Legal authorization to search warrant

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You received a complaint that the person living at 1 Main Street is using his computer to print counterfeit money. You research the address and found only one person to be living there. You have no additional information to indicate that this person is committing the crime of printing bogus money with his computer. You do not have enough probable cause to obtain a search warrant for the residence.

What legal options do you have to conduct a search of the residence?
What type of evidence would you be looking for if you somehow had legal authorization to search the home?
What pieces of electronic equipment would you look for in this type of investigation?
What types of non-electronic evidence would you be looking for?
What are some questions you would ask the suspect to further the investigation?

Sample Solution

One option is to obtain consent from the resident. I could knock on the door and introduce myself as a police officer. I could then explain that I have received a complaint that the resident is using his computer to print counterfeit money. I could then ask the resident if he would be willing to allow me to search his home. If the resident agrees, I would need to obtain his consent in writing.

Another option is to conduct a plain view search. This means that I can search any area that I can see from a place where I am legally allowed to be. For example, if I am standing on the resident’s front porch and I can see counterfeit money on the kitchen table, I can seize the counterfeit money without a warrant.

Finally, I could also conduct a search incident to arrest. This means that I can search the resident and his immediate surroundings if I have probable cause to arrest him for a crime. For example, if I see the resident printing counterfeit money, I can arrest him for that crime and then search his home incident to arrest.

If I somehow had legal authorization to search the home, I would be looking for the following types of evidence:

  • Counterfeit money
  • Computers and other electronic equipment that could be used to print counterfeit money
  • Paper and other materials that could be used to print counterfeit money
  • Records of the resident’s activities, such as bank statements and credit card statements

The following are some pieces of electronic equipment that I would look for in this type of investigation:

  • Computers
  • Printers
  • Scanners
  • Copiers
  • External hard drives
  • USB drives
  • Memory cards

The following are some types of non-electronic evidence that I would be looking for:

  • Counterfeit money
  • Paper
  • Ink
  • Toner
  • Printing plates
  • Records of the resident’s activities, such as bank statements and credit card statements

Here are some questions that I would ask the suspect to further the investigation:

  • How did you learn to print counterfeit money?
  • What type of equipment do you use to print counterfeit money?
  • Where do you get the materials that you need to print counterfeit money?
  • How much counterfeit money have you printed?
  • What have you done with the counterfeit money that you have printed?
  • Do you know any other people who are printing counterfeit money?

I would also ask the suspect about his financial situation. This could help me to determine whether he has a motive for printing counterfeit money.

It is important to note that I am not a lawyer, and this is not legal advice. If you have any questions about your legal rights, you should consult with an attorney.

 

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