Procedure 504-Execution of Search Warrants

Question 1

.01C. An officer to whom a valid search warrant has been issued executes that warrant in the manner provided;

Answer 1

by law, by guidelines established in this procedure, and by adhering to each respective unit’s S.O.P.

Question 2

.02A. Any search warrant that appears to be in proper form is;

Answer 2

presumed to be valid.

Question 3

.02A. Any warrant which does not appear to be in proper form is not executed and is;

Answer 3

returned to the magistrate who issued it.

Question 4

.02A. This includes any warrant containing significant errors in identifying the;

Answer 4

place to be searched or the property to be seized.

Question 5

.02B. A warrant is never;

Answer 5

altered in any manner.

Question 6

.02C. An officer never represents to any person that a search warrant has been issued in a particular case, knowing such is not true, in order to;

Answer 6

obtain consent to search.

Question 7

.02D. During normal duty hours, the Officer-in-Charge or Warrant Execution Supervisor assigned to units that do not routinely execute search warrants, i.e., Patrol and Traffic must notify the;

Answer 7

Investigations Division Unit with investigative responsibility for the offense listed in the search warrant.

Question 8

.02E. When executing search warrants after normal business hours, the Officer-in-Charge or Warrant Execution Supervisor assigned to units that do not routinely execute search warrants [i.e., Patrol and Traffic] must contact a;

Answer 8

Tactical Response Unit Supervisor, Repeat Offenders Program, Narcotics Unit, or Night Detectives for guidance and assistance.

Question 9

.02G. Any conflicts not resolved shall be elevated for resolution to the;

Answer 9

Supervisor in charge of the unit who placed the location into deconfliction and the Warrant Execution Supervisor.

Question 10

.02G. When planning to execute a high risk search warrant, or where there is a probability forced entry will be needed to gain entry, these members wear wears body armor.

Answer 10

each member involved in the execution of a search warrant .

Question 11

.02H. Prior to the execution of any search warrant, officers will check the Arrest Warrant Database on;

Answer 11

SAMWEB for updated notes on the suspect.

Question 12

.02H. Officers will utilize SAPD Form #8-PWC, Police Arrest/Search Warrant Checklist, for;

Answer 12

Felony Search Warrants or any crimes of violence.

Question 13

.02H. The Arrest / Warrant Checklist will determine whether the warrant should be executed by the;

Answer 13

officer or if a specialized unit should be called.

Question 14

.02I. After executing any warrants, officers will UPDATE the Arrest Warrant Database on SAMWEB by adding;

Answer 14

any pertinent information available.

Question 15

.03A. The South Texas HIDTA Investigative Support Center is the single point of contact for the;

Answer 15

entire South Texas Region.

Question 16

.03B. These officers will deconflict through HIDTA on Arrest and Search Warrants.

Answer 16

Plainclothes officers

Question 17

.03B. Prior to executing a planned felony arrest or search warrant, who will contact the South Texas HIDTA Investigative Support Center and provide information for the deconfliction process to take place?

Answer 17

Officer-In-Charge

Question 18

.03B. Information to be provided to the South Texas HIDTA Investigative Support Center will include:

Answer 18

1] a physical address,

2] a block number or intersection.

Question 19

.03B. Information on the suspect named in the arrest warrant will include:

Answer 19

1] first and last name,
2] DOB,
3] race / sex,
4] secondary identifiers, when available, e.g., SSN, D.L. number, FBI number, etc.

Question 20

.03B. This information for deconfliction shall be provided with as much forewarning as possible, as soon as;

Answer 20

available, practical, and possible.

Question 21

.03B. How much advanced notice to the Deconfliction Center is required for optimum conflict resolution?

Answer 21

A minimum [2] hour.

Question 22

.05A. A search warrant is executed in accordance with the time allowed, per C.C.P., for the execution of a search warrant , exclusive of the;

Answer 22

day of its issuance and the day of its execution

Question 23

.05A. The time allowed for the execution of a search warrant, if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples, is ;

Answer 23

[15] whole days

Question 24

The time allowed for the execution of a search warrant, if the warrant is issued for a purpose other than DNA specimens.

Answer 24

[3] whole days

Question 25

.05B. The following factors may be considered in determining when the execution of a search warrant should occur:

Answer 25

1. When the property to be seized is present;
2. The least resistance is expected, or can best be controlled;
3. Applicable considerations of safety, success, and convenience.

Question 26

.05B. Once actual entry has been made, there are no;

Answer 26

time limits on the continuous search of a location.

