500-19 Warrant Service Procedures

Question 1

Officers are not to permit private investigators, bail enforcement agents, or any other citizens to participate in the execution of a warrant. With the approval of a _____, officers may permit members of the media, employees of the district attorney’s office, grand jurors, or citizens on a ride-along to view a warrant service from a safe distance. Barring this special authorization, citizens are not to accompany or be provided any information concerning the timing or details of a warrant execution.

Answer 1

division commander or higher authority

Question 2

Approved Specialized Training in Forced Entry Warrant Service.

Answer 2

Training provided by the Tactical Training Unit of the Training Division that is included in the Tactical Unit School for Crime Suppression Team officers and included in the mandatory quarterly training for Crime Suppression Teams on an annual basis.

Question 3

Arrest Warrant.

Answer 3

A written order from a magistrate commanding a peace officer to take the person accused of an offense to be dealt with according to law. This definition includes what is referred to as a “to be” warrant. A “to be” simply refers to an instance where the suspect is not in custody when the charge is filed.

Question 4

Search Warrant.

Answer 4

A written order, issued by a magistrate and directed to a peace officer, commanding the peace officer to search for any property or thing and to seize the same and bring it before such magistrate. Officers may only execute search warrants issued by a court of competent jurisdiction for the county in which the warrant will be served.

Question 5

Knock and Announce Arrest or Search Warrant.

Answer 5

A warrant that requires peace officers to knock, identify themselves and their purpose, and wait a reasonable amount of time for the occupant(s) to let officers into the structure. After a reasonable amount of time has elapsed and the occupant(s) have not provided access to the structure, officers may force entry.

Question 6

No Knock Search Warrant.

Answer 6

A No Knock warrant is a search warrant authorizing peace officers to enter a property without first knocking and announcing their presence or purpose prior to entering.

Question 7

Pocket Warrant.

Answer 7

In certain circumstances, officers may draft an affidavit and request that a magistrate issue an arrest warrant based on the affidavit prior to formally filing the charge. This type of warrant is often referred to as a “pocket warrant.”

Question 8

Contraband.

Answer 8

Any material, substance, or other item, the possession of which violates criminal statutes.

Question 9

DUE DILIGENCE

Prior to the execution of any arrest or search warrant, officers shall _____ on the suspect(s), wanted person(s), and/or location where the warrant is to be served. Officers should make reasonable efforts to contact the _____ if the wanted person is listed as a suspect in any other case so as not to interfere with on-going investigations.

If the person is flagged or otherwise identified in the Records Management System (RMS) as requiring notification to an investigator prior to making contact with the wanted person or suspect, officers shall _____. Investigating officers shall take all steps necessary to flag persons or locations in RMS to ensure that other officers are aware of the need to make contact prior to warrant execution.

Answer 9

1) conduct a query
2) division concerned
3) contact the division concerned where the warrant or investigation originated

Question 10

DUE DILIGENCE

Officers shall also contact the Narcotics Operations Control Center (NOCC) to avoid _____

Answer 10

any blue-on-blue incidents

Question 11

DUE DILIGENCE

Officers shall notify their supervisor and request permission to execute an arrest or search warrant prior to serving the warrant. A supervisor shall be on scene of any planned execution of an arrest or search warrant, other than _____

Warrant service outside of the Houston city limits requires approval from a _____.

Answer 11

1) a low risk or administrative search warrant.

2) commander or above

Question 12

DUE DILIGENCE

If the location of the arrest or search warrant is outside the Houston city limits, officers shall also seek the assistance of the _____.

Answer 12

police department, county sheriff, or precinct constable responsible for that jurisdiction

Question 13

DUE DILIGENCE

When actively participating or holding a perimeter during a planned attempt to serve an arrest warrant or other planned arrest or serving a search warrant that requires entry into a business, structure or dwelling, all officers, including plain clothes and task force officers (TFOs) shall _____

Answer 13

obtain and activate body worn cameras (BWCs). See General Order 400-28, Body Worn Cameras.

