Directive 7: Search Warrants

Question 1

Determination concerning when a search warrant must be obtained will be based on ____ and ____. The advice of an assistant district attorney should be obtained and adhered to when any questions arise concerning the search warrant procedure.

Answer 1

pertinent legal guidelines

consultation with a supervisor

Question 2

All search warrant applications must be submitted to ___ for review prior to submitting to a judge or bail commissioner.

Answer 2

District Attorney Charging Unit (DACU)

Question 3

Warrants that have not been served within ____ must be voided.

Answer 3

two days from the date of issuance

Question 4

Existence of facts and circumstances that would justify a person of reasonable caution to believe:

• that an offense has been or is being committed
• that the particular person or item to be seized is reasonable connected to the crime
• 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

Answer 4

Probable Cause

Question 5

Night-time Warrant

vs.

Daytime Warrant

Answer 5

Nighttime: 10:01pm to 5:59am

Daytime: 6:00am to 10:00pm

**nighttime warrant must be specifically noted on the warrant

**additional probable cause must be articulated in the warrant application

Question 6

____ is the standard of review employed by courts in assessing search warrant applications based upon information acquired through informants and third parties.

Answer 6

The totality of the Circumstances

Question 7

The purpose of ____ is to prevent violence and physical injury to police and occupants, to protect occupant’s expectation of privacy, to prevent property damage resulting from forced entry and to give the occupants an opportunity to surrender the premises.

Answer 7

Knock and Annonce Rule

Question 8

Recent court decisions have shown that ___ should be the minimum time police personnel should delay their entry into a property after announcing their presence and purpose.

Answer 8

30 Seconds

Question 9

Exceptions to the “Knock and Announce” Rule

Answer 9

• Occupants remain silent after repeated knocking and identification by officers and continued compliance with the rule would be fruitless.
• When the police are virtualy certain that the occupants of the premises already know their purpose
• When the police have reason to believe that an announcement prior to entry would imperil their safety
• Police have reason to believe that evidence is about to be destroyed

Question 10

Questions or complaints concerning the warrant or search procedure can be directed to ___.

Answer 10

The pertinent commanding officer

Question 11

Even when no property is seized, a copy of the warrant must still be given to the owner/occupant or left in a conspicuous location along with the warrant information card.

Question 12

Damage to property or service of warrants at a wrong location must be reported immediately to ___.

Answer 12

Police Radio

Also, the commanding officer of the unit that obtained the warrant will be notified. He will notify the Chief Inspector and prepare a memo to the Police Commissioner. The C/O of the district of occurrence will be notified by the C/O of the unit that obtained the warrant.

Question 13

Whenever a search warrant is vioded, ___ will prepare a memo to ___ explaining why the warrant was voided.

This includes warrants that have not been served within the specified time period.

Answer 13

the immediate supervisor

the commanding officer

Question 14

The search warrant control log shall be maintained by ___. And shall be reviewed ___.

Answer 14

Commanding officer.

Monthly

Question 15

A ____ is needed before an individual may be arrested in his place of residence, regardless of the grade of offense.

____ and ____ are needed to enter a residence other than the defendant’s in order to search for and arrest the defendant.

___ and ___ are needed to enter any residence, whether owned by the defendant or not, if the purpose of the poice entry is to arrest a suspect and search for evidence.

Answer 15

arrest warrant

search and arrest warrant

search and arrest warrant

Question 16

____ will not be used as a substitute for a valid search warrant. If officer has PC and there are no exigent circumstances, the officer MUST obtain a search warrant.

Answer 16

Consent to Search

Question 17

Consent to a _____ must be approved, in writing, by the highest-ranking supervisor available in the district.

Consent to a ____ must be approved, in writing, by a Lieutenant or higher.

Both ____ and ___ WILL be completed for these two types of searches.

Answer 17

STRIP SEARCH

BODY-CAVITY SEARCH

CONSENT TO SEARCH FOR and 75-48

Question 18

A consent to search need not be in writing, except for ___ or ___.

Answer 18

STRIP SEARCH or BODY CAVITY SEARCH.

Question 19

A STRIP SEARCH may only be conducted when ___ and ____.

Answer 19

Individual has been lawfully taken into custody

AND

Officer can identify specific factors which establish a reasonable suspicion that the individual possesses a weapon, contraband, or evidence of a specific crime

Question 20

A BODY CAVITY SEARCH may only be conducted when ___ and ___.

Answer 20

Individual has been taken into lawful custody

AND

Officer has obtained a search warrant

***Even with a warrant, a LT or higher must still approve, in writing, application for such warrant.

Question 21

Strip/Body Cavity Search file.

Answer 21

• Maintained alphabetically by the last name of the individual searched
• Yellow copy of 48 will be initialed by the C/O and filed
• File will be maintained for 5 years

Question 22

thorough physical examination of an individual taken into custody pursuant to an arrest, a warrant, evidence of a specific crime or where consent has been given by the individual. This search is used to uncover a weapon or contraband such as controlled substances.

Answer 22

STANDARD SEARCH

**oral cavity is part of this search

Question 23

removal or rearrangement of clothing to permit the VISUAL inspection of a person’s undergarments, buttocks, anus, genitals or breasts to search for a weapon or contraband such as controlled substances.

Answer 23

STRIP SEARCH

Question 24

actual entering or touching, by instrument or appendage, a person’s anal or vaginal area ONLY in an effort to search for a weapon, evidence or contraband such as controlled substances

Answer 24

BODY CAVITY SEARCH

Question 25

It is the overall responsibility of ___ to monitor and track the flow of all Department search warrants. ___ will have the ability to monitor their original affidavits on a regular basis to ensure compliance with departmental policies.

Answer 25

Management Review Bureau

Commanding Officers

Question 26

___ will be responsible for an additional level of oversight pertaining to the actual review of the search warrants.

Answer 26

The Integrity Control Office

Question 27

Confidential warrants are those warrant, approved by the affiant’s ___.

Answer 27

Chief Inspector

Question 28

Updating the search warrant by computer will the the responsibility of ___.

Answer 28

Affiant’s supervisor/commander

Question 29

Search warrants from the warehouse can only be released to ___.

The DAR code= first four digits refer to ____ the last two digits refer to ____.

Answer 29

Supervisor

Distritct/Unit

Platoon

Question 30

Only ___ may distribute a warrant to an investigator.

Answer 30

A supervisor