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detective test > *****DIRECTIVE 5.7 > Flashcards

*****DIRECTIVE 5.7 Flashcards

0
Q
  1. The determination concerning when a search warrant must be obtained will be based on what.
A
  1. Pertinent legal guidelines and consultation with a supervisor
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1
Q

SEARCH WARRANTS

A

5.7

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2
Q
  1. all search warrant applications MUST be submitted to who

2. Why

A
  1. the District Attorney’s Charging Unit (DACU).

2. For review prior to submitting to a judge or bail commissioner.

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3
Q
  1. What is the purpose of a search warrant.
A

To search and seizure :

 1.  Contraband , the fruits of a crime, or things otherwise criminally possessed. Or
 2.  Property which is or has been used as a means of committing a criminal offense. Or
 3.   Property which constitutes evidence of the commission of a criminal offense.
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4
Q
  1. To obtain a search warrant, sworn personnel MUST
A
  1. Have thoroughly investigated a complaint or gathered information as to convince a disinterested party (judge or bail commissioner) that probable cause exists to justify a search
  2. Consult with his highest ranking supervisor
  3. Prepare a 75-175.
  4. Fax completed 75-175 to the DACU for approval
  5. If declined from DACU, obtain the record of Declination.
  6. Write DACUs approval in the margin and include the Ada name, date, and time.
  7. The approved faxed copy returned from DACU will be maintained by the investigator and remain as part of discovery.
  8. Present the original application and affidavit (and continued if necessary 75-51) to a judge or bail commissioner at arraignment court.
  9. Make no corrections ,additions , or deletions on any copy of the 75-175 once the judge or bail commissioner has possession of it.
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5
Q
  1. After the DACU evaluate the affidavit for a search warrant, where will he note his approval or disapproval.
A
  1. In the margin.
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6
Q
  1. When is the record of declination form needed from DACU.
A
  1. If the Ada disapproves or significantly modifies the affidavit.
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7
Q
  1. When is the record of declination NOT needed.
A
  1. If the DACU modifications amount only to handwritten notes on the 75-175 for the purposes of strengthening the probable cause aspect of the search warrant.
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8
Q
  1. Once the affidavit is possessed by the judge or bail commissioner, the officer may NOT.
A
  1. May NOT make any corrections, additions, or deletions on the copy or make any additional oral additions to it.
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9
Q
  1. Search and seizure warrants that have been signed by a judge or bail commissioner will NOT BE
A
  1. VOIDED.
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10
Q
  1. What will happen to search warrants that have NOT been served in a specified period of time.
  2. What is the specified period of time.
A
  1. The will be voided.

2. Two days from the date of issuance.

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11
Q
  1. Supplementing a search warrant orally at the time it is signed by a judge or bail commissioner is what
A
  1. NOT acceptable.
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12
Q
  1. What is rule 2003 b.

2. What should be done if relevant facts arise while the judge has the affidavit

A
  1. Oral additions will not be admissible at a subsequent suppression hearing.
  2. The investigator must complete a 75-175, or 75-51 (supplemental) and swear to it .
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13
Q
  1. When the offense has already been reported what DC numbers will be used.
  2. If it hasn’t
A
  1. The original DC numbers

2. Obtain DC numbers from the district of occurrence.

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14
Q
  1. What must be specifically described in the search warrant
  2. Why
A
  1. The premises or person to be searched
    And
  2. The items to be seized must be specifically described in the warrant.
  3. So that the judge or bail commissioner and executing officer have no doubt as to whom or what can be seize and where they may be found.
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15
Q
  1. How should the investigator describe a building in a warrant
A
  1. Street name and number (no intersections)
  2. Where it will take place (vehicle/building)
  3. Use exact numerical location.
  4. Number of stories.
  5. Apartment number
  6. Type of constructions (brick,wood, etc)
  7. Single home, apartment, twin structure , etc
  8. Particular markings
  9. Color
  10. Any additional info which serves to identify a particular premise.
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16
Q
  1. How should persons be described in a warrant.
A
  1. Name, alias, or nicknames
  2. Date of birth
  3. Race
  4. Sex
  5. Height
  6. Weight
  7. Build
  8. Hair and eye color
  9. Tattoo, physical deformities, injuries, and additional info which serves to identify the person.
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17
Q
  1. What must the warrant include.

