67 Pages Posted: 12 Mar 2010 Last revised: 12 Jul 2010
Date Written: March 9, 2010
This 68-page CLE (continuing legal education) brochure is titled “Four Ways to Make Valid Fourth Amendment Intrusions into Houses: Search Warrant, Arrest Warrant, Exigency, & Consent.” It was presented to the Baltimore County Police Department in 2009. Topics include (1) standing and reasonable expectation of privacy in houses, (2) the Reasonableness Clause versus the Warrant Clause, (3) required documents and steps in the warrant issuance process, (4) a neutral and detached magistrate, (5) probable cause, (6) the particularity requirement, (7) anticipatory search warrants, (8) where and by whom may a warrant be executed, (9) time limitations on search warrant execution, (10) permissible scope of warrant execution, (11) presence or absence of persons when a search warrant is executed, (12) documents made and/or delivered during or subsequent to a search, (13) challenging warrants by challenging warrant affidavits through a Franks hearing, (14) arrest, (15) arrest in public, (16) arrest of the Defendant in the Defendant’s home, (17) arrest of the Defendant in a third party’s home, (18) the manner of entry into a home to execute an arrest warrant, (19) search incident to lawful arrest, (20) prompt presentment requirement and the remedy for non-compliance, (21) the remedy for illegal arrest, (22) hot pursuit, (23) other exigent circumstances, (24) the plain view doctrine, (25) consent searches, and (26) the exclusionary rule and its purpose.
Keywords: search & seizure, Fourth Amendment, intrusions, houses, homes, search warrants, arrest warrants, exigency, consent, police, law enforcement
JEL Classification: K14, K39, K49
Suggested Citation: Suggested Citation
Warnken, Byron L., Four Ways to Make Valid Fourth Amendment Intrusions into Houses: Search Warrant, Arrest Warrant, Exigency, & Consent (March 9, 2010). Available at SSRN: https://ssrn.com/abstract=1567623 or http://dx.doi.org/10.2139/ssrn.1567623