Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 9 of 21
-9ultimate measure of the constitutionality of a governmental
search is reasonableness.”
Vernonia Sch. Dist. 47J v. Acton,
515 U.S. 646, 652 (1995) (internal quotation marks omitted).
“Where a search is undertaken by law enforcement officials to
discover evidence of criminal wrongdoing . . . reasonableness
generally requires the obtaining of a judicial warrant.”
653.
Id. at
The Supreme Court has interpreted the Fourth Amendment to
require: (1) that the warrant be issued by a neutral magistrate;
(2) that the neutral magistrate find that there is probable
cause to believe that the evidence sought will “‘aid in a
particular apprehension or conviction’ for a particular
offense;” and (3) that the warrant describes with specificity
the “‘things to be seized,’ as well as the place to be
searched.”
Dalia v. United States, 441 U.S. 238, 255 (1979)
(quoting Warden v. Hayden, 387 U.S. 294, 307 (1967); Stanford v.
Texas, 379 U.S. 476, 485 (1965)).
“A judicial officer who is considering an application for a
search warrant must decide ‘whether, given all the circumstances
set forth in the affidavit before him, including the veracity
and basis of knowledge of persons supplying hearsay information,
there is a fair probability that contraband or evidence of a
crime will be found in a particular place.’”
United States v.
Warren, 42 F.3d 647, 652 (D.C. Cir. 1994) (quoting Illinois v.
Gates, 462 U.S. 213, 238 (1983)).
“‘Under the Fourth Amendment
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