301 Search and Seizure Flashcards
Officers attempting to secure warrants related to narcotics violations must contact the ………………… prior to obtaining the warrant. This coordination with the ……………….. is to determine if an ongoing investigation is already in progress. If an investigation is ongoing, officers will coordinate their efforts with the ………………………
Narcotics Unit.
Narcotics Unit.
Narcotics Unit.
Officers must complete a Search Warrant Request Checklist (Form P-0394) and be prepared to execute a sworn affidavit setting forth the following points:
(1) A precise physical description of the premises to be searched, to include:
(a) Type of structure (apartment, single story dwelling, etc.);
(b) Type and color of construction (wood, block, brick, stucco, etc.);
(c) Any posted numerical address and the location of the numbers (above front entry door, front of premises, etc.);
(d) The directional location (e.g., 3rd residence on the north side of Beach Blvd, east of Huffman Rd; building on the southwest corner of 1st St and Florida Ave); and(e) Any unique characteristics that would identify the premises.
(2) A clear statement describing the property or evidence which is the subject of the search warrant; and
(3) A complete and accurate statement of probable cause.
Officers who have the affidavit and warrant typed up and blue backed before coming to the State Attorney’s Office (SAO) will check to make certain that the assigned SAO number has been written in black ink on both original warrants. If warrants are electronically prepared, officers will bring the warrant information on an electronic medium to the……………. as well as the hard copy.
State Attorney’s Office
Officers will present the ……….and…………. to a Judge for the Judge’s approval and signature. The judge will have the officer sign the affidavits and warrants as the affiant in the judge’s presence. Once the affidavits and warrants have been signed by the affiant and the judge, the officer will take both of the signed warrants. Upon serving the warrant, one original signed warrant and an inventory of seized items will be left at the premises, and the other original signed warrant will be returned to a judge to convey the outcome of the search. Although the affidavit is normally attached to the warrant, it is not necessary that the officers executing the warrant leave a copy of the affidavit at the premises searched. The original search warrant shall be delivered to the Felony Intake Department of the SAO. The SAO Intake Department will file the original search warrant with the Clerk of the Court for sealing. Officers are to make copies of the warrant for their case files.
original affidavits and warrants
- Execution of Search Warrants for Premise(s), Structure(s), and/or Conveyance(s) [CALEA 74.3.1, CFA 15.08]
a. The Supervisor in charge shall:
(1) Determine if the search warrant is high risk in nature by completing the Search Warrant Request Checklist (P-0394) Section 6 (Tactical information). If any of the items in Section 6 Tactical Information are answered “Yes”, the supervisor in charge will confer with a SWAT supervisor to determine if the SWAT team will serve the warrant;
(2) Authorize and coordinate the execution of the warrant and ensure that a Narcotics Information Network Joint Agency System (NINJAS) de-confliction request has been completed and submitted at……………..prior to the warrant being served. NINJAS is a cross reference information source that prevents other officers, units and outside agencies from conducting investigations, search warrants or arrest warrants that would interfere with on-going investigations. Officers needing NINJAS confirmation shall fill out the NINJAS submission form and submit it by fax (904) 346-5149 or on-line (http://162.143.24.118) to the Northeast Florida Investigative Support Center;
least two hours
The following procedures shall be followed when a search is conducted:
(1) Upon entry, a protective sweep shall be made of the entire premises;
(2) Each occupant will be detained, searched, and brought into one secured room where an officer is assigned to remain with the subject(s) at all times;
(3) An assigned lead officer will read the warrant to the occupant(s) and read Miranda rights to all possible suspects;
(4) Supervisors will designate officers to search specific areas. A minimum of two officers will be assigned per room. Further assignments will be made after each room is searched. A complete list of assignments will be documented and maintained with the Operations Plan;
(5) The lead officer will be summoned to record the location items are found and photograph items subject to seizure. The lead officer will maintain a list of evidence and note the officer that located the items;
(6) Each article seized will be individually bagged, sealed and initialed by the lead officer; and
(7) If any valuable articles, not subject to seizure, are encountered, officers will take reasonable measures to ensure the security of these articles.
All individually bagged items of evidence will be secured in a larger bag by the ……….. of the search warrant. The ………………..will check the inventory for completeness and seal the bag with tape and his initials and ID number. The ………… will write “Search Warrant” on the outer bag, and provide their immediate contact information.
(1) The sealed bag is to be opened by Property and Evidence Facility personnel only; and
(2) If Property and Evidence Facility personnel receive a bag with a broken seal, the supervisor in charge shall respond and verify the contents.
supervisor in charge
supervisor
sergeant
Executing law enforcement officers, will within …………….of the service of the warrant and upon return of the inventory and signature of the judge, hand carry the original warrant to Felony Intake (located in the State Attorney’s Office law enforcement entrance on Duval St.) for logging and filing with the Clerk of the Court. The SAO Felony Intake Department will file the original search warrant with the Clerk of the Court.
10 days
If a warrant is not served in a timely manner, or the officer decides to let it lapse, the original signed warrants will be returned to the Felony Intake Department of the SAO within …………..
fifteen (15) days.
A case file will be completed and maintained for every search warrant obtained by Sheriff’s Office personnel. The ………………………will be the central depository for search warrants case files for the agency.
Narcotics/Vice Section
The Narcotics/Vice Section shall maintain a database, which has the capability of tracking search warrants by the following:
(1) Location;
(2) Arrestee/Defendant;
(3) Confidential Informant/Source; and
(4) Target(s) of Pending Search Warrant.
All completed search warrant case files (including the Search Warrant Request Checklist and the Search Warrant Case File Checklist) involving Patrol will be delivered to and maintained by the ……………….
Narcotics/Vice Section.
The completed case file from the Patrol Division and reports from the Investigations Division must be delivered to the Narcotics/Vice Section within ……………. of the conclusion of the investigation, unless approved by an Assistant Chief or higher authority.
ten 10 working days
A completed copy of the case file involving Patrol Division personnel shall be maintained in the …………….
respective zone office.
It is strongly recommended that consent searches only be conducted with ……………, using the proper department form. If the individual indicates that he will consent to a search but refuses to sign the Consent to Search Form (P-0492), fill out the form anyway and indicate “consented to search but refused to sign”, inserting initials and the signature of any witness in the signature block
written consent
