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4.19 SEARCH WARRANTS
A. It is the purpose of this policy to provide guidelines for obtaining search warrants.
A. The search warrant is one of the most powerful and valuable tools in the law enforcement arsenal. While the process of applying for and obtaining and serving a search warrant should be familiar to most officers, there are many technical and legal pitfalls that can invalidate a search warrant, lead to the suppression of evidence or dismissal of cases and have liability implications for involved officers. Therefore, it is the policy of this agency that all officers have a sound knowledge of the legal requirements associated with obtaining and serving a search warrant so as to prevent the suppression of evidence, support the Constitutional Rights of citizens and to maintain public confidence in this agency's mandate to carry out the police function in an ethical and legal manner.
B. Search Site: The premises or person to be searched, as explicitly stated in the search warrant.
C. Search Personnel: Law enforcement officers and supporting personnel taking part in the execution of a search warrant.
F. Exigency (Exigent Circumstances): An officer reasonably believes that evidence is being destroyed or there is an imminent threat the evidence is about to be destroyed.
1. Searches Incident to Arrest: Searches of a person or the area within the immediate control of a person who has been lawfully arrested are permitted to secure weapons or evidence of a crime.
d. When dictated by the requirements for officer safety. When an officer believes that someone poses an immediate threat to the officer or another. (Note: entry is only permitted for the length of time necessary to stop the threat and any subsequent search must be conducted with a warrant or consent.)
e. Under emergency circumstances not otherwise enumerated
above.
2. Specific facts establishing probable cause shall be set forth with clarity and specificity. Officers shall not rely solely upon personal opinion or unauthenticated third party information or hearsay. Such facts may be based on:
personal observation/knowledge of the officer; or information from a named reliable source. Information from a confidential reliable source.
3. When informants are used—particularly confidential informants—the reliability of the informant and information provided shall be specified. Whenever possible, officers shall corroborate informant information.
C. Affidavit Preparation - An affidavit supporting application for a search warrant shall be prepared in the judicially approved format. The accuracy of the affidavit is vital to the validity of the search warrant, thus officers shall ensure that the following information is clearly and completely specified.
1. Offense: The offense shall be described with reference to the criminal code section whenever possible.
street number and apartment number if appropriate; physical description of the premises;name of owner or occupant;
geographical location of the property;
If due to the location further identifiers are needed references could include but not limited to:map coordinates or distances from given reference points; and photographs, maps or diagrams which help to specify the location in question.
Any other information that would specify the location including the legal description of the premises.
3. Scope of the Search: Only those things described in the search warrant can be seized. Therefore, the affidavit shall specify and officers shall ensure that the warrant includes the following:
All areas that officers desire to search shall be designated. In cases where officers wish to conduct a complete search of a home and its surroundings, the affidavit should specify a "premises" search and its "curtilage" and should identify any outbuildings such as garages, tool sheds or barns, where appropriate, and be aware of the possibility that more than one legal address may exist on the same lot, area or plot of land. Motor vehicles known to be on the premises that may be searched should be specified.
Searches (other than frisks for weapons) of specific persons on the premises shall be referenced in the affidavit by name if possible. The specific items to be searched for shall be detailed. Where the item may be dismantled (e.g. firearms), the warrant should authorize search for parts, pieces or components of that item.
Officers anticipating search of computers and related high technology equipment should consult a designated expert for appropriate language to use in the affidavit and procedures for seizure of hardware and software.
4. Time and Method of Search
A search warrant may be served at any time of the day or night as long as the affidavit provides good cause and specific permission is granted in the warrant.
Anticipatory search warrants may be sought when it can be shown that the evidence in question will be at a specific location at some time in the near future.
Officers may request a "no knock and announce" provision in the warrant when they have reason to believe that adherence to the knock and announce rule would endanger their safety or the safety of others, would enable wanted persons to escape or would likely result in the destruction of evidence before entry can be made.
