Criminal Arrest warrants search warrants & raids Flashcards
how long does it take for OSPG to enter the information for a warrant
24 hours
What must an officer write if custody of a warrant if given to CID
booking
When serving an arrest warrant officers shall document
- Officer name/ id #
- jurisdiction of warrant and warrant number
- offense charged
- disposition
- name if person contacted during warrant service
- method of service
Who approves raids for a warrant
Commander EST
What are the components for a raid team
- undercover teams
-Arrest team
-security team - Coordinator
-Transporting unit
impound team
for a raid how many for the undercover team
2 undercover officer and 2 investigator
What kind of vehicle are used for a raid
marked vehicle
how many days does an officer schedule an appointment with an SAO if the felony warrant is not screened
30 days
Act 26 Maryland declaration of rights
when permission to search is granted, either by occupants or their agent a search warrant is not necessary
Stop & frisk : terry v ohio
When officers observe unusual conduct that leads them to reasonably conclude, in light of their experience, that criminal activity may be afoot and an individual may be armed and presently dangerous, officers shall identify themselves and make inquiries of such individual.
If nothing in the inquiry dispels the reasonable fear for the safety of the officer and others, the officer may conduct a carefully limited search of the individual’s outer clothing in an attempt to discover weapons. Such searches are reasonable
Search Incident to Arrest: New York v. Belton
A warrantless search of a vehicle’s entire passenger compartment may be made to include containers in the compartment, as a search incident to an arrest, for protection of the officer, and to prevent the removal or destruction of evidence. Belton is based on a search incident to an arrest, and not on the Carroll Doctrine.
Exigency & Mobility:
Warrantless vehicle searches are justified if there is probable cause that the vehicle contains contraband, and mobility is possible (exigency). Probable cause that justifies making an arrest is also generally sufficient for authorizing a search, given exigency (mobility). The search is justified by exigency, not as a search incident to an arrest. The Carroll Doctrine is not dependent upon a lawful arrest. However, officers must be able to cite reasonable articulable suspicion supporting the belief that the vehicle occupants are armed and dangerous to justify a frisk.
Odor of Marijuana & Probable Cause:
The Court of Appeals held that law enforcement officers have probable cause to search a vehicle when the law enforcement officer detects an odor of marijuana emanating from the vehicle, as marijuana in any amount remains contraband, notwithstanding decriminalization of possession of less than ten grams of marijuana; and or evidence of crime. There was probable cause to search the vehicles in question, based on law enforcement officers having detected the odor of marijuana coming from vehicles that Petitioners had been driving or in possession of`
Search Incident to Arrest: Arizona v. Gant (clarifies New York v. Belton)
In 2009 the Supreme Court decided the case of Arizona v. Gant. This case explained a common misinterpretation by law enforcement of New York v. Belton. Law enforcement had historically misinterpreted the Belton case, believing officers could automatically search a vehicle incident to the arrest of a driver or recent occupant of a vehicle.
Arizona V Gant explained that officers may search a vehicle incident to the arrest of a driver or occupant if one of the following situations applies (unless one of the other exceptions to the warrant requirement exists as
If it is reasonable to believe that the arrestee might access the vehicle at the time of the search (for example, if the arrestees outnumber officers on scene and cannot be secured), or
If it is reasonable to believe that the vehicle contains evidence of the offense for which the arrestee is being arrested (for example, in an arrest for DWI/DUI, the officer could articulate that evidence such as beer cans, cups with alcohol, etc., might be found within the vehicle)
Probable cause to believe the vehicle contains evidence of a crime (example, the odor of marijuana or a drug dog alert)
An item of contraband/evidence of a crime is located in plain view of the officer
Reasonable suspicion that leads to a Terry frisk of the person and the auto
An impound inventory of the vehicle (when conducted pursuant to General Orders)
Consent to Search the vehicle has been received