Question 14

CONTRABAND IN PLAIN VIEW WHILE SERVING A WARRANT

If officers observe contraband in plain view while serving a warrant, officers shall take the appropriate action to process the contraband. If it becomes necessary to obtain a search warrant to conduct a separate search, officers shall_____

Answer 14

consult with the concerned division and the district attorney’s office for further instructions.

Question 15

SEARCH WARRANTS

Alternate options should always be evaluated when considering how to approach any high-risk enforcement action. Officers and supervisors should consider a variety of options and scenarios prior to _____. Any search warrant for narcotics must be obtained by the Narcotics Division or with the_____

Answer 15

1) considering forcing entry into a building or structure
2) permission of a Narcotics Division lieutenant or person of higher rank from the Narcotics Division’s chain of Command.

Question 16

SEARCH WARRANTS

Prior to execution of any search warrant (other than a low risk or administrative search warrant) the supervisor in charge shall ensure that a Threat Assessment/Operational Plan form is completed and do the following:

a. Review the form for accuracy and _____.
b. Determine the level of threat to personnel and refer the _____ if required.
c. Contact the _____ for assistance in completing the form as needed.
d. Ensure the form is added to the case file or _____.

Answer 16

a. Review the form for accuracy and sign the completed form in the space provided.
b. Determine the level of threat to personnel and refer the warrant service to Special Weapons and Tactics (SWAT), if required.
c. Contact the on-call SWAT supervisor for assistance in completing the form as needed.
d. Ensure the form is added to the case file or attached to the incident report through lntellinetics.

Question 17

No Knock Search Warrants

In general, law enforcement will knock and announce their presence when serving a search warrant. However, if the facts and/or circumstances of a case establishing the probable cause include_____, then a No Knock Search Warrant may be considered.

A No Knock Search Warrant will not be permitted for use with _____.

Answer 17

1) the likelihood that knocking and announcing would be dangerous, futile, or would inhibit the effective investigation of the crime
2) non-violent offenses

Question 18

No Knock Search Warrants

Prior to any officer seeking judicial approval for a No Knock Search Warrant, the Chief of Police, or in his absence the Executive Chief or an Executive Assistant Chief must _____.

If the Chief of Police, Executive Chief or an Executive Assistant Chief allows an officer to seek judicial approval for a No Knock warrant, the judicial approval must be obtained from a _____.

Answer 18

1) review and approve the request in writing

2) district court judge

Question 19

No Knock Search Warrants

Upon approval of the Chief of Police, Executive Chief or an Executive Assistant Chief, all No Knock warrants written to include the possibility of immediate building entry shall be served by _____.

The _____ is only allowed to execute No Knock warrants when breaching perimeter fencing prior to knocking and announcing at a search warrant location.

Answer 19

1) SWAT Detail officers

2) Narcotics Tactical Team (NTT)

Question 20

Knock and Announce Search Warrants

Only _____shall be used to execute narcotics-related forced entry search warrants.

Answer 20

NTT or SWAT

Narcotics Tactical Team

Question 21

Knock and Announce Search Warrants

For any other Knock and Announce warrant execution, only officers who have received approved specialized training in _____ will be used as entry team members in forced entry search warrants.

Answer 21

forced entry warrant service

Question 22

Knock and Announce Search Warrants

If the execution of a search warrant requires forced entry, a marked unit shall be visible or as close to visible as the situation allows and will be utilized to _____

Answer 22

activate the siren and emergency lights to announce the officers’ presence.

Question 23

Knock and Announce Search Warrants

The entry team officers and officers assigned to the perimeter shall wear clothing that clearly identifies them as police officers and shall have _____

Perimeter security personnel may proceed into the structure once the entry team has deemed the location safe and a _____.

Answer 23

1) participated in the briefing of the search warrant.

2) secondary search has been completed

Question 24

Knock and Announce Search Warrants

All divisions serving forced entry search warrants shall develop a _____

SWAT and NTT will utilize a separate threat assessment set forth in their respective SOPs, which will be reviewed and approved by the _____.

