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Question 1
Officer Techie e-mails Judge Conservative and requests a search warrant for a storage locker which he believes contains stolen salmon. He also sends an attachment with the e-mail which contains digital pictures of masked men unloading the salmon into the locker. The picture is time-stamped by the camera which records the time as 2:37 a.m. The following day Officer Techie appears before Judge Conservative and makes a sworn statement attesting to the accuracy of the digital photos. How should Judge Conservative respond to the request for a warrant?
Correct There is enough evidence here to establish probable cause, and the requirement that probable cause be established by live, sworn testimony or by affidavit is satisfied by Officer Techie's sworn statement to the court. Although (C) is correct in that the e-mail does not constitute a sworn affidavit, it is the in-court testimony of Officer Techie which is most important here. Even without the pictures, Techie could provide sworn testimony that he witnessed the events photographed, and that would be sufficient to issue the warrant.
Incorrect! There is enough evidence here to establish probable cause, and the requirement that probable cause be established by live, sworn testimony or by affidavit is satisfied by Officer Techie's sworn statement to the court. Although (C) is correct in that the e-mail does not constitute a sworn affidavit, it is the in-court testimony of Officer Techie which is most important here. Even without the pictures, Techie could provide sworn testimony that he witnessed the events photographed, and that would be sufficient to issue the warrant.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
Officer Cartman hates hippies. He goes to Judge Mills and asks for a search warrant to look for drugs in "that dirty hippy Chris' house." He provides sworn testimony that "I know there are drugs there 'cause all hippies do drugs." Should Judge Mills issue the warrant?
Correct
Incorrect!
Correct
Incorrect!
Correct There must be a finding of probable cause in order for a judge or magistrate to issue a warrant, and the level of evidence required is greater than mere suspicion. Because Officer Cartman has no evidence beyond his suspicion, he cannot establish probable cause and the warrant should not be issued. (B) is correct in that an affidavit is not necessarily required, but the live, sworn testimony here does not rise to the level of establishing probable cause.
Incorrect! There must be a finding of probable cause in order for a judge or magistrate to issue a warrant, and the level of evidence required is greater than mere suspicion. Because Officer Cartman has no evidence beyond his suspicion, he cannot establish probable cause and the warrant should not be issued. (B) is correct in that an affidavit is not necessarily required, but the live, sworn testimony here does not rise to the level of establishing probable cause.
Correct
Incorrect!
Question 3
Officer Cartman hates hippies. He goes to Judge Mills and asks for a search warrant to look for drugs in "that dirty hippy Chris' house." He provides sworn testimony that "I know there are drugs there 'cause all hippies do drugs." Officer Cartman returns to Judge Mills the next day with photographs of Chris disposing of D-Z Wider cigarette rolling paper packaging in the garbage. The paper is commonly used to make marijuana cigarettes. Since the garbage was left open to the public, Officer Cartman also picked through the garbage and seized the D-Z Wider package and brought it along with the photographs as additional evidence. This time, given the new evidence, Judge Mills issues the warrant. Before serving the warrant, Cartman celebrates with punch and pie. Was the celebration premature?
Correct The evidence here would not lead a reasonable person to conclude that contraband is present, as the D-Z Widers have a legitimate, legal use and are not themselves contraband. Cartman's celebration was premature, as he should have known that the warrant was inadequately supported by probable cause.
Incorrect! The evidence here would not lead a reasonable person to conclude that contraband is present, as the D-Z Widers have a legitimate, legal use and are not themselves contraband. Cartman's celebration was premature, as he should have known that the warrant was inadequately supported by probable cause.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
Officer Cartman hates hippies. He goes to Judge Mills and asks for a search warrant to look for drugs in "that dirty hippy Chris' house." He provides sworn testimony that "I know there are drugs there 'cause all hippies do drugs." Officer Cartman returns to Judge Mills the next day with photographs of Chris disposing of D-Z Wider cigarette rolling paper packaging in the garbage. The paper is commonly used to make marijuana cigarettes. Since the garbage was left open to the public, Officer Cartman also picked through the garbage and seized the D-Z Wider package and brought it along with the photographs as additional evidence. This time, given the new evidence, Judge Mills issues the warrant. Before serving the warrant, Cartman celebrates with punch and pie.Judge Mills is losing her patience with Officer Cartman. The warrant she issued for Chris' house resulted in an arrest, but the case was thrown out of court by another judge because the search was unreasonable due to the invalid warrant and the Exclusionary Rule precluded using the drugs found in the house as evidence against Chris. This time, Officer Cartman comes to Judge Mills with the following evidence: A receipt for a gun purchased by Joe last year which matches the type of gun used in the shooting. A local convenience store camera tape showing Joe was just two blocks away from the scene five minutes prior to the shooting. An affidavit from Joe's mother indicating that he had an argument with the victim earlier that day. A receipt from L-Mart showing that Joe purchased bullets identical to those used in the shooting just 2 hours before the incident. Cartman wants a warrant to search Joe's house for the gun. Should Judge Mills issue the warrant this time?
Correct
Incorrect!
Correct Officer Cartman has provided enough evidence to establish probable cause. A reasonable person would conclude that the location contains evidence of a crime or instrumentalities of the crime (the gun and extra bullets). (D) is wrong because an item need not be illegal per se (contraband) in order to be the subject of a warrant. A legally purchased and licensed handgun could be evidence of a crime or the instrumentality of a crime, and a search warrant may be issued to locate such items.
Incorrect! Officer Cartman has provided enough evidence to establish probable cause. A reasonable person would conclude that the location contains evidence of a crime or instrumentalities of the crime (the gun and extra bullets). (D) is wrong because an item need not be illegal per se (contraband) in order to be the subject of a warrant. A legally purchased and licensed handgun could be evidence of a crime or the instrumentality of a crime, and a search warrant may be issued to locate such items.