5.100 Search and Seizure

Question 1

In regards to Search and Seizure the department policy is to strictly adhere to which amendment?

Answer 1

It is the policy of this department to strictly adhere to the Constitution of the United States. The Fourth Amendment states:

The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated and no Warrants shall issue but upon probable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.

The Fourth Amendment protects an expectation of privacy must be both: (1) reasonable and (2) legitimate.

The rules in this policy apply to all interactions between police and persons within the United States, regardless of citizenship status.

Question 2

Prior to an officer making entry into a structure for a welfare check under the Community Care Taking Doctrine, the officer will:

Notify an area sergeant before utilizing the services of a locksmith or their personal lock picking device.

True or False?

Answer 2

True

Question 3

During Non-Criminal Investigations, what will the area sergeant do when notified?

Answer 3

When notified, the area sergeant will:

1. Acknowledge the call over the radio, and if feasible, respond to the scene.
2. Ensure the preliminary investigation has been conducted by the officer.
3. Confirm the need for the Community Caretaking Search.
4. Determine if the use of a locksmith or the use of an officer’s personal lock-picking device is appropriate.
5. Ensure additional units, resources, and medical have been requested, if needed.

Question 4

In regards to Written Search Warrants, what will a supervisor do?

Answer 4

The supervisor will:

1. Ensure the investigating officer has de-conflicted the investigation by notifying RISSafe per LVMPD 6.530, Using the RISSafe Nevada Watch Center. Additionally, when required, ensure the investigating officer contacted the investigative section/detail associated with the crime being investigated to further de-conflict.
2. Read the application and affidavit for a search warrant, ensuring the officer has established a probable cause nexus between the place to be searched and the items sought to be seized.
3. If applicable, ensure the officer corroborated information received from informants, identifying their reliability, source of knowledge and motivation per LVMPD 6.160, Informants and Associated Funds Management.
4. Verify all information which will be put into the application and affidavit for search warrant by reviewing all supporting documentation in the case file and the attached Incident Action Plan (if applicable).
5. Verify all other “officer responsibilities” have been completed.
6. After review, authorize affiant to contact a representative of the District Attorney’s Office for review and approval.

Question 5

In regards to obtaining a Telephonic Search Warrant, what should a supervisor do?

Answer 5

A telephonic search warrant should be requested only when EXIGENT circumstances exist and as determined by the supervisor.

Question 6

In regards to Obtaining a Telephonic Search Warrant for Evidentiary Blood Samples, what is a supervisor responsible for, excluding Traffic?

Answer 6

A patrol officer is to contact their supervisor to review the search warrant application, before calling the Judge. Traffic officers are exempt from this requirement.

A supervisor will (Traffic supervisors are exempt from this requirement):

1. Review the search warrant application to ensure it is supported with probable cause for an evidentiary blood sample, when notified by Communications an officer is:
   a. Making an arrest with probable cause to believe the subject is under the influence of intoxicating liquor or prohibited substance while driving or in actual physical control of a motor vehicle.
   b. In need of a search warrant to obtain the blood sample(s).
   c. In need of an authorized officer to obtain the search warrant.

Question 7

In regards to an Administrative Search Warrant service, what is a patrol supervisor responsible for?

Answer 7

Patrol Sergeant will:

1. Respond to the scene of all requests for assistance in serving an administrative warrant.
2. Review the content of the administrative warrant, ensuring a judge’s signature is affixed.
3. Based on the size and design of the structure, ensure the appropriate number of uniformed officers are present to search the structure.
4. Ensure a marked police unit is placed in view of the structure.
5. Prior to entering the structure, officers should announce their presence, the existence of a warrant to enter the structure, and give occupants a reasonable amount of time to exit the structure (consider utilizing the P/A system, if applicable).
6. Before entering the structure, ensure dispatch is aware officers are entering (Code Red is not required).
7. After securing the structure, ensure control is turned over to the administrative agency. The sergeant and administrative agency personnel will confer to determine if LVMPD officers need to remain on-scene.
8. Ensure an officer receives a copy of the warrant, write the LVMPD event number on the warrant and scan the warrant into OnBase.

Examples of Administrative Warrants:

Animal Control, Attorney General, Constable, Gaming Control, Health Administration, Child Protective Services, and Taxi-Cab Authority

Question 8

For a service preparation of a Non-SWAT Search Warrant, a patrol supervisor will?

Answer 8

The immediate supervisor will:

1. Ensure Search Warrant and Search Warrant Incident Action Plan is complete and accurate.
2. Approve and sign the IAP, thus indicating the supervisor has an understanding of the investigation and investigative strategy.
3. Ensure the briefing is conducted and the entry team members have the proper certification and equipment.
4. Determine entry team and search team assignments.
5. Ensure the area command and Communications supervisors are notified of the service of the search warrant (see LVMPD 7.235, Voice Radio Communications).
6. When necessary, coordinate with the area command supervisor for uniformed officer presence, K9, and the Air Unit to provide scene security until the event is secure.
7. Consider the need for the presence of medical personnel on stand-by prior to the search warrant service and have downed officer rescue plan in place.
8. When feasible, establish surveillance 30 minutes prior to search warrant service.
9. Ensure the warrant is being served between 7 a.m. and 7 p.m., unless a nighttime service request was authorized by the judge allowing officers to search at any time of the day or night.
10. Consider the use of a trick or ruse to cause the occupants to exit the premise; this is lawful to do as long as the ruse does not endanger the occupants or create an impression they are endangered. Once the subjects exit the premises, the officers will announce their authority and identify themselves before entering.
11. Contact the section lieutenant or authorized lieutenant designee of equal rank to approve non-SWAT search warrant service.