NCJ Number
129358
Date Published
1991
Length
57 pages
Annotation
These U.S. Supreme Court decisions on the issuance and execution of arrest and search warrants pertain to the requirement of a "neutral and detached" magistrate, the showing of probable cause, and the requirement of particularity.
Abstract
The U.S. Supreme Court's decision in Shadwick v. Tampa (1972) holds that municipal court clerks qualify as "neutral and detached" magistrates under the fourth amendment's requirement for an arrest warrant. In Illinois v. Gates (1983), the U.S. Supreme Court reversed the Illinois Supreme Court in holding that the elements of an informant's veracity, reliability, and basis of knowledge should not be understood as entirely separate and independent requirements to be rigidly exacted in determining probable cause for a search warrant. Rather they should be viewed as intertwined issues in considering all factors related to the "totality of circumstances." The Court ruled in Franks v. Delaware (1978) that where a defendant makes a substantial preliminary showing that a false statement knowingly and intentionally or with reckless disregard for the truth was included by the affiant in a warrant affidavit and if the allegedly false statement is necessary to the finding of probable cause, the fourth amendment requires that a hearing be held at the defendant's request to determine the validity of the warrant. The U.S. Supreme Court's decision in McCray v. Illinois (1967) held that an informer's identity need not always be disclosed in a preliminary hearing to determine probable cause for an arrest or search. Maryland v. Garrison (1987) held that the particularity requirement of a search warrant is satisfied when those who execute the search make a reasonable effort to ascertain and identify the place intended to be searched. Notes on the decisions are included.