CPL- Session 15- Warrant Charts Flashcards
Arrest warrants are a process of which court?
LOCAL CRIMINAL COURTS
NOTE: A SUPERIOR COURT MAY ISSUE “SUPERIOR COURT” WARRANT
OF ARREST.
Arrest warrants may be addressed to:
POLICE OFFICER OR CLASSIFICATION OF POLICE
NOTE: G.A.O.E MUST COVER THE PLACE OFFENSE WAS COMMITTED OR THE LOCALITY OF ISSUING COURT
SEE 100.55 CPL
Arrest warrants may be executed by:
POLICE OFFICER, ETC. TO WHO ADDRESSED
POLICE OFFICER, ETC. TO WHOM PROPERLY DELEGATED
BUT SEE 120.55 THAT PERMITS PROBATION OR PAROLE OFFICERS TO “EXECUTE” UNDER CERTAIN CIRCUMSTANCES.
Which courts may issue arrest warrants:
ONLY WHERE THE ACCUSATORY INSTRUMENT IS FILED.
BUT SEE 100.55 RE: TOWN, CITY OR VILLAGE COURT.
SEE ALSO 120.40 RE: ATTACHING ACC. INST. TO WARRANT OF TOWN, CITY OR VILLAGE COURT.
Where may arrest warrants be executed:
STATE WIDE:
NYC CRIMINAL COURT
DISTRICT COURT
SUPERIOR COURT JUDGE SITTING AS LOCAL CRIM. COURT
ISSUING COUNTY OR ADJOINING*:
CITY COURT
TOWN COURT
VILLAGE COURT
*JURISDICTION CAN BE BROADENED BY ENDORSEMENT OF JUDGE IN COUNTY BEYOND ADJOINING COUNTY
How are arrest warrants delegated:
R.C.T.B. DEFENDANT IS IN OTHER THAN COUNTY OF ISSUANCE
AND
WARRANT CAN BE EXECUTED THERE WITHOUT ENDORSEMENT
AND
G.A.O.E. OF DELEGATED OFFICER COVERS PLACE OF EXECUTION
DELEGATION CAN BE BY PHONE, MAIL OR ANY OTHER MEANS.
When and how are arrests warrants executed:
ANY HOUR OF DAY OR NIGHT
INFORM OF REASON UNLESS:
FLIGHT
FIGHT
IMPRACTICAL
SHOW WARRANT IF ASKED AND IT’S WITH YOU
PHYSICAL FORCE OK IF NECESSARY
*KNOCK BEFORE ENTERING
UNLESS REASONABLY BELIEVE:
EVIDENCE
ENDANGER
ESCAPE
*BUT REMEMBER 3RD PARTY RULES IN ART. 690 CPL AND FAMILY COURT RULES.
What happens after a defendant is arrested on an arrest warrant
BRING TO ISSUING COURT:
IF ARREST IS FOR FELONY
OR
IN COUNTY OF ISSUANCE OR ADJOINING COUNTY
IF ARREST IS FOR LESS THAN FELONY
AND
MADE BEYOND ADJOINING COUNTY
OPTION OF COURT UNLESS IN DEFAULT OF BAIL.
IF WARRANT IS DELEGATED BEYOND ADJOINING COUNTY FOR A LESS-THAN-FELONY OFFENSE, DEFENDANT HELD FOR TWO HOURS AND THAN GIVEN THE OPTION UNLESS IN DEFAULT OF BAIL.
Defendant must be brought back to issuing court if:
FELONY
ANY OFFENSE IN ISSUING COUNTY OR ADJOINING COUNTY
IN DEFAULT OF BAIL
NOTE: IF COURT IS NOT AVAILABLE, BRING TO ALTERNATE COURT AS PER 120.90(5)
Search warrants are a process of which court?
LOCAL CRIMINAL COURT
Who can apply for a search warrant?
D.A.
POLICE
OTHER PUBLIC SERVANTS
Who can execute a search warrant?
A POLICE OFFICER TO WHOM ADDRESSED
MUST BE EXECUTED NOT MORE THAN 10 DAYS AFTER ISSUANCE.