Question 27

.06A. A search warrant is executed at, and the search made of, only the;

Answer 27

place or places described in the warrant.

Question 28

.06A. The search may extend to all buildings or structures within the;

Answer 28

curtilage of the described place where the items sought may be kept.

Question 29

.06A. A warrant describing the place to be searched as a limited portion of larger premises may not be;

Answer 29

extended to other, unnamed portions.

Question 30

.06A. Vehicles located upon multi-unit dwelling premises (i.e., apartment complexes) are not searched unless;

Answer 30

specifically named in the warrant.

Question 31

.06B. The search is limited to discovering those items named in the warrant, and examining those places or things, which could;

Answer 31

contain or conceal the items described in the warrant.

Question 32

.06C. Items discovered during a lawful search, but not named in the search warrant may be seized if:

Answer 32

1. They were found in a place reasonably within the scope of the search; and
2. There is probable cause to believe they are stolen, or evidence or instruments of a crime.

Question 33

.06D. Persons named in the search warrant are searched and any persons are frisked, that the officers;

Answer 33

develop reasonable suspicion to believe is armed.

Question 34

.06D. The officers may search persons found on the premises to prevent the disposal or concealment of any instruments, articles, or things particularly described in the warrant, if there is;

Answer 34

probable cause the persons may have such items upon his person.

Question 35

In determining whether probable cause exists that persons are concealing items named in the search warrant, officers consider:

Answer 35

1. Nature and physical characteristics of the item;
2. Ease with which item may be disposed of;
3. The fact the item has not been located
4. Relationship of the person to the premises, including ownership, residence, frequenter, and to those in control of the premises.

Question 36

.07A. Ensures location has been properly identified, adequate manpower and equipment are available, and all provisions of this procedure are being followed for the proper and safe execution of the warrant;

Answer 36

Warrant Execution Supervisors

Question 37

.07A. Ensures adequate steps are taken to provide for the safety and security of the officers involved, items being sought, and any persons who may be at the scene of the execution of the warrant;

Answer 37

Warrant Execution Supervisors

Question 38

.07A. Ensures uniformed officers are present at the location named in the search warrant;

Answer 38

Warrant Execution Supervisors

Question 39

.07A. Except during periods of extenuating circumstances, accompanies officers in the execution of the warrant;

Answer 39

Warrant Execution Supervisors

Question 40

.07A. Ensures the dispatcher is notified before and after the execution of the warrant;

Answer 40

Warrant Execution Supervisors

Question 41

.07B. Conducts warrant research in accordance with SAPD Form #8-WIC;

Answer 41

Officer-in-Charge

Question 42

.07B. Physically views the location to be searched in order that a precise address and description can be obtained, or ensures the warrant verification officer involved with the warrant physically views the location;

Answer 42

Officer-in-Charge

Question 43

.07B. Completes SAPD Form #8-PWC and submits it and all documentation to the Warrant Execution Supervisor for evaluation prior to execution of the search warrant;

Answer 43

Officer-in-Charge

Question 44

.07B. If the Warrant Execution Supervisor will not be present when the warrant is executed, he ensures adequate steps are taken to provide for the safety and security of the officers involved, items being sought, and any persons who may be at the scene of the execution of the warrant;

Answer 44

Officer-in-Charge

Question 45

.07B. If the Warrant Execution Supervisor will not be present when the warrant is executed, he develops a written plan for execution of the search warrant to ensure the location has been properly identified, adequate manpower and equipment is available, and all provisions of this procedure are being followed;

Answer 45

Officer-in-Charge

Question 46

.07B. Assigns officers to the “Entry Team,” “Security Team,” and “Search Team”;

Answer 46

Officer-in-Charge

Question 47

.07B. Ensures all officers involved are aware of their assigned duties and responsibilities;

Answer 47

Officer-in-Charge

Question 48

.07B. Ensures the warrant is carried to the scene and is exhibited to the person, if any, in charge of the premises;

Answer 48

Officer-in-Charge

Question 49

.07B. If the Warrant Execution Supervisor will not be present when the search warrant is executed, he notifies the supervisor before and after executing the warrant;

Answer 49

Officer-in-Charge

Question 50

.07B. The duties of the Officer-in-Charge do not supersede those of the Warrant Execution Supervisor, when;

Answer 50

that Supervisor is present

Question 51

.07C. When planning to execute a search warrant, a single officer (other than the Officer-in-Charge) will be assigned by the Warrant Execution Supervisor as the Verification Officer.

