Instructions PROJECT ONE: Search Warrant Draft

Instructions

PROJECT ONE: Search Warrant Draft

Follow every question and then do the search warrant, the example template is below this is an important assignment. Follow all the instructions

You are Officer Jones. Using the following fact pattern, please:

1) Draft an application/affidavit for a search warrant, search warrant and return for any applicable place, person or motor vehicle. For purposes of the exercise assume the application/affidavit will be presented to me, Judge Barry Moredock, Judge of the District Court of for Chesapeake County.

2) Submit a 2-3 page paper answering the following questions and citing applicable case law to support your opinions.

a. Assuming Officer Jones only had the information set forth in paragraphs #1 through #4 below, would he have probable cause for a the search warrant? Why or why not?

b. Assuming the warrant was signed by the Judge and it was later determined that probable cause was lacking, would the evidence that was seized be suppressed by the court? Why or why not?

c. What, if any, issues do you see regarding the credibility of the informant?

d. Assuming Officer Jones now has the information set forth in paragraphs #1 through #5 below, would he have probable cause for a the search warrant? Why or why not?

Fact Pattern

1. On 18 Sept 09, Officer Steve Jones received an anonymous tip that Mr. James Fox lived in a house at 120 Verlinden Drive and is growing marijuana in the basement – at least 400 plants.

2. Officer Jones completed the 26 week Police Academy. During the academy, he had 40 hours of instruction specifically related to identification, detection and manufacturing of controlled dangerous substances, including marijuana. He has been an officer for over 20 years and has been assigned as an investigator in the Drug Enforcement Division for the last 15 years. Over the last 15 years, he has received additional training with regard to controlled dangerous substances, including NIK Polytesting System on narcotics identification; Counterdrug Training Center Basic Drug Identification Course; the "Top Gun" basic drug investigators school hosted by the National Drug Training Center and the State Police; the Aerial Marijuana Observation course hosted by the Department of Justice and Drug Enforcement Division; and the MAGLOCLEN Drug Investigation Seminars in 2010, 2011 and 2012. He has made hundreds of arrests for controlled dangerous substances and has written numerous drug-related search and seizure warrants and participated in the execution of many, including those related to the manufacturing and distribution of marijuana.

3. Officer Jones enlisted an informant to check out the house and try to buy some marijuana. The informant has no track record working for the police but the prosecutor referred him to Jones because the informant wanted to help reduce a possible drug distribution sentence.

4. The informant came back a few days later and told Jones that on 19 September he saw Fox and another man carry a carbon dioxide tank and other equipment into the house and drag two laundry bags to a Chevy (a 1990 Malibu) parked on the street in front of the house. (Officer Jones later runs the tag and the car is registered to James Fox). The informant tried to buy marijuana that evening and as soon as he entered the house the informant could smell the odor of marijuana. Fox bragged he had an unlimited supply of marijuana so he could do business with the informant, but begged off selling any marijuana that evening. Fox excused himself and went to the basement door. When the door was open the informant saw extremely bright light emanating from the basement.

5. Based on this informant on 21 September, Officer Jones pulled Fox’s electric bills. Fox’s average kilowatt usage was more than three times the normal usage as verified by the electric company’s manager, Joe Thornton. Officer Jones then drove to Fox’s house saw the Malibu parked on the street. Officer Jones looked through his binoculars while standing on the street and observed very bright glowing lights and the top of marijuana plants.

6. Officer Jones reviews all the evidence and decides to get a warrant. Today is 22 September and a check of Fox’s bank accounts show deposits in cash weekly from $1000 to $5000. Mr. Fox does not appear to have other employment as confirmed by the State Unemployment Office. Mr. Fox gets from the State $1500 a month which matches deposits made into Mr. Fox’s account.

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IN THE DISTRICT COURT FOR CHESAPEAKE COUNTY, MD

APPLICATION AND AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT

I, Det., of the Metropolis Police Department, the Affiant, being duly sworn, request the issuance of a Search and Seizure Warrant and states as follows:

1. APPLICATION AND VIOLATIONS OF LAW:

The Affiant hereby makes application to_______________________________ a judge of the Circuit/District Court for Chesapeake County, MD for a Search and Seizure Warrant on the grounds that there is probable cause, the basis of which is set forth in the following affidavit which is attached hereto and made a part hereof, to believe that there is property subject to seizure under the laws of this State and more particularly in violation of the Criminal Law Article, specifically, the crimes of _________________________________________.

