EAST 10 POINTs!!! FIRST TO ANSWER RIGHT!!!?

Question

1) Let's say an officer has a warrant that describes the premises as 325 Adkinson Street. The house intended to be searched is on the corner of Adkinson and Short Streets, but the true address is 325 Short Street. Is the warrant valid? Why?

2) Let's say the police are chasing a suspect who is carrying a small amount of drugs in order to arrest him. The suspect enters his home, with the police close behind. May the police enter the house without announcement? Why?

3) Let's say police arrive at a gang-members hideout with a warrant to search the premises. The police believe that the gang-member is in the premises, is armed, and is inclined to use his weapon against them. May the police enter the premises without announcement? Why?

Answer 1

Clerical errors do not make a warrant invalid. The warrant includes a description and other information used to identify the house. As long as it's made in "good faith".

That's based on close pursuit. No announcement is required.

The warrant must include a "no knock" clause. This is used when there is evidence of weapons, violent tendencies, preservation of evidence (i.e. drugs and the opportunity for the destruction of the evidence), and other extenuating circumstances. There must also be a clause for the execution of the warrant at night or on weekends,

Answer 2

Mistakes do not invalidate a warrant. There is usually a description of the house on the warrant or this reason.

I partially agree with the first post...That is called fresh pursuit and is probably legal, HOWEVER,  in some states it must be a felony.

"No knock" warrants are allowed when there is evidence of weapons. Officer safety is more important than the requirement to announce.

Answer 3

the warrant is still valid because it was conducted in good faith.

fresh pursuit.. they can enter becuase the guy could be flushing the evidence or getting a weapon, notice does not have to be made.

search warrant needed if he wont come out.  depends tho if there is anyone else in the house.  if they entered without announcing.. they made a fatal mistake.