504 Execution of Search Warrants Flashcards

1
Q

.01 INTRODUCTION
B. The duties to search, definitions, requisites, issuance, scope, authority, and execution of search warrants are outlined
in Chapter __ of the Texas ___________.

A

18

Code of Criminal Procedure.

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2
Q

.02 GENERAL PROCEDURES
D. During normal duty hours, the Officer-in-Charge or Warrant Execution Supervisor assigned to units that do not routinely execute search warrants (i.e., Patrol and Traffic) must notify the ______ ______ Unit which has investigative responsibility for the offense listed in the search warrant, so any active investigations are not
compromised

A

Investigations Division

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3
Q

.02 GENERAL PROCEDURES
E. When executing search warrants after normal business hours, the Officer-in-Charge or Warrant Execution Supervisor assigned to units that do not routinely execute search warrants (i.e., Patrol and Traffic) must contact a ______ from the Tactical Response Unit, ____ ______ ______, Narcotics Unit, or _____ Detectives for guidance and assistance.

A

Supervisor
Repeat Offenders Program
Night

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4
Q

.02 GENERAL PROCEDURES
F. The Officer-in-Charge or Warrant Execution Supervisor must notify the ______ ____ (207-2495) prior to
execution of the search warrant. If a location of interest is listed with the Deconfliction Unit, the Officer-in-Charge or Warrant Execution Supervisor shall contact the officer who placed the location into deconfliction for resolution. Any conflicts not resolved shall be elevated to the _______ in charge of the unit who placed the location into deconfliction and the Warrant Execution Supervisor for resolution.

A

Deconfliction Unit

Supervisor

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5
Q

.02 GENERAL PROCEDURES
H. Prior to the execution of any search warrant:
2. Officers will utilize SAPD Form____, Police Arrest/Search Warrant Checklist, for ______ Search Warrants or any crimes of violence.

A
#8-PWC
Felony
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6
Q

.03 DECONFLICTION
A. The South Texas HIDTA Investigative Support Center (managed by SAPD) has been designated as the hub for deconfliction
services by the South Texas HIDTA Executive Board. As such, it is the ________ for the entire South Texas Region.

A

single point of contact

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7
Q

.03 DECONFLICTION

B. _______ officers will deconflict through HIDTA on Arrest and Search Warrants.

A

Plainclothes

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8
Q

.03 DECONFLICTION
B. Plainclothes officers will deconflict through HIDTA on Arrest and Search Warrants.
1. Prior to executing a planned felony arrest or search warrant, the _____ _ _____ will contact the South Texas HIDTA Investigative Support Center at 207-2495 and provide all necessary information for the de-confliction
process to take place.
a. Information to be provided will include:
(1) a physical address,
(2) ________ or intersection.

A

Officer-In-Charge

block number

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9
Q

.03 DECONFLICTION

B.3. A minimum ___ hour advanced notice to the Deconfliction Center is required for optimum conflict resolution.

A

two (2)

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10
Q

.05 TIME OF SEARCH
A. A search warrant is executed in accordance with Code of Criminal Procedure Article ____. This article defines the
time allowed for the execution of a search warrant, exclusive of the day of its issuance and the day of its execution, is:
1. ____ whole days if the warrant is issued solely to search for and seize _____ from a specific person for DNA analysis and comparison, including blood and saliva samples; or
2. ____ whole days if the warrant is issued for a purpose other than described by Subdivision (1).

A

18.07
Fifteen (15)
specimens
Three (3)

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11
Q

.05 TIME OF SEARCH
B. Within the above period allowed for execution, the time of the actual execution is determined based on the following
considerations:
1. The execution should occur when the _____ to be seized is believed to be present;
2. The execution should occur when the least _______ is expected, or when resistance can best be controlled;
3. Other such considerations of safety, success, and convenience as may be applicable; and
4. There are ________ on the continuous search of a location once actual entry has been made.

A

property
resistance
no time limits

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12
Q

.06 SCOPE OF SEARCH
A. A search warrant is executed at, and the search made of, only the place or places described in the warrant.
1. The search may extend to all buildings or structures within the _______ of the described place where the items sought may be kept.

A

curtilage

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13
Q

.06 SCOPE OF SEARCH
C. Items discovered during a ______ search, but not named in the search warrant may be seized if:
1. They were found in a place reasonably within the _____ of the search; and
2. There is probable cause to believe they are stolen, or are evidence or _______ of a crime.