Answer 24

1) standard operating procedure (SOP) providing additional guidance specific to their mission.
2) Executive Assistant Chief assigned over Investigative and Special Operations

Question 25

Low Risk and Administrative Search Warrants

Low risk and administrative search warrants are not subject to the requirements for Knock and Announce Search Warrants identified above.

Examples of low risk and administrative search warrants include, but are not limited to the following:

a. ____records
b. Safe deposit box at a ____
c. Packages or _____
d. Residence, business, or vehicle ______
e. _____unit

Officers shall consult with their supervisor to determine the best course of action in serving low risk and administrative search warrants.

Answer 25

a. Business records
b. Safe deposit box at a bank
c. Packages or pieces of luggage
d. Residence, business, or vehicle already under the control of law enforcement
e. Storage unit

Question 26

RETURN OF A SEARCH WARRANT

Not later than _____ after executing a search warrant, the affiant officer shall ensure return of the search warrant.

Upon returning the search warrant, the officer shall state on the back of the warrant, or on some paper attached to it, the manner in which the warrant has been executed. The officer shall also deliver to the magistrate a copy of the _____

Answer 26

1) three whole days

2) inventory of the property taken into possession under the warrant, Texas Code of Criminal Procedure, Art. 18.10.

Question 27

ARREST WARRANTS

Alternate options should always be evaluated when considering how to approach any high-risk enforcement action. Officers and supervisors should consider a variety of options and scenarios prior to executing an arrest warrant, such as______

Officers executing an arrest warrant must have a reasonable belief that the suspect resides at the place to be entered and _____ the suspect is present at the time the warrant is executed.

Officers shall not force entry into a structure for the purpose of _____.

Answer 27

1) waiting for the suspect to leave a position of advantage rather than forcing entry into a structure.
2) reason to believe
3) serving a misdemeanor arrest warrant

Question 28

ARREST WARRANTS

Prior to execution of any arrest warrant, the supervisor in charge shall ensure that a Threat Assessment/Operational Plan form is completed and do the following:

a. Review the form for accuracy and _____.
b. Determine the level of threat to personnel and refer the warrant service to _____.
c. Contact the _____ for assistance in completing the form as needed.
d. Ensure the form is added to the case file or _____.

Answer 28

a. Review the form for accuracy and sign the completed form in the space provided.
b. Determine the level of threat to personnel and refer the warrant service to SWAT, if required.
c. Contact the on-call SWAT supervisor for assistance in completing the form as needed.
d. Ensure the form is added to the case file or attached to the incident report through lntellinetics.

Question 29

ARREST WARRANTS

If the execution of an arrest warrant requires forced entry, a marked unit shall be visible or as close to visible as the situation allows and will be utilized to _____.

Only officers who have _____ shall be used as entry team members in forced entry arrest warrants.

Answer 29

1) activate the siren and emergency lights to announce officers’ presence
2) received approved specialized training in forced entry warrant service

Question 30

ARREST WARRANTS

The entry team officers and officers assigned to the perimeter shall _____ and shall have participated in the briefing of the arrest warrant.

Perimeter security personnel may proceed into the structure once the entry team has deemed the location safe and a _____.

Answer 30

1) wear clothing that clearly identifies them as police officers
2) secondary search has been completed

Question 31

ARREST WARRANTS

All divisions serving forced entry arrest warrants shall develop an SOP providing additional guidance specific to their mission. SWAT and NTT will utilize a separate threat assessment set forth their respective SOPs, which will be reviewed and approved by the _____.

The above procedures shall also be followed for_____

Answer 31

1) Executive Assistant Chief assigned over Investigative and Special Operations
2) “pocket warrants.”

Question 32

Confirmation of Arrest Warrants Held by the Harris County Sheriff’s Office

The Harris County Sheriff’s Office (HCSO) is responsible for maintaining all criminal arrest warrant files for Harris County.

