Instructions:

This is your final "prep assignment." you will prepare the actual search warrant application and affidavit in draft form. Imagine that you are a federal agent for the U.S. Drug Enforcement Administration. You have been asked to help an ongoing investigation headed-up by your fellow agent, Special Agent Michelle/Michael Collier.

You will submit:

1. A fully completed application to search the location of your choice.

The template for the application for a search warrant that we will use is the version that is used by the federal government.

The application itself is only one page, and will allow you to select the option that alerts your reader to refer to the "attached affidavit." Due to the fact that this page is the first thing a judge or magistrate sees, and because, practically speaking, it acts as a cover to the affidavit, it's often referred to as the "cover sheet." In reality however, this is the application that must be signed by the judge/magistrate. Select this Links to an external site.link to access the online PDF.Links to an external site. (Students who have trouble accessing this form should use the troubleshooting ideas below.)

Use this online form for your project. (Note: Since the state of Maryland only has one federal district the jurisdiction line on the form should remain blank or you could enter N/A for "not applicable".)

located in the ______N/A____________ District of Maryland, there is now concealed (identify the person or describe the property to be seized):

1. A Self-Generated Affidavit

The "real story" and explanation for the search warrant will be carefully and fully detailed in the affidavit. To write an affidavit you would just open a new Word .docx file and format it yourself. I have however, created a "starter template" which includes prompts and examples. Select this link to access the document that you will use to get your affidavit started Download Select this link to access the document that you will use to get your affidavit started. Remember to erase all of the extra notes and examples before you submit your work.

Select this link to access an optional checklist Download optional checklist.

Refreshed Facts/Information:

Remember that you are using a previously provided scenario for this assignment, so you don't and shouldn't make up any facts (other than your "hero statement").A summary of the DEA 6's for this investigation can be downloaded from here: Factual Scenario For Your InvestigationDownload Factual Scenario For Your Investigation

New facts:

Your supervisor has asked you to read S.A. Collier's investigative reports ("DEA 6s"), and to decide from the facts presented, whether there is sufficient probable cause for a search warrant in this case. Assume that you believe probable cause exists for at least one of the suspects in this investigation.

Because you are helping out S.A. Collier, your supervisor asks you to review all of the possible places to be searched and to pick the location that you believe is most vital to the case; you will write the search warrant for the location (not person), that you choose. There must be individual and particular probable cause to search any structure or container, so make sure to include that in your application if you deem it appropriate (e.g. a car that belongs to a target, a shed, etc.).

You see this as an opportunity to get your career off to a good start and want to pick the most valuable location to search. Your Supervisor reminds you that it is essential that you protect the identity of the confidential informant(s) and the citizen informant(s). Consider whether you want to execute a "night time" and/or a "no-knock" search warrant; if so, plan and draft your materials accordingly.

Relevant Laws:

The relevant law that you may need to include in your warrant application is included below.

The Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Applicable Statute(s)

For your search warrant assignment, you must select one of the statutes below as the foundation for establishing probable cause. The statute (title and code citation) you choose will guide your analysis and dictate the type of evidence you seek in your search warrant.

In order to decide which statute to use in your application to search a location, pose the following questions to yourself:

What facts support this charge? Review your case scenario. What evidence is mentioned, and which statute does it most closely align with?

What evidence do you need to support probable cause under this statute? Consider the type of evidence the statute requires. That is, what are the elements of the crime and what if any information do you have toward proving all of them? Most of them? A few of them? (The lower you go, the less likely you have probable cause.) What are the potential weaknesses or gaps in the facts? Which of these will make probable cause harder to establish?

Which statute is this the best statute for your scenario? Reflect on how the facts of your case align with the statute. Ensure that your choice logically flows from the evidence available. Which statute will give you the broadest scope to search? The scope of a search warrant is always directly tied to the specific crime being investigated, as the items and locations searched must be reasonably related to evidence of that crime. Thus, match the amount of probable cause with the largest scope it can support by carefully analyzing how the facts justify the need to search specific areas or seize particular items. A broader scope requires stronger and more detailed probable cause to demonstrate why additional evidence is directly relevant to the crime.

Statutes to Choose From

Simple Possession

• • Citation: 21 U.S.C. 844
  • Focus: This law applies to individuals who possess a controlled substance for personal use.

Felon in Possession

• • Citation: 18 U.S.C. 922(g) 18 USC 922(g)
  • Focus: This law prohibits individuals with a prior felony conviction from possessing firearms or ammunition

Possession with the Intent to Distribute

• • Citation: 21 U.S.C. Section 841
  • Focus: This law targets individuals who possess controlled substances with the intention to sell, distribute, or deliver them.