Procedure 503 Obtaining & Executing Search Warrants Flashcards
.01C. It is the duty of every officer to seek an arrest warrant, also to execute an arrest warrant in the manner provided by;
law, by the guidelines established in this procedure, and by adhering to each respective unit’s standard operating procedures.
.01C An officer does not refuse to execute a valid warrant on other than; legal grounds.
An officer does not refuse to execute a valid warrant on other than; legal grounds.
.01C An arrest warrant shall be sought as soon as practical for violent crimes when the danger or threat to the public requires;
immediate action, rather than filing the case at-large.
.02A. When planning to execute a high risk arrest warrant, or where there is a probability forced entry will be needed to gain entry, each member involved in the execution of an arrest warrant will;
wear body armor.
.02B. When executing an arrest warrant, the officer announces to the person being arrested the arrest is made pursuant to a warrant; and if the officer has the arrest warrant in his possession, he;
exhibits it to the arrestee.
.02B. If the officer does not have the arrest warrant, he informs the arrestee of;
the offense charged against him.
.02C. Military regulations require documentation prior to the delivery of;
military personnel to civilian authorities.
.02C. Officers entering a military installation for the purpose of affecting an arrest must;
possess a copy of the arrest warrant and contact the military police unit assigned to the installation prior to making the arrest.
.02G. Officers routinely initiate a warrant check on persons they have lawfully stopped. However, such persons are generally detained;
no more than [30] minutes.
.02G. The detention of persons officers have lawfully stopped may exceed thirty (30) minutes in circumstances when the officer has;
reasonable suspicion an arrest warrant is outstanding for the person.
.02H. A warrant is never altered in any manner. To change the warrant the officer must;
return to the issuing magistrate.
.04A. An officer may execute a misdemeanor or felony arrest warrant issued by any court within the State of Texas any place within the corporate limits of the City of San Antonio providing the place is:
- a public place;
- one the officer has a lawful right to be;
- residence of person named in a felony warrant or where the officer has probable cause the person is living;
- a private place or residence named in a search warrant, with search warrant in possession;
.04A. If the arrest warrant is issued by a mayor of an incorporated city or town in a county other than Bexar County, the warrant is:
properly endorsed, according to C.C.P.
.04B. Officers do not execute arrest warrants outside the corporate limits of the City of San Antonio, unless:
- Officer is in “hot pursuit” of the person.
2. Acting in conjunction with an officer of the jurisdiction.
.06A. Even though a computer check reveals an outstanding, class B misdemeanor, through felony arrest warrant for a person, and justifies the detention of the person, officers must;
obtain certain information to verify the warrant is active.
.06A. The following information is required prior to booking persons arrested for a class B through felony arrest warrant:
a. name, D.O.B., other identifiers;
b. warrant number;
c. offense charged;
d. name of the court issuing the warrant;
e. fingerprint classification, if an out of county warrant.
.06A. Should there be probable cause to believe there is an outstanding class B misdemeanor through felony parole violation warrant, rR.W.O.B. warrant, or bond increase, and no additional charges, the person is taken to the;
Bexar County Jail and held until the warrant is confirmed active, an abstract of the warrant is obtained, and the person is identified as the person named in the warrant.
.06A. If the warrant is verified the arrestee is;
released into the custody of the Bexar County Jail.
.06A. Should there be probable cause there is a class B through felony parole violation, R.W.O.B.warrant, or a bond increase, and there are new charges, or the warrant is post indictment, the person is taken to the;
Bexar County I.D. Section at the Mags Office and held until the warrant is confirmed, an abstract obtained, and the person is identified as the person named in the warrant.
.06A. If the warrant is verified, the arrestee is;
released into the custody of the Magistrates Office.
.06A. Should a person, detained and transported to the Bexar County Jail or City Mags for verification of a class B through felony arrest warrant be found not wanted on any charge, he is then transported;
a. To the scene of initial contact;
b. If more practical, another location of his choosing with approval of the officer’s supervisor. - [test]
.06B. Even though a computer check reveals an outstanding class C misdemeanor arrest warrant for a person and justifies the detention of the person, officers must;
obtain certain information to verify the warrant is active.
.06B. The following information is required prior to booking persons arrested for a class C misdemeanor arrest warrant.
a. Name, D.O.B., and other identifiers.
b. Warrant number, [traffic or misdemeanor citation number]. [test]
.06B. Should there be probable cause there is a class C warrant; the person detained for verification is held at the place of contact until confirmed active by;
- MDT message from the issuing agency or
- Verbally by the Communications Unit dispatcher.
[test]
.06A. If a class C arrest warrant is confirmed, the person is then returned to the;
City of San Antonio Detention Center.
.06B. How much may pass until the person, suspected of having a Class C arrest warrant, is released, [at the place of contact]?
After [30] minutes, unless extenuating circumstances exist to detain the person longer. [test]
.06B. If consent to enter the premises to search for the wanted person is granted, officers will complete and have the;
consenting person sign SAPD Form, Consent for Search of Private Premises.
.07A. Officers need not execute the warrant at the first;
possible opportunity, but may choose the time and place.
.07A. Factors to be considered in determining the time and place: If the location is a third party residence, absent exigent circumstances or consent;
search warrant is obtained and possessed before entering the premise.
.07A. In determining the time and place to execute the warrant include the following:
- ] Knowledge of the individual’s whereabouts.
- ] Knowledge of likely movements.
- ] Safety / security considerations for arrestee, officers, and third persons.
.07A. Officers, prior to execution of the warrant, will check for updated notes on the suspect in the;
Arrest Warrant Database on SAMWEB.