In addition to the guidelines set forth in Section 1 of this General Order, an officer shall confirm that the warrant remains valid by contacting the HCSO, Criminal Warrants Division. Another verification shall be made no earlier than 30 minutes prior to attempting the arrest. The employee confirming the warrant shall obtain the following information:

a. _____ (e.g., indictment, “to-be,” motion to revoke probation, bond forfeiture) and type (e.g., assault, aggravated robbery, PCS) and level of charge (i.e., misdemeanor or felony).
b. Warrant number (OCA), court of jurisdiction, and _____
c. _____amount.
d. Name of the _____confirming the warrant.
e. Whether anyone else has _____.
f. Whether there were any _____.

Answer 32

a. Type of warrant (e.g., indictment, “to-be,” motion to revoke probation, bond forfeiture) and type (e.g., assault, aggravated robbery, PCS) and level of charge (i.e., misdemeanor or felony).
b. Warrant number (OCA), court of jurisdiction, and date the warrant was issued.
c. Bond amount.
d. Name of the Harris County deputy confirming the warrant.
e. Whether anyone else has confirmed the warrant.
f. Whether there were any prior service attempts entered.

Question 33

Confirmation of Arrest Warrants Held by the Harris County Sheriff’s Office

During arrest warrant verification, officers shall ask the HCSO or any other verifying agency if another agency or investigator is _____.

Officers needing to obtain warrants from the Montgomery County Sheriff’s Office or the Fort Bend County Sheriff’s Office shall _____.

Answer 33

1) currently seeking the wanted person(s) and shall contact that investigator for deconfliction purposes
2) contact those agencies for assistance

Question 34

Documenting Arrest Warrant Service Attempts

If the wanted person is arrested, the arresting officer shall immediately advise _____ personnel, which will prevent officers from trying to execute warrants that have already been served.

Answer 34

HCSO, Criminal Warrants Division

Question 35

Documenting Arrest Warrant Service Attempts

If an arrest warrant service attempt is made and the wanted person is not arrested, the officer shall call the _____ and notify them of the warrant service attempt.

If the officer has full access to JWEB, they may enter the service into JWEB in lieu of _____

Answer 35

1) HCSO, Criminal Warrants Division

2) calling the HCSO, Criminal Warrants Division.

Question 36

Documenting Arrest Warrant Service Attempts

Whether or not the warrant was successfully served, officers shall supplement the original HPD incident report as soon as possible but not later than _____.

The supplement shall contain all the details of the warrant service attempt. If the warrant service attempt was unsuccessful, the narrative shall include any…

Answer 36

1) the end of the shift.
2) additional information that the officer was able to obtain as to the suspect’s hang-outs, place of employment, vehicles driven, new address, cell phone number, social media profile, etc.

Question 37

Documenting Arrest Warrant Service Attempts

If the warrant originated from an outside agency or any other instance in which an original HPD incident report does not exist, then the officer shall _____

The officer shall contact the originating agency and notify them of their findings, including the _____ and any other information they were able to obtain.

Answer 37

1) create an original incident report documenting the necessary information.
2) new HPD incident number

Question 38

REQUESTS FROM OUTSIDE AGENCIES

Officers may refer outside agencies to the department’s _____, which is responsible for handling all requests from outside agencies for assistance in locating and arresting fugitives who are wanted for felonies and who are located within the city limits of Houston.

Answer 38

Major Offenders Division’s Fugitive Apprehension Team

Question 39

INFORMATION FROM CITIZENS ON OUTSTANDING ARREST WARRANTS

If an officer receives information from a citizen about a wanted suspect, the officer shall notify their immediate supervisor, verify that the warrant is active, and then…

Answer 39

contact the division responsible for the warrant to determine the appropriate course of action.

Question 40

INFORMATION FROM CITIZENS ON OUTSTANDING ARREST WARRANTS

If an officer receives information from a citizen about a wanted suspect, the officer shall notify their immediate supervisor, verify that the warrant is active, and then…

Answer 40

contact the division responsible for the warrant to determine the appropriate course of action.