1. An officer who makes application for a search warrant before a magistrate or judge must provide:
A. a complete investigative report of the crime committed.
B. probable cause from a sworn affiant.
C. witnesses to appear before the magistrate or judge.
D. physical evidence to the judge along with laboratory reports.
is it B
2. When an officer searches an offender incidental to an arrest in the offender’s residence, the officer has the legal right to conduct a search of the:
A. entire residence where the offender resides.
B. entire room where the arrest took place.
C. area in the immediate control of the offender.
D. area within fifteen feet of the offender.
is it C
1. Yes, the correct answer is B. When an officer applies for a search warrant, they must provide probable cause from a sworn affiant. To determine the answer, you can consider the requirements for obtaining a search warrant. Generally, officers must demonstrate to a magistrate or judge that there is probable cause to believe that evidence of a crime will be found at the specified location. This is typically done through a written affidavit or sworn statement that outlines the facts and circumstances supporting the belief that the evidence exists and connects it to the location to be searched.
2. Yes, the correct answer is C. When an officer searches an offender incidental to an arrest in the offender's residence, they have the legal right to search the area in the immediate control of the offender. To determine the answer, you can refer to the principles of search and seizure law. Under the Fourth Amendment, an officer may search a person incident to a lawful arrest and may also search the area within the person's immediate control. This means that if the arrest occurs in a specific room or area within the offender's residence, the officer can search that room or area without obtaining a separate search warrant.