2. What should the warrant include , where applicable

A
  1. Name and/or description of owner, occupant, or possessor of the premise or property to be searched.
  2. The particular crime that has been or is being committed
  3. What probable cause exists for a search
  4. Surveillance gathering
  5. Reasons for believing that the item or person are located at the premise specified and why they should be the subject of a seizure.
  6. Facts known to the officer concerning:
    A. Potential for destruction of evidence
    B. Potential for the removal of evidence, contraband, etc
    C. Threats of harm to police personnel should also be clearly
    Listed on the warrant.
  7. If a nighttime warrant is needed.
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18
Q
  1. What is probable cause
A
  1. The existence of facts and circumstances that would justify a person of reasonable caution to believe:
    A. That an offense has been or is being committed
    B. That the particular person or item to be seized is reasonably
    Connected to the crime, and
    C. That the person can be found at a particular place or the item
    Can be found in the possession of a particular person or at a
    Particular place.
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19
Q
  1. The facts and circumstances on a warrant must be what

2. They cannot be what.

A
  1. They must be real

2. They cannot be speculation or a hunch by the officer.

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20
Q
  1. If the investigator is requesting a nighttime search warrant, what must he do
  2. If a nighttime warrant is approved by a judge or bail commissioner, what must they do
A
  1. Explain why the search should be carried out in other then daytime hours.
  3. Specifically note on the warrant that he is authorizing such a search.
  4. Sign his name on it.
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21
Q
  1. What time is a daytime search warrant served.
A
  1. Between 6:00 AM and 10:00 PM
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22
Q
  1. What time is a nighttime search warrant served.
A
  1. Between 10:01 PM and 5:59 AM
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23
Q
  1. If an officer wants a nighttime search warrant , what must he state
  2. What is usually accepted
A
  1. He must state additional probable cause to support such a search.
  2. Evidence may be moved or destroyed
  3. The threat of serious bodily injury or death.
  4. Other exigent circumstances exist.
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24
Q
  1. What must the judge or bail commissioner complete on the search warrant affidavit
  2. What is the JURAT.
  3. Where is the JURAT located
A
  1. The JURAT.
  2. The clause located directly under the probable cause, which states when, where , and before whom such affidavit was sworn.
  3. On the center right of the 75-175
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25
Q
  1. As a result the signature and seal of the issuing authority will appear a total of how many times.
  2. Where
  3. Or where , if no supplemental is used.
A
  1. Twice
  2. Once on the bottom section of the 75-175 (affidavit) and once on the JURAT section of the 75-51
  3. Or twice on the 75-175. If no supplemental is used.
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26
Q
  1. When search warrants are based of off information obtained from informants and third parties, what have the federal and state Supreme Court established for assessing the warrant applications
  2. How will the courts review the affidavits concerning informants
  3. How will the courts NOT review the affidavits concerning informants
A
  1. The test of the totality of the circumstances.
  2. The affidavits will be reviewed in their entirety and significance given to each relevant piece of information provided by the informant.
  3. They will not view them based exclusively on their credibility and reliability of the informant.
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27
Q
  1. Since reliability and credibility are significant factors in search warrant applications, when information is based of an informant. What can an officer do to enhance the information from the informant
A
  1. Through an officers independent investigation and observation and additional corroboration of the informants and third party’s information.
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28
Q
  1. Why is an officers thorough investigation and analysis important when dealing with informants.
A
  1. Because informants can intentionally give false and misleading information.
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29
Q
  1. When dealing with informants and probable cause for a search warrant. Officers should include the following on the warrant to enhance the credability of the informant
A
  1. Documentation of past use of the informant
  2. Number of times the information provided proved truthful
  3. Number of times past information led to arrests and convictions
  4. How often the information has been used.
  5. Type of investigations in which the informant has previously supplied information
  6. Whether the informant has admitted his own criminal conduct in the course of supplying the information to police
  7. Detailed knowledge of the informants personal information
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30
Q
  1. When entering enhancing information about an informant on a search warrant. What is the most important information to include.
A
  1. detailed knowledge of the informants personal information such as
    A. How, when , where , and form whom the informant obtained the information
    B. What informant heard, touched , tasted, smelled, observed.
    C. Exactness of locations , descriptions, persons, quantities, dates, times,
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31
Q
  1. If dates, times and locations, and statements, must be omitted to protect the informants identity, what must be placed on the warrant. The declaration :
A
  1. The exact information has been withheld to protect the identity of the informant which could be revealed if the suspect were given the information at the time of the search.
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32
Q
  1. When must a search warrant be served
  2. What are daytime hours.
  3. Unless what
  4. What are nighttime hours.
A
  1. During daytime hours.
  2. Between 6:00am and 10:00 pm.
  3. A nighttime search has been authorized
  4. Between 10:01pm and 5:59am
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33
Q
  1. Within how long must a search warrant be served.

