Execution of Search Warrant Flashcards
What are the 5 essential elements in executing a search warrant?
Safety Legality Surprise Speed Simplicity
What is the most important element when executing a search warrant?
Safety
What is the safety element when executing a search warrant?
The lead is responsible for ensuring safe execution of the warrant. Proper planning and coordination alleviates dangers.
Which element is responsible for ensuring safe execution of the warrant?
Safety.
What is the legality element?
Execution of a search and seizure warrant must be performed in a manner that is legally correct.
What happens if the search and seizure are not legally correct?
TROUBLE!!!! Broke..
The evidence will be suppressed and officers may find themselves defendants in criminal or civil proceedings.
What is the surprise element?
Search and Seizure warrants will show a higher rate of success if they are executed in a manner that surprises the occupants.
What is the speed element?
Approach and entry upon the premises to be searched must be made quickly to ensure safety and surprise.
Why is the speed element important?
To prevent possible resistance and the destruction of contraband and/or evidence.
What is the simplicity element?
Search and Seizure warrant should be executed in a simple way. Preparation will allow the search and seizure warrant to be simple.
What is the pre-search and seizure warrant briefing?
Once the warrant plan has been established, it must be presented to the warrant team. This is a Verbal briefing by the team leader in the presence of all team members.
Who can participate in the warrant execution?
Only those at the briefing.
Should selection of search and seizure warrant team members be based on rank?
NOPE! should be based on experience and ability.
Whats a reason for using state or local officers?
Uniformed officer and the marked car can be utilized for identification, crowd control, and traffic control.
When will equipment needs for the search and seizure warrant be usually determined?
By the pre-search and seizure warrant investigation,
Should a post-warrant evaluation be scheduled?
Yes, should be done at the pre-brief.
Can you still execute the warrant if no one is present?
Si.
What should be left/done at the place where the search warrant was executed?
Secure the building and leave an inventoried copy of the search and seizure warrant in a conspicuous place.
What must cover officers also think about?
Their own safety, using existing cover protection and trying to position themselves to attract minimal attention from neighbors.
How should searching be done when clearing and searching for evidence?
in PAIRS.
How should a room be searched?
Physically search in a clockwise/ counterclockwise method.
What does the clockwise/counterclockwise method ensure?
Assures that the room is searched twice by two different officers.
What should you do prior to removing an item?
Photograph it in place if possible.
Tag item for identification
Secure to appropriate procedures.
If the owner request to see the warrant what should you do?
May prefer to wait and show the search and seizure warrant after the area has been secured.
Does the warrant become invalidated if the occupant destroys or throws the warrant away?
NOPE!
Does executing a search and seizure warrant bestow authority to arrest?
NO! You have to have PC that the individual committed a crime.
How should an arrest be done during a search and seizure?
Two officers at least, preferably in a manner that will not alert the individual ahead of time.
If destruction of property is necessary in order to gain entry or conduct a search, what amount should be used and what else should you do?
The amount necessary and reasonable.
Always try to photograph before and after the destruction. (Very important if occupants were not present)
What should you do if an officer is accused of stealing an article?
Advise the accuser that the accusation will be investigated and promptly reported the incident to supervisors not involved in the search to perform the investigation.
When should the post-search and seizure be held?
Shortly after the conclusion of the execution of the search and seizure warrant.
