Search Warrants

1. When is a stop valid? What is its purpose?

2. When is a frisk valid? What is its purpose?

3. “An officer who makes a valid stop can automatically conduct a valid frisk.” Is this statement true or false? Explain your answer.

4. What is reasonable suspicion? How does it differ from probable cause?

Chapter 6

1. Are the terms seizure and arrest similar or different? Justify your answer and give examples.

2. What is the proper legal test to determine whether a person has been seized under the Fourth Amendment and therefore is entitled to constitutional protection?

3. Assume you are a police officer who is detaining a suspect. What standard will you use to determine if the detention is still a valid detention or if it has turned into an arrest?

4. Identify the four elements of an arrest, and then give an example of each element.

Knock-and-announce vs. No-Knock Search Warrants

Debate the police use of force in executing search warrants coming down to an analysis of two classifications of entry into a residence or building. Follow the links below and discuss the following questions.

Legal Information Institute: Knock and Announce Rule

Legal Information Institute: No-Knock Warrant

Legal Information Institute: United States v. Banks

1. Based on the definition of “No-Knock” warrants and “Knock-and-announce” warrants, explain the pros and cons of each type of entry.

2. Which type of entry allows force to be used? “No-Knock” or” Knock-and-announce”?

3. In the case of United States v. Banks, how much time was Banks given to come to the door?

4. What was the Supreme Court’s ruling on the amount of time given by police for Banks to come to the door?

5. Based on what you have learned about search warrant entries, what is the fundamental difference between a “No-Knock” warrant and a “Knock-and-announce” warrant?