The Fourth Amendment of the United States Constitution prohibits unreasonable searches and seizures and requires that warrants to conduct searches be supported by probable cause. An unlawful search, standing alone, however, does not preclude a prosecution. Instead, the usual sanction is suppression. See Mapp v. Ohio, 367 U.S. 643, 655 (1961). Probable cause to conduct a search is “a fair probability that contraband
or evidence of a crime will be found in a particular place.” Illinois v. Gates, 462 U.S. 213, 238 (1983). It is “a fluid concept” that is not easily reduced to “a neat set of rules,” but rather turns on the “totality of the circumstances.” Id. Probable cause can be based on hearsay from a known source or information from an anonymous informant that has been corroborated with independent facts. Draper v. United States, 358 U.S. 307, 313 (1959); and Illinois v. Gates, supra note 12.
The Fourth Amendment requires particularity in the description of the place to be searched and the items to be seized. Fed. R. Crim. P. 41(c)(1). There is no such thing as a general warrant, although courts reach for grounds upon which to save an overbroad warrant (and search) if the particularity requirement seems otherwise lacking. See United States v. Beaumont, 972 F.2d 561 (5th Cir. I993) (incorporation by reference of an affidavit); United States v. Bonner, 808 F.2d 864 (1st Cir. 1 986) (personal knowledge of proper place to search by police officer). Police and federal agents must comply with “knock and announce” requirements; they must state their authority and the purpose before a search, absent exigent circumstances permitting forcible entry. See 18 U.S.C. § 3109 (1988). Rule 41 of the Federal Rules of Criminal Procedure sets forth the procedures for issuance, execution and return of search warrants for federal searches. Among other strictures, the warrant must be executed and returned within ten days, it must also be executed during daylight hours, unless specifically authorized to be done at night. Fed. R. Crim. P. 41.
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