2. Which is.

A
  1. Within a specified period of time.
  2. Two days from the date of the issuance.
  3. The judge or bail commissioner may however, designate a lesser period of time for its execution.
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34
Q
  1. What will happen to search and seizure warrants that have not been served within the specified period of time
A
  1. They must be voided.
35
Q
  1. What is the purpose of the “knock and announce rule”
A
  1. To prevent violence and physical injury to police and occupants.
  2. To protect an occupants expectation of privacy
  3. To prevent property damage resulting from forced entry
  4. To give the occupants an opportunity to surrender the premises
36
Q
  1. A law enforcement officer when serving a search warrant WILL, before entry
  2. Unless what.
A
  1. Before entry, give or make reasonable effort to give notice of his identity.
  2. Give notice of his authority
  3. And give purpose to any occupant of the premises specified in the warrant.
  4. Unless exigent circumstance exist.
37
Q
  1. Prior to forcing entry to serve a search warrant. How long must the officer wait before using forced entry.
  2. What is that accepted time
A
  1. A reasonable period of time.

2. Courts have not precisely determined, but accept 30 seconds as the minimum amount of time

38
Q
  1. What are the exceptions to the knock and announce rule. When do exigent circumstances exit, which will permit forced entry
A
  1. When occupants of premises remain silent after repeated knocking and identification by police.
  2. When the police are virtually certain that the occupants of the premises already know their purpose.
  3. When the police have reason to believe that an announcement prior to entry would imperil their safety.
  4. And the police have reason to believe that the evidence is about to be destroyed.
39
Q
  1. On every occasion where a search warrant has been obtained, sworn personnel will give the owner or occupant……what
  2. What if no one is present.
A
  1. A warrant information card
    And
  2. A copy of the search warrant.
  3. Then leave both in a conspicuous place.
40
Q
  1. Even when there is no property seized , what happens.
A
  1. A copy of the warrant , and warrant information card, must still be given to the owner or occupant or left in a conspicuous location.
41
Q
  1. What does “WRONG LOCATION” mean

2. What must be stated on the complaint 7548 if served on wrong location.

A
  1. When a warrant has been served on a wrong location.

2. State “warrant served on wrong location”

42
Q
  1. Both Damage to property and/or warrants served at a wrong location, must be immediately reported to who
  2. Who is then notified also.
A
  1. Police radio

2. The commanding officer of the unit that obtained the warrant.

43
Q
  1. Who is also notified

2. By whom

A
  1. The chief inspector.

2. The commanding officer of the unit serving the warrant

44
Q
  1. Who will the commanding officer of the unit serving the warrant notify.
  2. And then the CO of the unit will do wha
A
  1. The chief inspector.

2. Prepare a memo to the police commissioner, through the chain of command. Describing the entire incident.

45
Q
  1. Who has the responsibility of notifying the command officer of the district of occurrence.
A
  1. The commanding officer of the unit/district that obtained the warrant.
46
Q
  1. When does a “wrong location” not exist.
A
  1. When all factors indicate correct warrant service at the premises described in the warrant was accomplished. Simply because the search produced negative results, does not indicate a wrong location.
47
Q

For an arrest to be made in a private residence the following warrant requirements must be met.

  1. What is needed to arrest an individual in his place of residence, regardless of the grade of the offense.
A
  1. An arrest warrant.
48
Q
  1. What is needed to arrest an individual inside a residence other then the defendants, in order to search for and arrest the defendant
  2. What is needed to enter a residence, whether owned by the defendant or not, if the purpose of police entry is to arrest an individual and also search for evidence
A
  1. Both A search warrant and an arrest warrant.

2. Both an arrest warrant and a search warrant

49
Q
  1. When are warrantless arrests and searches permitted.

2. What is the basic rule of procedure, when dealing with warrants.

A
  1. Where there are exigent circumstances.

