Execution of Search Warrant

Question 1

What are the 5 essential elements in executing a search warrant?

Answer 1

Safety
Legality
Surprise
Speed
Simplicity

Question 2

What is the most important element when executing a search warrant?

Answer 2

Safety

Question 3

What is the safety element when executing a search warrant?

Answer 3

The lead is responsible for ensuring safe execution of the warrant. Proper planning and coordination alleviates dangers.

Question 4

Which element is responsible for ensuring safe execution of the warrant?

Answer 4

Safety.

Question 5

What is the legality element?

Answer 5

Execution of a search and seizure warrant must be performed in a manner that is legally correct.

Question 6

What happens if the search and seizure are not legally correct?

Answer 6

TROUBLE!!!! Broke..

The evidence will be suppressed and officers may find themselves defendants in criminal or civil proceedings.

Question 7

What is the surprise element?

Answer 7

Search and Seizure warrants will show a higher rate of success if they are executed in a manner that surprises the occupants.

Question 8

What is the speed element?

Answer 8

Approach and entry upon the premises to be searched must be made quickly to ensure safety and surprise.

Question 9

Why is the speed element important?

Answer 9

To prevent possible resistance and the destruction of contraband and/or evidence.

Question 10

What is the simplicity element?

Answer 10

Search and Seizure warrant should be executed in a simple way. Preparation will allow the search and seizure warrant to be simple.

Question 11

What is the pre-search and seizure warrant briefing?

Answer 11

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.

Question 12

Who can participate in the warrant execution?

Answer 12

Only those at the briefing.

Question 13

Should selection of search and seizure warrant team members be based on rank?

Answer 13

NOPE! should be based on experience and ability.

Question 14

Whats a reason for using state or local officers?

Answer 14

Uniformed officer and the marked car can be utilized for identification, crowd control, and traffic control.

Question 15

When will equipment needs for the search and seizure warrant be usually determined?

Answer 15

By the pre-search and seizure warrant investigation,

Question 16

Should a post-warrant evaluation be scheduled?

Answer 16

Yes, should be done at the pre-brief.

Question 17

Can you still execute the warrant if no one is present?

Answer 17

Si.

Question 18

What should be left/done at the place where the search warrant was executed?

Answer 18

Secure the building and leave an inventoried copy of the search and seizure warrant in a conspicuous place.

Question 19

What must cover officers also think about?

Answer 19

Their own safety, using existing cover protection and trying to position themselves to attract minimal attention from neighbors.

Question 20

How should searching be done when clearing and searching for evidence?

Answer 20

in PAIRS.

Question 21

How should a room be searched?

Answer 21

Physically search in a clockwise/ counterclockwise method.

Question 22

What does the clockwise/counterclockwise method ensure?

Answer 22

Assures that the room is searched twice by two different officers.

Question 23

What should you do prior to removing an item?

Answer 23

Photograph it in place if possible.
Tag item for identification
Secure to appropriate procedures.

Question 24

If the owner request to see the warrant what should you do?

Answer 24

May prefer to wait and show the search and seizure warrant after the area has been secured.

Question 25

Does the warrant become invalidated if the occupant destroys or throws the warrant away?

Answer 25

NOPE!

Question 26

Does executing a search and seizure warrant bestow authority to arrest?

Answer 26

NO! You have to have PC that the individual committed a crime.

Question 27

How should an arrest be done during a search and seizure?

Answer 27

Two officers at least, preferably in a manner that will not alert the individual ahead of time.

Question 28

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?

Answer 28

The amount necessary and reasonable.

Always try to photograph before and after the destruction. (Very important if occupants were not present)

Question 29

What should you do if an officer is accused of stealing an article?

Answer 29

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.

Question 30

When should the post-search and seizure be held?

Answer 30

Shortly after the conclusion of the execution of the search and seizure warrant.