2. DESCRIPTION OF THE PLACE, PERSON, OR MOTOR VEHICLE TO BE SEARCHED:

This Application and Affidavit are made to obtain authority to search the premises described below:

The residence to be searched is

3. AFFIANT’S TRAINING AND EXPERIENCE: ________________________.

In support of this application for a search and seizure warrant your Affiant Detective being duly sworn attests to the following _______________________.

4. PROBABLE CAUSE (FACTUAL BASIS):

The facts that establish probable cause for the issuance of a Search and Seizure Warrant are as follows: ___________________________________________.

5. JUSTIFICATION FOR THE PLACE TO BE SEARCHED AND ITEMS TO BE SEIZED ____________________________________________________.

Based on the aforementioned information, your Affiant prays a search and seizure warrant to be issued for the residence of ________________________.

6. DESCRIPTION OF THE ITEMS TO BE SEIZED:

For all of the forgoing reasons, I respectfully request that you issue a Search and Seizure Warrant for the above-described place authorizing the opening and searching of any safes, boxes, bags, compartments, or things in the nature thereof, found in or upon said location.

AND IF THE PROPERTY BE FOUND THERE, TO SEIZE ANY PROPERTY FOUND LIABLE TO SEIZURE UNDER THE LAWS OF THIS STATE.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER PENALTIES OF PERJURY, THAT THE CONTENTS OF THE FOREGOING DOCUMENT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF.

_________________________________________________

Affiant’s Signature

____________________________________________

Affiant’s Printed Name and ID# _____________________________________

SUBSCRIBED AND SWORN BEFORE ME IN MY PRESENCE ON THE________DAY OF__________________, 2008

________________________________

JUDGE

________________________________

JUDGE’S PRINTED NAME

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IN THE DISTRICT COURT FOR CHESAPEAKE COUNTY, MD

SEARCH AND SEIZURE WARRANT

TO: Det. of the Metropolis Police Department.

Upon reviewing the Application and the accompanying Affidavit of Det. of the Metropolis Police Department, which are incorporated into this Warrant, I find there exists probable cause to issue this Search and Seizure Warrant. You are therefore commanded with the necessary and proper assistants to search forthwith the following place and person and seize the following specified items: ________________________________________________________.

1. You shall conduct a search on the place and person located at:

The residence to be searched is _____________________________________.

2. You shall seize the following items, evidence, and/or contraband: _______________________________________________________________.

3. Upon execution of this Warrant, you shall leave an inventory of the items seized, together with a copy of this Warrant, Application, and supporting Affidavit (unless previously sealed by court order) with the person from whom the items are seized, or with the person in charge of the premises, or if neither of those persons is present, then in a conspicuous place on the premises.

4. You shall return this Warrant to me or, if I am not available, to any judge of this Court within 10 days of the date of its execution, along with verified inventory of the items seized.

5. If this Warrant is not executed within 15 days of its issuance, it expires and shall become null and void. This Warrant may be executed at any time of the day or night.

____________________________ _____­­______________________________

DATE JUDGE’S SIGNATURE

___________________________________

JUDGE’S PRINTED NAME

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IN THE DISTRICT COURT FOR CHESAPEAKE COUNTY, MD

SEARCH AND SEIZURE WARRANT RETURN

On __________, I searched the premises described in the Warrant and I left a copy of the Warrant together with a copy of the inventory, Application and Affidavit.

The following is an inventory of property taken pursuant to the Warrant: _______________________________________________________________.

The inventory was made in the presence of ____________________________.

I swear or affirm under penalty of perjury that this inventory is a true and detailed account of all the property taken by me pursuant to the Warrant.

_______________________________________

OFFICER ________________________________

Subscribed and sworn to and returned before me on this __________________ day of ___________________, 2008.

___________________________________

JUDGE’S SIGNATURE

___________________________________

JUDGE’S PRINTED NAME

MADAM CLERK:

Please file and seal pursuant to METROPOLIS Rule 4-601.

_________________________________

JUDGE _________________________________________________