2. Where time and circumstances permit, an arrest and or search warrant must be obtained.

50
Q
  1. What are some factors which the courts consider when dealing with exigent circumstances
A
  1. The reasonable belief that a threat of physical harm to police or others exists, unless an arrest is made immediately
  2. The seriousness of the offense
  3. A strong reason to believe that the suspect is on the premises and committed the crime
  4. The likelihood that the suspect will escape
  5. A hot pursuit of a suspect who flees into a building
  6. The manner of entry
51
Q
  1. When do exigent circumstances NOT exist.
A
  1. When officers create their own emergency.
52
Q
  1. When can police always make a warrantless arrest, regardless of the location it happens.
  2. Provided what
A
  1. When the crime is committed in the presence of police

2. If the arrest occurs immediately.

53
Q
  1. For a consent to search, officers must proceed carefully, because in order for a consent to search to be valid, the individuals consent must be.
A
  1. Knowing,
  2. Voluntary
  3. And an informed choice by the individual
54
Q
  1. Once consent to search has been given. Officers by seize
A
  1. Contraband, the fruits of a crime, or other things criminally possessed.
  2. Property which is or has been used as the means of committing a criminal offense
    Or
  3. Property, which constitutes evidence of the commission of a criminal offense.
55
Q
  1. Police should only use a consent to search when…..
  2. However a consent to search will NOT
  3. If you have probable cause and there are not exigent circumstances. Then …….
A
  1. There is Less then the requisite probable cause to conduct a warrantless search or to secure a search warrant
  2. Be used as a substitute for a valid search warrant.
  3. If you have probable cause , you must obtain a search warrant.
56
Q
  1. If circumstances permit, who should you consult with prior to conducting the consent search.
A
  1. A supervisor.
57
Q
  1. What are the rules for a consent to a strip search
A
  1. A consent to a strip search must be approved, in writing, by the highest ranking supervisor available in the district.
58
Q
  1. What are the rules to a consent to a body cavity search.
A
  1. A consent to a body cavity search must be approved , in writing by a lieutenant or higher ranking supervisor.
59
Q
  1. Is it necessary for a consent to search to be given in writing.
  2. When are the only two times a consent to search MUST be in writing.
A
  1. No

2. When it’s a strip search or a body cavity search

60
Q
  1. Courts will uphold a consent to search, only when the following conditions have been met.
A
  1. That a statement has been made consenting to the search.
  2. That it has been given by the owner or possessor of the promise,
  3. Or by a third party who possesses common authority over or other sufficient relationship to the property or effects to be searched.
  4. The consent is given voluntarily and is not the result of duress or coercion, either expressed or implied.
61
Q
  1. Factors which may suggest to a court that consent was voluntarily given:
A
  1. The consenting party was not in police custody at the time of his consent.
  2. The consenting party’s custodial status was voluntary when consent was given
  3. The consenting party believed police would find no contraband
  4. The consenting party was aware of his right to refuse
  5. The consenting party was informed by police prior to the request for consent what the police were searching for.
  6. The consenting party signed a consent to search form prior to the search.
  7. The consenting party agreed to assist police in conducting the search
62
Q
  1. Factors which may suggest to a court that consent, was coerced :
A
  1. The presence of abusive or overbearing police actions and procedures
  2. Police use of deception or trickery to gain consent to search
  3. Statements or actions by police indications the consenting party was not free to refuse the search
  4. Where consent is given by a person already in police custody
  5. Where police had blocked or impaired the consenting party’s freedom of movement
  6. Where consent was granted but only after it had been refused initially.
63
Q
  1. In addition officers will provide the consenting party with the following warnings.

If the person is already in police custody , 3 additional warnings must be provided.

A
  1. That the consenting party has the right to require the police to obtain a search warrant
    And
  2. That he has the right to refuse the consent to a search
  3. That any times found can and will be confiscated and used against them
  4. They have the right to consult with an attorney before making the decision.
  5. That they have the right to withdraw their consent at any time.
64
Q
  1. When getting a consent to search , police should also consider what.
  2. What factor does not effect someone from giving consent
A
  1. The mental competence of the person granting consent/
  2. Whether they are under the influence of drugs or alcohol
  3. Their age.
  4. Minority status alone does not prevent one form giving consent.
65
Q
  1. What limitations are placed on an officer who has been given consent to search
A
  1. An officer may not exceed the limits of the consent.
  2. Consent may be revoked at any time during the course of the search
  3. Sworn personnel should not open locked containers without specific permission from the consenting party.
66
Q
  1. If consent has been granted to search for a particular object or person, where may the officer search
  2. If person terminates consent, what must happen.
  3. What about the items found already.
  4. In reference to locked containers, what must be given
  5. A consent search may disclose the basis for an arrest or for the probable cause needed to acquire a search warrant.
A
  1. Only search those places where the person or object could be found.
  2. Then the search must stop
  3. They will be seized.
  4. Permission above and beyond the initial consent.

5.

