301 Search and Seizure (V5)

Question 1

What must an officer due prior to securing a search warrant for a drug related violation?

Answer 1

b. Officers attempting to secure search warrants related to narcotics violations must contact the Narcotics & Vice Section prior to obtaining the warrant.

Question 2

g. Having been signed by the ______________________ that administered the oath, the search warrant application is sent to a queue for a judge’s review. Once the application has been signed by the judge, the search warrant can be served.

Answer 2

affiant and the supervisor

Question 3

Upon serving the warrant, must be done at the premises as well as provided to the judge?

Answer 3

Upon serving the warrant, a printed copy of the warrant and an inventory of seized items shall be left at the premises, and the warrant with a copy of the inventory shall be electronically returned to a judge to convey the outcome of the search.

Question 4

h. In-person warrant requests will only be permitted for:
(1).
(2).

Answer 4

(1) The Integrity & Special Investigations Unit (ISIU); or
(2) When a sworn member who has received prior approval from a department director or higher authority.

Question 5

2. 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 Form P-0394 (Search Warrant Request Checklist) Section 6 (Tactical information). If any of the items in Section 6 Tactical Information are answered “Yes”, the supervisor in charge shall confer with ___________________ to determine if the SWAT team will serve the warrant;

Answer 5

a SWAT supervisor

Question 6

(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 ______________________ 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 ongoing investigations. Officers needing NINJAS confirmation shall fill out the NINJAS submission form and submit it by fax (904) 346-5149 or online (http://162.143.24.118) to the Northeast Florida Investigative Support Center;

Answer 6

1. completed and submitted
2. least two hours

Question 7

After ensuring the search is not a high risk traffic stop and there are no conflicts with NIJAS, what must be done next?

Answer 7

(3) Complete an Operations Plan and briefing that includes assignments for both entry and search procedures;

Question 8

What is the required minimum when documenting the search prior to commencement?
Specifically photographs

Answer 8

(5) Ensure, at a minimum, that photographs and/or video(s) are taken prior to commencing the search and at the conclusion of the search;

Question 9

During the briefing prior to the execution for the warrant, the briefing shall include two things if possible?

Answer 9

photographs and charts

Question 10

Assigned specific duties of all officers involved shall be noted where?

Answer 10

(8) Assign specific duties to involved officers ensuring assignments are noted in the case file (i.e., who searched what room);

Question 11

Prior to the execution of the search warrant what policy must be reviewed?

Answer 11

(9) Ensure officers are aware of the Jacksonville Sheriff’s Office (JSO) policy and procedures for response to resistance, including the use of deadly force;

Question 12

(11) Ensure each officer involved is wearing _________________________;

Answer 12

approved body armor

Question 13

b. Prior to the service of any search warrant, the supervisor and officers shall, when possible:
(1)
(2)
(3)
(4)
(5)

Answer 13

(1) Determine the number of persons present and their identities;
(2) Determine if the occupants are armed;
(3) Determine if children are present;
(4) Check criminal histories when possible; and
(5) Check for dogs or other animals and determine how they are to be handled.

Question 14

e. The following procedures shall be followed when a search is conducted:
(2)
(3)

Answer 14

(2) Each occupant shall 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 shall read the warrant to the occupant(s) and read Miranda rights to all possible suspects;

Question 15

e. The following procedures shall be followed when a search is conducted:
(4) ____________________ shall designate officers to search specific areas. A ______________________ shall be assigned per room. Further assignments shall be made after each room is searched. A complete list of assignments shall be documented and maintained with the ____________________;

Answer 15

1. Supervisors
2. minimum of two officers
3. Operations Plan

Question 16

(5) The ____________________ shall be summoned to record the location items are found and photograph items subject to seizure. The ___________________ shall maintain a list of evidence and note the officer that located the items;
(6) Each article seized shall be ______________________by the _____________; and

Answer 16

1. lead officer
2. lead officer
3. individually bagged, sealed, and initialed
4. lead officer

Question 17

f. If damage occurs to a structure or vehicle during the service of a search warrant or arrest warrant, photographs of the damage shall be taken by the _______________________, unless additional processing is needed. A CSU detective shall be summoned if the situation calls for a more thorough processing. All photographs taken at the scene shall be placed in the ______________________.

Answer 17

1. supervisor at the scene
2. search warrant case file

Question 18

3. Execution of a Search Warrant in Order to Obtain Biological Samples [CFA 15.08]
   a. The ________________________in charge of the execution of a search warrant which has been issued for the purpose of obtaining a biological sample(s) (e.g., hair, saliva, blood etc.) shall:
   b. The lead officer assigned to serve the warrant shall:
   (3) ________________ the evidence with their initials and date of collection.

Answer 18

1. supervisor
2. Mark or tag

Question 19

How many officers will handle or transport the seized evidence?