A

lawful
scope
instruments

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14
Q

.06 SCOPE OF SEARCH
D. Persons named in the search warrant are searched and any person(s) the officer(s) develop _______ _______ to believe is armed are _______. The officer(s) may search persons found on the premises to prevent the disposal or ________ of any instruments, articles, or things particularly described in the warrant, if there is ______ ______ the person(s) may have such items upon his person.

A

reasonable suspicion
frisked
concealment
probable cause

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15
Q

.06 SCOPE OF SEARCH
D. In determining whether probable cause exists officer(s)
consider:
1. The nature and physical ______ of the item sought;
2. The ease with which the item may be disposed of, if so concealed;
3. The fact, if true, the item has not been located upon the premises; and
4. The ________ of the person to the premises, including ownership, residence, frequenter, and to those in
control of the premises.

A

characteristics

relationship

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16
Q

.08 PLANNED FORCED ENTRY
C. In all planned forced entries, the Warrant Execution Supervisor ensures enough officers are present to adequately _____ the safety and security of all persons involved.
1. This includes the presence of _____ _____ to identify the group as members of the Department.
2. In normal circumstances, uniformed officers enter the premises with _______ officers.

A

protect
uniform officers
nonuniformed

17
Q

.09 SEARCH PROCEDURE
A. Persons other than peace officers, police , _____ _____ and members of the District Attorney’s Office are not allowed to accompany officers in the execution of a search warrant, unless approved in advance through the _________________.

A

legal advisors

Office of the Chief of Police

18
Q

.09 SEARCH PROCEDURE

B. Entry into the premises is accomplished by the least _______ means possible under the circumstances.

A

forceful

19
Q

.09 SEARCH PROCEDURE
B. Entry into the premises is accomplished by the least forceful means possible under the circumstances.
1. When entering _______ premises, officers knock, announce their identity, and demand admittance. They then wait to be admitted and explain their purpose if so requested.
b. The officer in charge should articulate in the affidavit these specific exigent circumstances if they exist at the time the _______ is prepared, requesting specific authorization in the warrant for a _____ entry.

A

private
affidavit
no-knock

20
Q

.09 SEARCH PROCEDURE
C. Whenever possible, upon entering a building or other premises, uniformed officers are on site and in____ ____ to
assist in locating and controlling the movements of all persons.
1. ________ force may be used to secure the premises.

A

plain view

Necessary

21
Q

.09 SEARCH PROCEDURE
D. When the premises have been secured, a _______ team conducts the search. The searching team is composed of as
few officers as is ______ and may include members of the security team.

A

searching

practical

22
Q

.09 SEARCH PROCEDURE

D. 3. ____ officers should be assigned to search a single room or area, if possible.

A

Two (2)

23
Q

.09 SEARCH PROCEDURE
D. 5. All items seized are turned over to the , _______ officer along with the record of the search. That officer makes a ______ ______ for all items seized for the person from whose possession or control they were taken and completes the return of the warrant by attaching an inventory of the items seized and delivering it to the _______. The inventory list may be used in lieu of the property receipt.

A

evidence
property receipt
magistrate

24
Q

.09 SEARCH PROCEDURE
D. 7. The officer in charge submits a written report following the execution of the warrant regardless of whether or not the search proved _____. The original is routed to the _________ and a copy is routed to the unit
commander.

A

fruitful

Records Section

25
Q

.10 ARRESTS DURING SEARCH
D. There is no requirement in the law that persons on the premises at the time of the search identify themselves unless there is _____ ______ of some involvement in criminal activity or the person is a witness.

A

reasonable suspicion

26
Q
.11 TRAINING
A. When executing a planned “high risk” forced entry, prior to assignment as an entry team, security team or search team member, the officer, detective and supervisor will be provided training for the specific duties assigned while executing the search warrant. The training will be documented and will include, at a minimum, the following
courses of instruction:
1. Intelligence gathering;
2. Building entries;
3. \_\_\_\_ clearing;
4. Weapons handling;
5. \_\_\_\_\_ techniques;
6. Shield handling techniques; and
7. Evidence \_\_\_\_\_\_ procedures.
A

Room
Breaching
handling