Title 18 U.S.C section 3109 knock and announce statute - must knock and announce authority and purpose
- must wait a reasonable amount of time
(breaking includes: breaking down the door, forcing chain lock, passkey to open a
locked door, opening a closed but unlocked door)
refused entry - silence
- sounds of flight
- destruction of evidence
- verbal refusal
- gunfire
exigent circumstances to knock and announce - danger to officers or others
- destruction of evidence
- useless gesture
- hot pursuit
- ruses or decoys
(no knock warrants require same criteria as exigent circumstances)
who has authority to issue federal search warrants? magistrate judges, district court judges, circuit court of appeals judges, supreme
court justice, state court judges (all must have jurisdiction)
components of a search warrant - must outline place to be searched and persons/things to be seized (with
particularity)
- nexus between evidence sought and location to be searched
- can't be based on stale intel
circumstances where a telephonic search warrant should - exigent circumstances make the standard process of obtaining a warrant
be obtained impractical
- cannot be issued by a state judge
- judge must have an "original" warrant
Legal requirements for executing a search warrant - requesting officer must execute it
- should be executed in the day time (0600-2200), Typical 2 week time limit
- may handcuff if reasonable
- provide copy and inventory at the end
- frisks still require RS (if individual is listed on the warrant they are subject to
search)
- signed sw returned to issuing judge along w inventory
- includes all areas which could possibly conceal the objects in the sw
Protective Sweep - quick and limited search of premises incident to arrest that includes places where
a person could be hiding
automatic- with an arrest/search warrant, can search areas adjacent to arrest for
people
extended- reasonable officer would believe an area may harbor a dangerous
individual
when can evidence be seized under the plain view - must be lawfully in position to observe the item
doctrine? - incriminating nature of the item must be immediately apparent
- must have lawful right to access the object
warrantless searches of motor vehicles carroll doctrine- if LEO has pc that vehicle located in public place contains evidence
of a crime or contraband
requires- pc that evidence of a crime or contraband is in vehicle, and it is readily
mobile, can search areas where the object could be (locked or unlocked)
Hot Pursuit - pc to arrest
- serious crime
- immediate or continuous pursuit from a public place
- pc suspect is in residence
2026-2027 | Stuvia Edition
, CITP Exam 4 - Practice Questions & Verified Answers
sia purpose- discover weapons, prevent destruction or concealment of evidence,
discover means of escape
requirements- must be substantially contemporaneous, can only search areas
accessible to the arrestee, includes containers (consider distance between arrestee
and area searched, handcuffs, number of officers)
vehicles- considered immediately accessible to the arrestee, no trunk, limited to
arrestee remaining close to vehicle while unsecured or if it is reasonable to believe
it contains evidence of the crime
consent search - must be voluntary
- must have actual or apparent authority over the place to be searched
when does third party have actual or apparent authority to - common authority over effects (If one party with authority refuses, no consent)
consent to search? - apparent authority
- individual can limit scope and revoke consent
- spouse has shared authority
- parent has authority for minor child, adult depends on accessibility
- roommate can give access to common areas
inventory of impounded property - routine, non-criminal search (no pc or warrant)
- requires lawful impound to protect personal property
- plain view doctrine
- may not extend farther than reasonably necessary (glove compartment, trunk,
locked containers all good to go)
inspections on property - administrative search must be part of a general regulatory scheme
- includes sobriety checkpoints, security check points, DL and registration stops,
info gathering checkpoints (not looking if occupants committed a crime), business
inspections for regulations
(have a right to avoid an admin search by not entering a secure area, but do not
have a right once they have started)
Types of Clandestine labs - covert or secret illicit operations to manufacture controlled substances
- waste sites
- super labs (10+ lbs per cycle, only selling not users)
- independent labs (cooks or tweakers for personal use)
symptoms of a meth user euphoria, increased energy, anxiety, irritability, paranoia, strange behavior (effects
last 8-24 hours severe "crash")
Chemicals used in the manufacture of methamphetamine - red phosphorous
- psueudoephedrine
- iodine
- hydrioic acid
- lithium
- anhydrous ammonia
Red Phosphorous method - uses ephedrine or pseudoephedrine as a precursor
- red phosphorous and iodine/hydriodic acid used for reaction (strong sulfurous
chemical smell)
Birch Reduction/Nazi Method - ephedrine or pseudoephedrine as a precursor
- lithium metal and anhydrous ammonia for reaction (strong ammonia/cat urine
smell)
One pot/shake-n-bake - ephedrine or pseudoephedrine as a precursor
- uses a jug/bottle/etc.
- same as birch/nazi just in a single bottle
2026-2027 | Stuvia Edition