Particularity in Search Warrants

Criminal Procedure video introduction to the particularity requirement for valid search warrants. The warrant must identify with reasonable particularity the place to be searched and the items to be seized. We consider a famous 19th century example and more recent examples.

[juliewoods]

Very nice explanation of Search Warrants for first year law students who only know what they see on Law and Order and movies. I am a retired Federal LEO with 29 years of experience in obtaining Search Warrants. I have probably been the affiant in a thousand Warrants. Nothing you said was wrong. You just did not say enough. The Affiant's track record with the magistrate is taken into account. Usually, feds work with Assistant USAs. I remember taking a Search Warrant application to a new AUSA. She read it and told me I did not have probable cause. This was for a search of a parcel in the US Mail. I suspected it contained marijuana. Instead of arguing with her I was just going to go down the hall for another Assistant AUSA, I know you will call that fishing, but just as I was leaving another, more experienced walked into her office. She handed him the application, and said, "he doesn't have probable cause, does he?" He just looked at me, called me by my first name and asked, "who was the dog?" The Affidavit stated the canine detection dog's name and number. I told him the dog's name. He told her I had probable cause. He initialed the Warrant. the magistrate signed it, and I hit pay dirt. The dog's history of not "hitting dry holes" was one of the more compelling reasons the Warrant was signed. Keep up the good work on educating these kids. consider having a guest lecturer who has actually requested, received, executed, and returned a Warrant. I like that you explained that you cannot search for an elephant in a tea cup.

[cameronclark]

I seriously need this situation looked in to and am currently in the process of suing the city of hibbing and the st Louis county sheriff's dept and hibbing police dept for numerous events of which were all captured on camera soon people will finally see how corrupt these officers really are

[quakers]

I have one and this is from someone claiming to teach police officers how to write warrants because apparently this is not taught or taught poorly. So a warrant for searching for a big screen tv. That was stolen in a burglary. The short of it the search was for the tv obviously but also for burglary tools. To me this basically opens the door to search every inch of the property. My other concern is that he said that probable cause does not even have to be likely. That sounds bad, terrible and what the cop does not have to explain why his cause turned out to be wrong. Are police required to wear cameras during a search and can a homeowner request to be present or have a representative present during a search?

[Knthebossk]

Do a search warrant have to have a name or description of the suspect of who’s house is being searched ?

[bryonwatkins]

One thing we’ve been doing to hold law enforcement accountable is that law enforcement is rubber stamping warrants. That’s fraud, oath violation, etc.

[cameronclark]

If anything happens to me in the process I will know exactly where to start an investigation thank you and I appreciate all of your help on this issue Cameron Douglass clark

[DustinUhrig]

My question would be what would give any state judge the right to Grant a search warrant for somebody's house or property when that's not law the actual law is the Constitution and your fundamental rights

[whatvideoswhere]

arent the inventory and or reurn and or report required ot be given to all people who lived at a property house when they ask for it? i have asked for 20 months and still got nothing from 4 police offices - search warant officers, property room, investigator case file manager, and DA office

[whatvideoswhere]

hi so i roomate had a search warrant, then cops show up to search the whole house and his name only, then they find out their are 3 renters there right before they start, they then go in all their bedrooms and take their stuff, 1 year later all charges are dropped on the roomate, jnone of the other 3 roomates ever had any charges on them or their items taken. So if a search warrant police officers have but have never given to the 3 people a copy of the search warrant - extension ammendment - so pertaining to them and their rooms - after 20 months = 6 months after the case is over - doesn't that in invalidate it? how do they have the right to take anythig when they said they would give a copy within a few days and never did despite several opportunites and a bunch of requests for it

[blizte]

I have known case in Ohio this has broken to search vehicle after illegal using trick to get search order. for vehicle which got charges dropped later as officer in Columbus has city being sued for not obey procedure.

[eilenekellogg]

What about all the stuff they take without reporting it?

[jeromemaston]

Can police search other residents rooms and belongings if not listed on the warrant ? If firearm is found in another resident room was the arrest legal

[Harlem]

Bell v. Clapp is not controlling law in any jurisdiction but New York - ergo, not a particularly helpful case to look to overall.

[jermaineclark]

What If they confiscate something not all the search warrant can you still be charged

[kylerobertson]

When does a search warrant expire or whats the time frame from when the judge signs it to the time its no longer good or does it expire and when they do come in and u ask for the warrant and they refuse to give it to us so is that wrong or no i dont understand

[DARRELLS]

The new thing with search warrants they’re doing is listing items that they are searching for and (anything that is found that can or constitute a crime)

[TonyGarrett-pc]

Search warrants are handed out like candy. And all they state is that the police can search for "evidence of a crime".

[timsteinkamp]

It is easy to understand from your presentation that the American Bar Association through its members, the attorneys and judges, have taken our Bill Of Rights and made decisions to protect your own and to turn every issue of justice into a continual argument where the members of the Bar assure themselves of fortune on the backs of the People.

I wish the people would see that just like a divorce where the attorneys try to create a conflict between the parties, as to increase their billable hours, the same thing happens in our system of justice here in the USA. Considering the members of the Bar also infiltrate our Congress, it is no wonder our Country is going down the rat hole. Listening to you I think you must be brainwashed because you don't sound like my idea of an American.