Fourth Amendment: Warrant

Search warrant: likelihood that search will uncover evidence of wrongdoing

Arrest warrant: likelihood that a crime has been committed by arrested person

Spinelli test: warrant application must have both

(1) basis of knowledge: show underlying circumstances of how information was obtained

(2) veracity: show that the information was obtained by a reliable and credible source Gates

Test: totality of circumstance approach given the fluidity of probable cause

Sliding scale: Basis of knowledge, and veracity closely related (deficiency in one can be compensated by a strong showing of other)

Non-conclusory: Cannot have bare conclusions if veracity or basis of knowledge

Veracity factors: Informant has been reliable source previously Corroboration from police of future actions not easily predictable

Basis of knowledge factors: Level of detail account and first hand observation (extreme detail will not be undermined by unreliable witness)

Anonymous letter: Probable cause for anonymous letter describing future events that were corroborated by police work (Illinois v. Gates)

Automobile passengers: there is probable cause when a reasonable officer concludes that passenger had knowledge and exercised control over contraband

Maryland v. Pringle: probable cause, reasonable to infer common enterprise given 5 plastic baggies of drugs and $763

Traffic violation stop: it is reasonable to stop a vehicle as long as there is probable cause to believe that a traffic violation occurred, and officer intent irrelevant (Whren v. US)

Particularity requirement: states specific place to be searched and the items or persons to be seized

Inaccuracies: doesn’t invalidate warrant if information was obtained by officer’s reasonable investigation efforts at time of application

Maryland v. Garrison: warrant valid despite warrant stating one apartment in third floor based on officer reasonable


Groh v. Ramirez: invalid warrant since it only stated the home, and not items to be seized and did not incorporate by reference supporting documents

Home: must knock and announce on door, announce identify, and purpose when executing warrant (no remedy if violated)

Time: length of time to wait after knocking and announcing depends on totality of circumstances from perspective of reasonable officer on scene

US v. Banks: 15 to 20 seconds of waiting after knocking and announcing was reasonable since a drug dealer can flush cocaine in that time

Exceptions: threat of physical violence or police have reason to believe evidence will likely be destroyed if advance notice is given

Richards v. Wisconsin: no blanket exception rule to the knock-and-announce rule for felony drug investigations