CANNOT BE DELEGATED
To whom can a court address a search warrant?
POLICE OFFICER WHO WORKS IN A COUNTY WHERE ISSUING COURT IS
LOCATED (NEED NOT BE A SPECIFIC OFFICER. ANY OFFICER OF THE XYZ
DEPARTMENT)
IF SEARCH WARRANT IS VALID STATEWIDE:
ONLY POLICE OFFICERS WHO COVER THE ENTIRE COUNTY OR WHO WORK IN A CITY DEPARTMENT CAN TAKE IT BEYOND THE ADJOINING COUNTY
What local criminal court can accept search warrant applications?
COURT WITH PRELIMINARY JURISDICTION OVER OFFENSE
COURT WITH GEOGRAPHICAL JURISDICTION OVER THE PLACE TO BE SEARCHED
Where are search warrants executable?
ANYWHERE IN NYS IF ISSUED BY:
NYC CRIMINAL COURT
DISTRICT COURT
SUP. CT. JUDGE SITTING AS A LOCAL CRIMINAL COURT
ONLY IN COUNTY OF ISSUANCE OR ADJOINING COUNTY IF ISSUED BY:
CITY COURT
TOWN COURT
VILLAGE COURT
When can search warrants be executed?
BETWEEN 6:00 A.M. AND 9:00 P.M.
OR
BETWEEN 9:00 P.M. AND 6:00 A.M.
(IF SO ENDORSED)
Can police enter with a search warrant without knocking?
ONLY IF THE WARRANT IS SO ENDORSED
Must a search warrant be shown?
ONLY IF THE WARRANT IS REQUESTED
What factors must be present for “NO KNOCK” during a search warrant?
KNOCKING MAY CAUSE:
DANGER TO THE POLICE OR ANOTHER
EVIDENCE DESTROYED
What factors are needed for search warrant execution between 9:00 PM and 6:00 AM?
CAN’T EXECUTE BETWEEN 6:00 A.M. - 9:00 P.M.
EVIDENCE WILL NOT BE THERE IF NOT EXECUTED BETWEEN 9:00 P.M. – 6:00 A.M.
RE:3rd party dwelling search warrant
What are 9:00 P.M. -6:00 A.M. the
execution rules?
A PERSON WANTED ON ARREST WARRANT:
MAY FLEE
MAY COMMIT ANOTHER CRIME
MAY ENDANGER POLICE OR ANOTHER
RE:3rd party dwelling search warrant
What are the “NO KNOCK” rules?
A PERSON WANTED ON A FELONY ARREST WARRANT:
MAY COMMIT ANOTHER FELONY
MAY ENDANGER OFFICER OR ANOTHER
During the execution of a search warrant what property is subject to seizure?
RE: SEARCH WARRANT:
STOLEN PROPERTY
UNLAWFULLY POSSESSED PROPERTY
PROPERTY USED TO COMMIT OR CONCEAL AN OFFENSE
PROPERTY CONSTITUTES EVIDENCE
NOTE: RE: CONCEAL OR EVIDENCE, IF IT RELATES TO ANOTHER STATE, MUST BE FOR A FELONY
NOTE FURTHER: IF PROPERTY IS SEIZED, A RECEIPT MUST BE PREPARED ITEMIZING PROPERTY TAKEN AND NAME OF ISSUING COURT.
RECEIPT MUST BE
SUBSCRIBED BY POLICE OFFICER
AND:
GIVEN TO PERSON FROM WHO PROPERTY WAS TAKEN
OR
IF PROPERTY TAKEN FROM PREMISES OR A VEHICLE, GIVE RECEIPT TO OWNER, ETC., IF PRESENT. IF NO ONE IS PRESENT, LEAVE THE RECEIPT IN PREMISES
OR VEHICLE.
When executing a search warrant what does a police officer do with seized property?
RETURN TO THE COURT:
THE WARRANT
THE PROPERTY SEIZED
FILE A SWORN INVENTORY WITH COURT
