PART VII - SEARCHES, SEIZURES AND THE SEARCH WARRANT (suggested time 2 hours)

1. Identify the second major provision of the Fourth Amendment to the U.S. Constitution and the expectation it creates for the seizing of property and persons.

2. Identify the following regarding searches and seizures:

a. The four issues that must be reasonably believed to establish probable cause for a search.

b. The definition of the terms “search” and “seizure.”

c. Who has standing to claim the protection of the Fourth Amendment from unreasonable or unwarranted searches and seizures?

3. Identify the following regarding a search warrant:

a. What a search warrant is?

b. Why it is preferable to have a search warrant when searching a protected area?

c. What an affidavit is and what it must contain?

d. How “stale” information effects the validity of a search warrant?

e. What is a “reasonable area” for a search based on a search warrant?

f. How long is a “reasonable time” for a search based on a search warrant?

g. How long a Missouri search warrant remains in effect?

h. The effect of leaving the location being searched, under both normal and emergency circumstances, on further execution of the warrant.

4. State the following regarding searches incident to execution of a search warrant:

a. the general rule for the searching of persons incident to a search warrant

b. the best procedure to follow when the majority of the activity at the location named in the search warrant is legitimate

c. the best procedure to follow when the majority of the activity at the location named in the search warrant is illegal

5. Identify the following regarding the entry requirement to serve a search warrant:

a. The steps required in a legal “knock and announce.”

b. When a no-knock warrant execution may be justified.

c. The four general types of responses to a knock and announce.

d. What an officer should do after receiving any of the four types of responses?

e. How long an officer must wait for a response to a “knock and announce?”

f. What determines a “reasonable length of time” for a wait?

g. What force may be used to gain entry to serve a search warrant?

6. Identify the following regarding the execution of a search warrant:

a. What must be done with the search warrant after entry, when the premise is occupied, when it is occupied and the occupant is arrested, and when it is unoccupied?

b. The basic procedure for inventorying items seized in a search under the same three circumstances, including documentation requirements under RSMo 542.276.

c. The officer’s responsibility to secure the premise after a search under the same three circumstances.

d. What must be done with the search warrant, inventory sheet, photographs and photocopies, and items seized after a search is completed, and what time restraints exist?

7. Identify restrictions placed on peace officers’ ability to invite the media to accompany them when executing a warrant.