CRJU 203 Lecture Notes - Lecture 2: Payphone, Curtilage
Document Summary
Thursday, september 6th: take decision to search out of law enforcements hands, judge decides whether we can go forward and search, magistrate has to be neutral and detached, no part of prosecuting case. Items designed to be used in committing a crime. Instruments of a crime: person, requirements for search warrant, describing the place in detail, address, color, left or right on the road, describe the person or thing to take. If search is illegal, then the search is suppressed: sufficient probability is fine, address numbers are inverted, executing the search warrant, search warrants must be executed within 10 days. If it"s not executed within 10 days, it is considered stale: must have facts for probable cause, knock and announce, law enforcement must announce before force in. If there is a threat of physical violence, then they are not required to knock and announce.