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Question 1
Officer Jones enters Drew's house without a warrant and searches for drugs. He finds 2 kilos of cocaine and an illegal handgun. He arrests Drew and seizes the gun and drugs. The search and seizure are:
Correct
Incorrect!
Correct Unless the circumstances fall into one of the exceptions noted in Subject 5, a warrant is required for any search or seizure. As the facts here do not indicate the applicability of any such exception, the warrant requirement stands, and was not satisfied, which makes the search unreasonable (illegal).
Incorrect! Unless the circumstances fall into one of the exceptions noted in Subject 5, a warrant is required for any search or seizure. As the facts here do not indicate the applicability of any such exception, the warrant requirement stands, and was not satisfied, which makes the search unreasonable (illegal).
Correct
Incorrect!
Correct
Incorrect!
Question 2
Officer Fier likes his daughter's new boyfriend, Snake. Fier's brother, Judge Vance, knows Snake to be a lowlife, and is not happy to see Snake dating his niece. On numerous occasions he has told Fier and Fier's cop buddies of his opinion about Snake. One of Fier's cop buddies, Officer Oliver, requests a search warrant from Judge Vance for Snake's apartment, supporting his request with affidavits from several witnesses. Eager to get Snake out of his niece's life, and happy to have a legal means to do so, Judge Vance issues the warrant. Evaluate the following statement: Evidence discovered during the search will be admissible at trial.
Correct
Incorrect!
Correct
Incorrect!
Correct A warrant must be issued by a neutral judge or magistrate. Because Judge Vance was not neutral, i.e., he affirmatively sought a way to rid himself and his niece of Snake, he was not an appropriate party to sign the warrant. Furthermore, because Officer Fier's comrades were aware of Judge Vance's bias, they should have known that the warrant was invalid and likely do not fall within the good faith exception to the Exclusionary Rule.
Incorrect! A warrant must be issued by a neutral judge or magistrate. Because Judge Vance was not neutral, i.e., he affirmatively sought a way to rid himself and his niece of Snake, he was not an appropriate party to sign the warrant. Furthermore, because Officer Fier's comrades were aware of Judge Vance's bias, they should have known that the warrant was invalid and likely do not fall within the good faith exception to the Exclusionary Rule.
Correct
Incorrect!
Question 3
Deputy McKintosh is great at making things on his computer. He is also a duly appointed and sworn Deputy of Opelika County, Michigan. In order to save time, and catch more bad guys, he scans into his computer a copy of a valid warrant signed and issued by Judge O. D. Nater some months ago. He then uses his computer skills to change the date and location to be searched on the warrant and prints the new warrant which he signs with his own name. A search of the location named in McKintosh's warrant reveals a cache of illegal guns. Is the warrant valid?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Although many government positions are held by appointment, a search warrant may only be issued by a judge or a magistrate empowered to do so by their appointment. In addition, a law enforcement officer is not 'neutral' when is comes to issuing search warrants.
Incorrect! Although many government positions are held by appointment, a search warrant may only be issued by a judge or a magistrate empowered to do so by their appointment. In addition, a law enforcement officer is not 'neutral' when is comes to issuing search warrants.
Question 4
Detective W. Smith is a modern police officer who loves his technology. Judge Hank M. Hye is a no-nonsense Judge who doesn't like to waste time. Late on night while on a stake-out, Smith notices two men wearing ski masks and carrying empty bags enter a store, then leave a few minutes later with full bags. He follows them to a nearby house where he watches through a window as they divide their stolen goods. He calls Judge Hye and requests a warrant, asking the Judge to call him back on his cellular phone and leave the permission to search on his voicemail so that they have a record. The sleepy Judge Hye agrees and calls back and leaves the message. Evaluate the following statement: If Detective Smith searches the house without consent he can rely on the message from the Judge to validate the search.
Correct
Incorrect!
Correct Because a search warrant is a written order issued by a properly authorized judge or magistrate and no such writing exists here, the voicemail is inadequate. It is important to know that digital transmissions such as e-mails are increasingly found to satisfy the definition of a 'writing' in other areas of law, and an audio recording satisfies the definition of a 'writing' for copyright purposes, but voicemail certainly falls short of what is required for a search warrant.
Incorrect! Because a search warrant is a written order issued by a properly authorized judge or magistrate and no such writing exists here, the voicemail is inadequate. It is important to know that digital transmissions such as e-mails are increasingly found to satisfy the definition of a 'writing' in other areas of law, and an audio recording satisfies the definition of a 'writing' for copyright purposes, but voicemail certainly falls short of what is required for a search warrant.
Question 5
Pwason County, Idaho doesn't have much crime. Last year in an effort to cut costs the county legislature voted not to renew Judge Arnie Miller's contract. Instead, they told Judge Miller that they would gladly pay him an hourly fee for each case he heard and a flat fee of $50 for each search warrant he issues. Over the next few years Judge Miller starts enjoying his new, laid-back lifestyle. He is making enough money hearing cases to pay his bills, and has not yet issued any warrants. Although officers have come to him on a number of occasions requesting search warrants, they were never able to establish probable cause. Unfortunately for the Judge, he doesn't get paid unless he actually issues a warrant, but this has never influenced his decision. After 4 years, he finally issues a warrant for police to search Hank O'Hogan's house to look for illegal weapons. What is the strongest defense Mr. O'Hogan can raise against the use of evidence discovered in his bedroom?
Correct
Incorrect!
Correct
Incorrect!
Correct A judge or magistrate whose pay is based on the number of warrants issued is not a 'neutral' party and any warrants issued will be invalid. Although (a) if true would also be a viable defense, the facts do not indicate a lack of probable cause here, and even if they did (c) is a stronger defense. Note that the same issue is not raised if a judge or magistrate is paid by the number of warrant hearings they conduct, so long as pay is not dependant on how many warrants they actually issue as a result of the hearings.
Incorrect! A judge or magistrate whose pay is based on the number of warrants issued is not a 'neutral' party and any warrants issued will be invalid. Although (a) if true would also be a viable defense, the facts do not indicate a lack of probable cause here, and even if they did (c) is a stronger defense. Note that the same issue is not raised if a judge or magistrate is paid by the number of warrant hearings they conduct, so long as pay is not dependant on how many warrants they actually issue as a result of the hearings.