3-10-08 - Criminal Procedure 3/10/08 3 elements of 4th...

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Criminal Procedure 3/10/08 3 elements of 4 th amendment requirements Particularity Affidavit Knock and announce Wilson v Arkansas Facts Informant told police about a drug dealer Police got a warrant When they arrived at the house the screen door was open so police entered and announced they had a warrant They found Wilson flushing weed down the toilet and found more drugs in the house Question Was the “no knock” entry an unreasonable search? Yes Reason Police always need to knock and announce even with a warrant unless police have suspicion of an emergency or of evidence being destroyed US v Banks Facts Officers got a warrant to search the house of banks for drug possession The police knocked and yelled “police search warrant” loud enough for police at the back door to hear After 15-20 seconds the police broke down the door
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Banks confronted the police after jumping out the shower and said he heard
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This note was uploaded on 04/03/2008 for the course CRJ 205 taught by Professor Reisner during the Spring '08 term at Rutgers.

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3-10-08 - Criminal Procedure 3/10/08 3 elements of 4th...

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