____ are needed before entering a home to make an arrest.
Arrest warrants
under what circumstances can an officer enter a suspects home to make a arrest?
1. arrest warrant
2. reason to believe the suspect is w/in the premise
Can officers conduct a warrant less search in public spaces? (Watson)
1. yes if they have PC
Case where the officer has PC to enter the home, but no warrant to arrest, and arrested suspects whom they had probable cause to believe were engaged in criminal offenses.
Payton v. N.Y.
Probable Cause determination must be made within __ hours.
48
PC must be proven by ___ ____ either before or promptly after an arrest
judicial officer
purpose of arrest warrant
to protect people from unreasonable searches of their body
Arrest warrant is issued by a ___ upon showing __ __ to believe that the subject of the warrant has committed an offense and the warrant primarily serves to protect a person from unreasonable seizure.
magistrate; showing PC exists
With this warrant, police can only search for people not object
arrest warant
in contrast, is issued upon showing probable cause to believe that the legitimate object of a search is located in a particular place, and therefore safeguards an individual’s interest in the privacy of his home and possessions against unjustified intrusion of the police
search warrant
Purpose it to protect the sanctity of your home/ protecting the objects and personal space of your home
search warrant
Search warrant requires detached and natural magistrate
True
In order for there to be a valid warrant
1. Warrant needs to state the place, person, and item to be searched or seized
2. Warrants needs to be issued by a neutral or detached judicial officer
Are Opened search warrants are permissible?
No, they are impermissible
Case where police had a town justice approve a search warrant for only 2 pornography videos but when the police arrived at the shop, they
searched and seized all items that were "similar"
Lo-JI Sales v. N.Y #OpenEndedSearchWarrant #PornWarrant
The Fourth Amendment contains an implicit rule that law enforcement officers knock and announce their presence before entering a premises
K&A
Case where:
- Officer appeared himself to be a maintenance man
- Forced enter after defendant closed the door
- Claimed to hear scuffling and potential evidence being destroyed.
Richards v. Wisconsin #KnockKnockHoe
Should there be a case by case approach when determining to use the K&A rule?
yes, Richards v. Wisconsin holding
The K&A rule requires a case-by-case analysis, and officers may enter when they
when they have reason to believe evidence will be destroyed.
If a magistrate has evidence or reasons to believe that evidence could be destroyed, then a K&A provision does not have to be entered into warrant.
true
- Richards v. WI
under these specific facts of Richards, not abiding by the K&A rule is okay b/c the police announcing themselves
would’ve allowed the defendant to escape or get rid of evidence
