Project #55458 - search warrants

In this assignment, you will learn the essentials of search warrants and how they impact the investigative and prosecutorial processes.

Using the South University Online Library or the Internet, research about the following:

  • Criminal investigatory search warrants
  • Affidavits
  • Searches incident to arrest
  • Protective sweeps

Scenario

You are a special agent with the computer crime center of South Carolina's State Law Enforcement Division (SLED). You recently received a referral from the Aiken County Sheriff's Office regarding a suspect, Bobby Brown, who traveled from Columbia, South Carolina to Aiken, South Carolina to meet a minor female to engage in sexual activity. Brown contacted the minor in an online chat room and then engaged her in sexual discussions after learning that she was thirteen. After the minor told her parents, they contacted the Sheriff's office and took over the child's chat account. Aiken County Sheriff's deputies arrested Brown once he traveled to meet the minor and arrived at their predetermined location.

During the postarrest interview, Brown revealed that officers may find contraband when searching his home—child pornography on DVDs and other media. Additionally, he revealed that he traveled to meet at least one other girl in the state and she was also a minor. Upon learning that the potential victim was located outside of their jurisdiction, the deputies contacted you to assist with the case moving forward. According to agency protocol, you traveled to Aiken to interview the suspect. Brown waived his right to have an attorney present and agreed to the interview. During the interview, you learn more information about the potential victims and contraband at Brown's home.

You must now obtain and execute search warrants for Brown's home and property.

Based on the scenario, complete the Search Warrant, Affidavit, and Return form attached here.

Complete the following tasks in a 3- to 4-page Microsoft Word document:

    • Present a factual basis for the search or searches in the Affidavit section, using the given facts in your area that would be sufficient for a magistrate to find probable cause to issue a search warrant.
    • Discuss the essentials of search warrants and how they can impact the investigative and prosecutorial processes. Include a discussion on the elements of the search warrant, such as:
      • Specificity required in affidavits—the impact of being too broad and too specific
      • Timelines—when they are issued, executed, and when returns are filed, as well as staleness
      • Requirements of who may issue warrants within each element

Within each element, highlight major cases from the Supreme Court of the United States, their holding, and their impact on the evolution of search warrants as we know them now.

  • Discuss the effect of misrepresentation by officers before and during the search process and the impact this can have moving forward.

Support your responses with appropriate research, reasoning, and examples.

Cite any sources in APA format.

 

Subject Law
Due By (Pacific Time) 02/02/2015 12:00 am
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