Would he have probable cause for a the search warrant?
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PROJECT ONE: Search Warrant Draft
You are Officer Cascius. 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 Solomon Wise, Judge of the District Court of Maryland for Chesapeake County.
2) Submit a 2-3 page paper answering the following questions and citing applicable case law to support your opinions.
- Assuming Officer Cascius 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?
- 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?
- What, if any, issues do you see regarding the credibility of the informant?
- Assuming Officer Cascius 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
- On January 1, 2018, Officer Carl Cascius received an anonymous tip that Samantha Bee lived in a house at 123 Joppa Road and was selling counterfeit Louis Vuitton.
- Officer Cascius completed the 26 week Police Academy. During the academy, he had 40 hours of instruction specifically related to identification of counterfeit goods. He has been an officer for over 30 years and has been assigned as an investigator in the Economic Crime Division for the last 10 years. Over the last 10 years, he has received additional training with regard to counterfeit goods, specifically fake Louis Vuitton hand bags, clutches and purses; Counterfeit goods Training Center Basic Drug Identification Course; and the “Top Fakes” basic counterfeit investigators school hosted by the National Retail Association and the State Police. He has made hundreds of arrests for counterfeit goods and has written numerous counterfeit-related search and seizure warrants and participated in the execution of many, including those related to the manufacturing and distribution of counterfeit goods.
- Officer Cascius enlisted an informant to check out the house and try to buy some counterfeit goods. The informant has no track record working for the police but the prosecutor referred him to Cascius because the informant wanted to help reduce a possible arson sentence.
- The informant came back a few days later and told Cascius that on March 15th he saw Bee and another woman carry several large box with expensive handbags piled on top into the house and drag two other bags full of Louis Vuitton merchandize a BMW (a 2018 4 series) parked on the street in front of the house. (Officer Cascius later runs the tag and the car is registered to Samantha Bee). The informant tried to buy some handbags and purses that evening and as soon as he entered the house he saw bags in opaque plastic bags. Bee commented she had an unlimited supply of counterfeit goods from a place in New York City, but her credit card machine machine was not working.
- Based on this informant on March 17th, Officer Cascius pulled Bee’s UPS and FedEx delivery information, as well her EZPass toll records. All three sources showed an abnormal amount of packages from and vehicle travel to New York City. Officer Cascius then drove to Bee’s house saw the BMW parked on the street. Officer Cascius surveilled the location and saw Bee return from a trip carrying a Louis Vuitton handbag.
- Officer Cascius reviewed all the evidence and decides to get a warrant. Today is July 1st and a check of Bee’s bank accounts show deposits in cash and through a credit card machine from $1000 to $5000 a week. Bee does not appear to have other employment as confirmed by the State Unemployment Office. Bee receibes from the State $1500 a month which matches deposits made into Samantha Bee’s account.
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IN THE DISTRICT COURT FOR CHESAPEAKE COUNTY, MD
APPLICATION AND AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT
I, Officer Cascius, of the Metropolis Police Department, the Affiant, being duly sworn, request the issuance of a Search and Seizure Warrant and states as follows:
- 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 _________________________________________.
- 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
- 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 _______________________.
- PROBABLE CAUSE (FACTUAL BASIS):
The facts that establish probable cause for the issuance of a Search and Seizure Warrant are as follows: ___________________________________________.
- 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 ________________________.
- 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__________________, 2018
________________________________
JUDGE
________________________________
JUDGE’S PRINTED NAME
IN THE DISTRICT COURT FOR CHESAPEAKE COUNTY, MD
SEARCH AND SEIZURE WARRANT
TO: Officer Cascius 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: ________________________________________________________.
- You shall conduct a search on the place and person located at:
The residence to be searched is _____________________________________.
- You shall seize the following items, evidence, and/or contraband: _______________________________________________________________.
- 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.
- 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.
- 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 _________________________________________________
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