67
Q
  1. Prior to requesting a consent search , what should officers do, when possible.
  2. Then
A
  1. Consult with a supervisor.
  2. Determine the consenting party’s authority to give consent
  3. Provide the pertinent warnings
  4. Prepare 2 copies of the consent to search form
  5. Provide a detailed description of the person or property to be searched.
  6. Before party signs the form, the officer will read the statement to them and explain it.
  7. Obtain a witness to serve the party to sign the document
  8. Request signature
  9. Ensure witness or party accompanies with the search.
68
Q
  1. When a consent to search was requested or conducted for a wanted subject . Document where
A
  1. On the attempt to apprehend log.
69
Q
  1. When may a strip search be conducted.
A
  1. When an individual has been lawfully taken into custody
    And
  2. Sworn personnel can identify specific factors, which establish a reasonable suspicion that the individual possesses a weapon or contraband.
70
Q
  1. When can a body cavity search be conducted.
A
  1. When a person has been lawfully taken into custody.
  2. And police have obtained a SEARCH WARRANT thereby establishing PROBABLE CAUSE to search for
    Contraband
    Property
    Property
71
Q
  1. When is a search warrant NOT required for for a body cavity search
A
  1. When the person gives written consent to search
72
Q
  1. Who must approve a strip search
  2. Who must approve a body search
  3. Will they be present during the search
A
  1. Approved and in writing , by the highest ranking supervisor available.
  2. Approved and in writing , by a lieutenant or higher ranking officer.
  3. The supervisor for both will be present in the area of the search or designate a subordinate supervisor to do so. They need not visually witness the search, be in the area.
73
Q
  1. When can a strip search be conducted .
  2. What factors are taken into consideration when a supervisor decides on a strip search
  3. What mere fact by itself will not constitute mere suspicion
A
  1. When reasonable suspicion exists to believe the person possesses a weapon or contraband.
  2. Nature of the crime
  3. Circumstances of the arrest
  4. Acts of violence
  5. Discoveries from prior arrests
  6. Subjects rep or conduct.
  7. That the arrest was for a specific crime (narcotics, )
74
Q
  1. How will the strip search be conducted
  2. Where will the strip search be conducted.
  3. Who
  4. What will an officer not do during a strip search, unless
  5. What will be used to complete a strip search.
A
  1. In a dignified professional manner. And not be required to remain unclothed any longer then is necessary.
  2. In a police medical facility or other secure building
  3. In private and by an officer of the same sex.
  4. An officer will not touch the exposed breasts or genitals, unless it is to recover evidence.
  5. Verbal commands
75
Q
  1. What will police NOT conduct a strop search for
A
  1. Traffic violations only
  2. Investigatory stops only
  3. Summary offenses requiring the issuance of a non traffic summary citation.
76
Q
  1. When can a body cavity search be conducted.

2. When do you not need a warrant for a body cavity search.

A
  1. When the person has been lawfully arrested
  2. And a warrant outlining the probable cause to believe the person possesses:
    Contraband
    Property used in a crime
    Property.as evidence of crime
  3. When the person gives written consent.
77
Q
  1. Even though a body cavity search is technically authorized by the issuing authority on a search warrant, the request for the warrant will still what……….
  2. Where will the supervisor be
A
  1. Be approved and authorized, in writing by a lieutenant or higher ranking supervisor.
  2. The supervisor will be present or designate a subordinate supervisor to be present , the the area. They do not need to visually witness the search.
78
Q
  1. Where will a body cavity search be conducted.
  2. A body cavity search will be conducted only by whom.
  3. Where and by who.
A
  1. In a medical facility only.
  2. Only by a licensed physician and his staff.
  3. In private and in view of only the doctor , medical staff, and an officer or officers of the Same sex.
79
Q
  1. In what order will the application and affidavit for search warrant forms be distributed
A
  1. In sequential order. From the distribution point through to the issuance of a single warrant to an individual police officer.
80
Q
  1. The blue copy of a search warrant is given to
A
  1. The person from whom the warrant is served on . Or left in a conspicuous place.
81
Q
  1. The distribution of the search warrant
White 
White
Canary
Green
Pink
Blue
A
  1. White (affidavit) - judge
  2. White - reports control
  3. Canary - case file
  4. Green - DA
  5. pink - Case file
  6. Blue - owner.
82
Q
  1. How long body cavity search files be kept.
A
  1. Maintained in alphabetical order for 5 years.
83
Q
  1. Who will only be able to obtain a package of warrants
  2. How many are in a package
  3. How many package may be obtained per visit.
A
  1. A supervisor
  2. 25 warrants.
  3. 2.
84
Q
  1. Who is only allowed to distribute a warrant to an officer.
A
  1. A supervisor.

detective test (121 decks)

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