Answer 19

4. Inventory of Seized Items [CFA 15.08]
   a. One officer (the lead officer, CSU detective, or other appropriate personnel) shall take possession of all articles seized as evidence. The officer shall not release the items to other officers for transportation as this will unnecessarily extend the chain of custody.

Question 20

c. All individually bagged items of evidence shall be secured in a ___________________ by ________________ in charge of the search warrant. The _________________ shall check the inventory for completeness and seal the bag with tape and his initials and ID number. The ____________________ shall write “Search Warrant” on the outer bag and provide their immediate contact information.

Answer 20

1. larger bag
2. the supervisor
3. supervisor
4. sergeant

Question 21

If the large bag containing the seized evidence arrives at the Property & Evidence Facility opened, what must happen?

Answer 21

(2) If Property & Evidence Facility personnel receive a bag with a broken seal, the supervisor in charge shall respond and verify the contents.

Question 22

All property seized shall be listed and match on what items?

Who is responsible to verify compliance by initialing?

Answer 22

d. All property seized shall be listed on a Form P–0009 (Property Storage Card). The inventory left at the scene, the return inventory for the judge, and the property listed on all reports must be the same. The supervisor in charge shall verify compliance by initialing the inventory.

Question 23

5. Return of a Search Warrant [CFA 15.08]
   b. In eWarrants, the search warrant and inventory shall be electronically returned ________________ of service to a judge for the judge’s signature and to convey to the judge the outcome of the search. This is accomplished by ___________________________________, then completing the “Sign and Serve” steps in the application.
   A. Time Frame

Answer 23

1. within 10 days
2. entering or uploading the inventory into the record of the warrant in eWarrants

Question 24

c. If a warrant is served, contraband is found, and an arrest is made related to the warrant, officers shall:
1.
2.
(SAO)

Answer 24

(1) Obtain probable cause arrest files from SAO Intake; and
(2) File the arrest cases with the filing attorney and leave a printed copy of the warrant in the original SAO warrant file.

Question 25

d. If a warrant is served, no contraband is found, but an arrest is made on charges unrelated to the warrant, officers shall:
1.
2.
(SAO)

Answer 25

(1) Obtain probable cause arrest files from SAO Intake; and
(2) File the arrest case with the filing attorney and leave a printed copy of the warrant in the SAO file.

Question 26

e. If a warrant is served but return service will be delayed due to the type of request (e.g., DNA, phone, computer, social media data, etc.), officers shall:

Answer 26

(1) Select the “Served - Pending Return” status in eWarrants; and
(2) Upon receiving return service, change the status to “Served” and enter the required inventory information.

Question 26

f. If a warrant is not served in a timely manner or the officer decides to let it lapse, the warrant shall be returned as unserved _____________________. This is accomplished by opening the warrant record in eWarrants, selecting “Mark Unserved” in the Actions dropdown menu, and providing an explanation in the textbox.
A. Time Frame

Answer 26

within 15 days

Question 27

b. In order for each eWarrants record to be a full record of the case file, all related documents shall be uploaded to the search warrant record in eWarrants via the File Attachments feature. Documents to be uploaded include, but are not limited to:
(1)
(2)
(3)
(4)

Answer 27

(1) Form P-0394 (Search Warrant Request Checklist);
(2) Operations plan with search assignment sheet;
(3) Inventory; and
(4) Form P-0393 (Search Warrant Case File Checklist).

Question 28

1. Per the ________________ and __________________ Amendments to the United States Constitution and Article I, Section 12 of the Florida Constitution, officers may not conduct a search without a search warrant unless an exception applies. The exceptions are explained below and may be recalled through the use of the acronym PEACH PIT:

Answer 28

1. Fourth
2. Fourteenth

Protective sweep
Exigent circumstances
Arrest
Consent
Hot pursuit
Inventory
Terry stop

Question 29

Search incident to arrest, when can a trunk of a motor vehicle be searched?

Answer 29

(3) If the arrest occurs in a motor vehicle, the passenger compartment, including closed containers, may be searched if there is reason to believe that evidence relevant to the crime with which the arrestee is being charged may be found in the vehicle. However, the trunk may not be searched unless consent is given, or contraband is found in the passenger compartment.

Question 30

Where will the search incident to arrest be documented?

Answer 30

b. Searches incident to arrest shall be documented on the Arrest and Booking Report.

Question 31

8. Exigent Circumstances [CALEA 1.2.4]
   a. Hot Pursuit:
   Is it lawful for an officer to in hot pursuit to chase a suspect for a misdemeanor violation?

Answer 31

8. Exigent Circumstances [CALEA 1.2.4]
   a. Hot Pursuit:
   (1) Officers may enter into a residence or other structure when in hot pursuit of a fleeing suspect.
   (a) Hot pursuit of a suspected misdemeanant is permissible where the misdemeanor is punishable by a jail sentence.