Laws on Search Warrants and Warrantless Searches (MCOLES Objectives), Top Questions & Answers.

Laws on Search Warrants and Warrantless Searches (MCOLES Objectives), Top Questions & Answers. Affidavits: probable cause (MCL 780.653) - The judge or district court magistrate's finding of reasonable or probable cause is based ONLY on the facts related *within the affidavit* (the *"four corners of the document"*) Affidavits: named and unnamed informants (MCL 780.653) - If an informant is *named*, an affidavit may be based upon information they supplied if they spoke with *personal knowledge*. If an informant is *unnamed*, an affidavit may be based upon information they supplied if they spoke with personal knowledge *and the informant is credible or the information is reliable*. Search warrant rule (*Katz v United States*) - Unless a search falls under one of the exceptions to a search warrant, *a search warrant is required* Two reasons warrants are preferred (*Coolidge v New Hampshire*) - 1. To protect citizens from overzealous police officers 2. To ensure that probable cause is decided by a *neutral and detached* magistrate Presumption of validity to the search warrant procedure - *Searches with a warrant are presumed legal*, while *searches without a warrant are presumed illegal* Penalties for exceeding one's authority in procuring a search warrant (MCL 708.657-658) - 1-year misdemeanor The necessity for a search warrant when entering a third party's house to serve an arrest warrant - A search warrant must be issued to search for and seize a person with an arrest warrant or bench warrant *if that person is in a third party's residence* *Note:* an arrest warrant alone is sufficient to arrest a person in their own residence (see Steagald v United States and Payton v New York) The methodology used in taking an oath (MCL 600.1432) - An affiant must raise their right hand and swear or affirm that the content of the affidavit is true, even over the phone Those items for which a search warrant can issue (MCL 780.652) - Property that is: - Stolen or embezzled - Designed and intended for use (or has been used) to commit a crime - Possessed, controlled, or used illegally - Evidence of a crime - Contraband - The body of a person or animal that may be the victim of a crime - The object of a search warrant Or a person with: - An arrest warrant or bench warrant issued in a criminal case The specificity necessary in a search warrant (MCL 780.654) - Items to be searched for must be described *as specifically as possible* (e.g. "cocaine" vs. "controlled substances") The concept of "staleness" in search warrant affidavits - Whether or not there is probable cause to believe that the item(s) being sought are *still on the premises* The court's terminology "common sense reading" - Probable cause must be established by a *non-technical common-sense reading* of an affidavit The authority to control people in the area when executing a search warrant (*Michigan v Summers*) - A warrant founded on probable cause *implicitly* carries with it *limited authority to detain* the occupants of the premises *while a search is conducted* The tabulation and other procedures necessary when executing a search warrant (MCL 780.655) - 1. Property seized must be tabulated *in the presence of at least one other person*; a copy of the warrant and tabulation must be left with the person (or at the location) the property was seized from 2. The officer must file the tabulation promptly with the court or magistrate 3. Stolen or embezzled property should be returned as soon as possible to the lawful owner; other property will be disposed