspection.





Housing inspector receives information that rats have been seen in an apartment building.

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