EXAM 5 Execution of Search Warrant Flashcards
EPO 1
2 LEO action other than evidence search and seizure require PC, SW must be constitutionally correct, 4th amend (search and Seizure), 14th (Due Process)
3-Surprise-Plan to maximize the element of surprise for safety and to preserve evidence, consider time and date restriction of warrant, have 14 days to do the SW, key element of surprise is time
-attempt to execute your warrant when, the most contraband or evidence is likely to be present, persons of inv value are present, if it is to ur advantage, team can maneuver without detection, inital entry into the premises provides team members with a position of advantage
4 SPEED- doesn’t mean fast not recklessness, speed if fluid, mechanical, and continuous entry with immediate and total control of occupant and visitors, This type of speed helps-Make and operation safer, reduce
5-Simplicity is a factor to consider in determining the seize of the SW team, rely upon simple procedures, look these up
EPO 1
iD the 5 essential elements in executing a search warrant
1-Safety-
most important thing we do, warrant execution is risky, preventing loss of life or serious phy injury is more important than any warrant service, TL is ultimately responsible for safety , personnel must be flexible
2-Legality-
Necessary to prevent seized evidence from being suppressed and to avoid the possibility of criminal or civil prosecution, consideration(type of warrant, place or person to be searched, date and time of warrant, exceptions Plain view, unnecessary force and destruction of property, applicable laws, doctrine, procedures, polices
Legal Restriction-search must be reasonable, must have warrant signed by a magistrate judge, must be executed daytime (6am to 10pm), anytime, no unnecessary destruction of property, reasonable and necessary force to gain entry, property damage must be minimized
3 Surprise
will show higher rate of success if executed in a manner or surprise
4 Speed
is important to prevent possible resistance and the destruction of contraband and or evidence
5 Simplicity
should be executed in a simple way, Preparation allow to be simple
1c
Surprise, Speed, and Simplicity are Flexible depending on the particular needs of warrant
k
-Always try to get someone with medical training
-CPR training
-trauma (GSW, Shock, bleeding, blunt force)
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PRE Search Warrant Briefing
- Mission, objective, time, date
- Background of investigation
- Nature of warrant and objective
- ID of premises by photos, maps sketches, (attachment A) continue book
EPO 2
ID info critical in operational planning for SW
- Case agent, supervisor, or senior personnel
- ensures the SW is correct
- Prepares written plan, selects team members, conducts pre-briefing
- use experience, training, common sense
- Understand law, agency policy
- five elements=safety, legality, speed, surprise, simplicity
- Remain operationally flexible
EPO 2 B
Gather intelligence=on premises and on premises
- conduct reconnaissance
- determine best approach to take advantage of cover and concealment
- Determine transportation needs
- are children going to be present
- any animals
- type of neighborhood
- fences
- alleys
- burglar bars, reinforced entry
- potential problems (attics, outbuilding)
2 c
- Background info on suspects and associates =name, sescriptions, photographs
- suspects armed and dangerous
- will suspects be present
EQUIPMENT NEEDS
Handgun, ammo, handcuffs, etc/ vest (body armor and Identification) always
-Entry tools
-illumination
-Backup weapons (shotgun, rifle, etc)/ communication equipment
2D
Ambulance EMS
-Transportation for SW teams, arrestees evidence
1
EPO 3
ID the duties of the entry team, cover team and search team and means of carring out these duties
-entry Team-entry team should be experienced, superiority in numbers, clear LE identification (Raid vets, hats, etc), always employ cover and concealment, expect the unexpected, safety is always the priority, conducts entry, control all occupants, security sweep=primary and 2ndary sweeps, Detain as permitted, arrest if required
-security sweep
move, stop , listen, observe, and move again
sweep entire premises for persons and plain view
look up, down, left, right, in, out
-Positive control of every occupant
-cover team
-Search Team
EPO 3B
18 USC3109 authorized forced justification
If tactically sound, enter at the point of least destruction
- Make sure door is locked bf commencing with the ram, crow bAR, CHAIN PULL
- you will be required to properly secure to properly secure the premises bf leaving
EPO 4
ID proper techniques for confronting, frisking/ search and controlling occupants and ways to offset false accusation whle exe a SW
1
EPO 5
Demo the plaining of a SW
1
EPO 6
Demo the execution of a SW
1
