14. Executing Search Warrants

Question 1

If I want to secure a dwelling for a warrant, what must I have?

Answer 1

I must have probable cause to search the dwelling before I secure it.

Question 2

What are the two ways premises are secured outside or inside?

Answer 2

Controlling the outside perimeter (any evidence located within an unoccupied dwelling can be fully protected by controlling access from the outside)

Entering the dwelling and conducting a physical surveillance inside (If police choose this method, they must have specific information supporting an objectively, reasonable belief that evidence will indeed be removed or destroyed, unless preventative measures are taken)

Question 3

What if I acquire evidence while securing the scene?

Answer 3

No information acquired while securing the scene may use for probable cause.

Question 4

Once I secure a dwelling from the outside, can I stay inside?

Answer 4

Nope get your ass out.

Question 5

When may officers begin their search of a dwelling?

Answer 5

Once they secured a warrant and have it in-hand at the scene.

Question 6

Can I secure a person for a warrant?

Answer 6

Yes (ex. The police were investigating an arson murder and detained the defendant until they had a warrant to seize his clothing and sneakers to test them for traces of accelerant)

Question 7

May I secure possessions pending a warrant issuance?

Answer 7

Yes

Question 8

Massachusetts search warrant law requires a warrant to be executed as soon as a reasonably possible, but never more than this many days after issuance.

Answer 8

7 days

Question 9

Does the Massachusetts search warrant law authorized nighttime searches between 10 PM and 6 AM?

Answer 9

Yes, however the affidavit must state the reasons for a nighttime search.

Question 10

The Massachusetts search warrant law requires that police officers knock and announced their presence and this before forcibly entering a residence

Answer 10

They must also announce their purpose.

Knock, announce presence, and purpose, then forcibly enter

Question 11

What are the three reasons for the knock, announce their presences, and purpose before forcibly entering a residence?

Answer 11

Prevent violence
Prevent property damage
Protect privacy

Question 12

What are the only two situations where police may legally avoid knock & announce?

Answer 12

They have a no-knock search warrant or,

They enter to prevent imminent harm (like domestic violence). Immediate risk of death or serious injury.

It is no longer permissible for a judge to issue a no knock search warrant because the police feel evidence may be destroyed.

Question 13

Do I need a SEARCH warrant for knock and trick?

Answer 13

Yes, as long as you have a search warrant, deception may legally replace the knock & announce requirement that police announced their identity and purpose.

Question 14

A no-knock SEARCH warrant is limited to what type of situation?

Answer 14

A dangerous situation.

Failure to comply with the rules governing search warrant entry results in suppression of the evidence found inside chapter 276, section 2D .

Question 15

Who may issue a no-knock search warrant?

Answer 15

A judge only (not a magistrate) go by statute law

There must be probable cause of danger

No minor or elder inside, unless a possible victim

Judge will no longer issue this warrant if the only reason is based on the destruction of evidence.

FYI, an arrest warrant no knock is less stringent and may be approved by a clerk magistrate. There is no statute backing up this common law only.

Question 16

For a knock and trick, you must have a warrant as opposed to the other knock example on 11-11 where they put somebody’s body in front of the peep hole (plain view chapter)

Answer 16

The knock and using the peep hole to put a body in front of did not need a warrant. Nobody (police & perp) said anything in this case, they did not force the defendant to open the door, he voluntarily did, which enabled police to seize his cocaine.

For a knock and trick when they say hey, Pop-Warner football you need a warrant for this. check page 14 – 3.

Question 17

May I detain the occupants while searching with a search warrant for contraband?

Answer 17

Yes, I have the authority to detain occupants while the search occurs.

Question 18

If I’m executing a search warrant for evidence in a dangerous situation, may I frisk and handcuff the occupants?

Answer 18

Yes, the Supreme Court ruled this was proper…they said in such inherently dangerous situations the use of handcuffs minimizes the risk of harm to both officers and occupants.

Question 19

Should I bring the affidavit with me to the scene of the search?

Answer 19

Yes, unless it will compromise the investigation.

If the warrant later, turns out to be defective, for some reason, information in the affidavit may rescue it, but only if the affidavit was attached to the warrant at the time of execution.

Question 20

Is it OK to photograph the interior of a home during a search warrant?

Answer 20

Yes, to prevent false claims about the extent of damage caused by the police action.

Question 21

May civilians offer assistance when serving a search warrant?

Answer 21

Yes, if they can provide technical expertise on retrieving certain types of evidence, (such as electronic data) they can be used HOWEVER must be included in the search warrant for approval by the judge.

Question 22

Under a search warrants, police may only search those areas where the objects to be seized could be?

Answer 22

Reasonably be found.

Question 23

May I continue to search if all items in the warrant have not been accounted for?

Answer 23

Yes, the search must end when all items have been found.

Question 24

When I have probable cause to search a home or dwelling, what other areas does that include?

Answer 24

It also includes the basement and attic.

Also, a garden or shed within the curtilage . Also a car if it’s in the driveway (not parked on public street)

Question 25

Does a search warrant for the home automatically cover vehicles within the curtilage that are owned by and controlled by the occupants?

Answer 25

Yes, the driveway is automatically covered for search warrant purposes.

Question 26

What is the written list of items seized in a warrant called?

Answer 26

Return

Question 27

How many days do the police have to serve and file the return of a search warrant?

Answer 27

7 Days. The seven day period does not start until the day after the warrant is issued.

Exception, electronic devices (cell phones) may be examined beyond 7 days.

Question 28

If a motion to suppress evidence is granted, what must Police do with that evidence?

Answer 28

Give it back to the defendant.

Question 29

Search warrants versus arrest warrants (the difference)

Answer 29

Both can be issued by a magistrate, but only a no knock search warrant can be issued by a judge.

Search warrants no knocks are highly regulated in chapter 276, section 2D whereas arrest warrants no knocks are common law.

Question 30

What are the hours of a nighttime search warrant?

Answer 30

10:00 pm - 6:00 am

Police must state in their affidavit the reason for a nighttime search warrant.

Question 31

How much time must elapse after a knock & announce before the police force entry?

Answer 31

No time has been established by the SJC.

Question 32

True or False?

If an officer fails to comply with the restrictions under a 276 section 2 no knock entry evidence will be suppressed.

Answer 32

True

Question 33

Who may issue a no knock warrant?

Answer 33

A judge

Probable cause of danger

No minor or elder inside unless possible victim. Adult over the age of 65.

Question 34

Knock and trick rule

Answer 34

If you can trick a person into opening the door, it is not force. Deception may legally replace the requirement that police ANNOUNCE identity and PURPOSE.

Question 35

A search warrant for contraband carries with it the authority to detain occupants while this occurs?

Answer 35

The search. This does not include visitors. By occupant the court is referring to the type of person who as a resident would ordinarily remain to observe the search of their possessions.

Question 36

If a search warrant concerns dangerous activity, then ok to do this:

Answer 36

The occupants may be frisked and handcuffed.

Question 37

To search occupants on scene, it must be authorized by the warrant or another legal rule.

Answer 37

Also, people who arrive after police injure may be detained and searched under the authority of an all persons present warrant

Question 38

True or false?

In executing a warrant police officers may search any area within the dwelling, in the curtiledge or any area within the dwelling of person specified on the warrant.

Answer 38

False, under a warrant POLICE MAY only search those areas where the objects to be seized, could be REASONABLY BE found.