Officers shall review search warrants issued by judicial authorities to ensure that they include all pertinent information set forth in the affidavit accurately and completely, and that the warrant has been properly signed. Officers shall not attempt to serve any warrant that is known to contain substantive or administrative errors.
4.19.5 PROCEDURES, SERVING A SEARCH WARRANT
1. The search team should include at least one uniformed officer whenever possible. All non-uniformed officers shall be clearly identified as law enforcement officers by wearing a distinctive jacket or some other clear indicator of office.
2. All members of the search team should be properly equipped with body armor and other equipment need for the current circumstances.
3. Additional assets should be considered and included in the service of the search warrant if such assets would aid in the safe and efficient execution of the warrant. Such assets could include, but are not limited to:
a. Tactical entry teams, such as S.W.A.T.B. Time Limitations on Search Warrant Execution
1. A search warrant shall be executed as soon as practicable within the conditions stated in state law. Circumstances that may necessitate a delay in executing a search warrant include, but are not limited to:
a. The need to have simultaneous searches executed at the same time, requiring coordination and mobilization of law enforcement resources.
2. Absent court approval, necessity or authorization by law, a search should be conducted during daylight hours.
1. Prior to entering the premises, the supervisor, case agent, or other responsible officer shall conduct a pre-entry briefing of the execution process with all search team personnel. The briefing shall include a review of the actual order of operations and procedures the search personnel will follow, a simulation of the conditions of the search site (using maps, charts and diagrams, when appropriate) and tactics and equipment to be used in the event of forced entry.
2. The supervisor, case agent, or other responsible officer shall attempt to determine if any circumstances have changed that make executing the search warrant at that time undesirable.
3. The supervisory officer shall ensure that the entire search warrant execution process is documented, from beginning to end and continued until the search team leaves the premises when possible. A written record , if practical shall be supported by photographs and/or, a videotaping of the entire search site from start to finish.
D. Entry Procedures
1. The approach to the scene shall be executed in a manner which best ensures a safe and undetected arrival to the scene and jump-off point. If a pre-execution surveillance team is on the scene, contact with the surveillance team should be made to ensure that it is an appropriate time to serve the search warrant.
2. The supervisor, case agent, or other responsible officer shall be responsible for ensuring that the search warrant is valid and that the property about to be searched is the property listed on the warrant.
3. The search personnel should, if possible, position themselves in the following manner:
Exits from the premises should be covered.
b. Uniformed officers should be plainly visible, if present, or those members of the search team shall be clearly marked as Law Enforcement Officers to conduct the entry.
c. Officers without clear Law Enforcement markings should be the last members to enter the search site or enter only when the search site is secure.
4. Notification
a. The supervisor, case agent, or other responsible officer, shall, in accordance to state law, notify persons inside the search site, in a voice loud enough to be heard inside the premises, that s/he is a police officer and has a warrant to search the premises, and that s/he demands entry to the premises at once.
E. On Premises Activities
1. The supervisory officer shall ensure that members of the search team conduct a security sweep of the search site prior to photos or searching being started.
2. After the search site has been secured, search personnel shall develop a prioritized strategy that details the likely whereabouts of the items to be seized and an order of operation for conducting the search.
3. Photographs of the location/person or thing to be searched should be taken prior to the search commencing.
4. The supervisory officer or designee shall read the warrant to the occupants of the premise or vehicle.
5. One person shall be designated as responsible for collecting, preserving and documenting all items seized until possession is transferred to the evidence custodian.
6. Items seized should be photographed in place prior to be collected.
7. If damage occurs during an entry to premises that will be left vacant, and the damage may leave the premises vulnerable to security problems, arrangements shall be made to guard the premises until it can be secured.
8. If damage occurs, the incident report should include the actions that caused the damage and a detailed description of the nature and extent of the damage.
9. The supervisory officer shall insure a copy of the warrant and an itemized list of property seized is left at the search location, with the person searched, or in the item searched.
10. The supervisory officer should see that exit photographs are taken prior to securing the search location or releasing it, to document the condition of the premise/vehicle or item.
Carla C. Piluso
Chief of Police ***BACK PAGE***