Answer 51

Verification Officer

Question 52

.07C. The Verification Officer is responsible for positively identifying the correct location where the warrant will be executed and for directing the entry team to the correct location.

Answer 52

Verification Officer

Question 53

.07C. The Verification Officer will confirm the address or warrant location description named in the warrant and warrant affidavit is the same as the address or location description where the warrant will be executed.

Answer 53

Verification Officer

Question 54

.07C. The name of the Verification Officer will be listed on the SAPD Form #OP-2003 and on SAPD Form #8-PWC.

Answer 54

Verification Officer

Question 55

.07C. The Verification Officer will accompany the entry team or an officer assigned to the entry team to positively identify and point out the correct location described in the search warrant.

Answer 55

Verification Officer

Question 56

.07C. It is not necessary for the Verification Officer to accompany the entry team;

Answer 56

into the warrant location when the entry is made.

Question 57

.08A. In planning a forced entry, the supervisor of the unit executing the warrant;

Answer 57

reviews SAPD Form #8-PWC.

Question 58

.08A. This form, SAPD Form #8-PWC, is designed to determine the degree of;

Answer 58

probability of death or serious bodily injury.

Question 59

.08B. When the Warrant Execution Supervisor determines a high probability of death or serious bodily injury exists, the Supervisor or his designee shall contact a;

Answer 59

Special Weapons and Tactics Unit Supervisor to determine the necessity for inclusion of Special Weapons and Tactics Unit members.

Question 60

.08C. In all planned forced entries, the Warrant Execution Supervisor ensures enough officers are present to;

Answer 60

adequately protect the safety and security of all persons involved.

Question 61

.09A. Persons other than peace officers, police legal advisors, and members of the District Attorney’s Office are not allowed to accompany officers in the execution of a search warrant, unless;

Answer 61

approved in advance through the Office of the Chief of Police.

Question 62

.09B. Entry into the premises is accomplished by the;

Answer 62

least forceful means possible under the circumstances.

Question 63

.09B. When entering private premises, officers;

Answer 63

knock, announce their identity, and demand admittance.

Question 64

This announcement and demand are not required when the officer in charge can articulate particular exigent circumstances that exist that create a reasonable suspicion that to announce and demand would be futile or would jeopardize:

Answer 64

1. The safety and security of officers or nearby citizens; or
2. The items sought.

Question 65

.09B. They then wait to be admitted and explain;

Answer 65

their purpose if so requested

Question 66

.09B. The officer in charge should articulate in the affidavit these specific exigent circumstances if they exist at the time the affidavit is prepared, requesting ;

Answer 66

specific authorization in the warrant for a no-knock entry.

Question 67

.09B. In such cases, officers enter the premises by the most;

Answer 67

efficient means possible, while inflicting as little damage as possible to the premises

Question 68

.09C. Whenever possible, upon entering a building or other premises, uniformed officers are on site and in plain view to;

Answer 68

assist in locating and controlling the movements of all persons.

Question 69

.09C. Necessary force may be used to;

Answer 69

secure the premises.

Question 70

.09C. An officer explains fully the reason for the officers’ presence, the nature of the;

Answer 70

items sought, and displays the warrant.

Question 71

.09C. When shall any officers who are no longer needed leave the area?

Answer 71

As soon as the building has been secured

Question 72

.09D. When does a searching team conduct the search?

Answer 72

When the premises have been secured.

Question 73

.09D. The searching team is composed of as few officers as is practical and may include members of the;

Answer 73

security team.

Question 74

.09D. Damage to the premises is minimized. Any structural damage or modification is;.

Answer 74

carefully considered before being inflicted.

Question 75

.09D. The search is confined to places where the items sought;

Answer 75

could be concealed

Question 76

.09D. How many officers should be assigned to search a single room or area, if possible?

Answer 76

[2] officers.

Question 77

.09D. A record is kept during the course of the search as to which:

Answer 77

areas have been examined, by whom, the nature of any item seized, and where it was found.

Question 78

.09D. All items seized, along with the record of the search are turned over to;

Answer 78

The evidence officer

Question 79

This officer makes a property receipt for all items seized for the person from whose possession or control they were taken.

Answer 79

The evidence officer

Question 80

This officer completes the return of the warrant by attaching an inventory of the items seized and delivering it to the magistrate.

Answer 80

The evidence officer

Question 81

What may be used in lieu of the property receipt ?

Answer 81

The inventory list

Question 82

.09D. The officer in charge submits a written report following the execution of the warrant regardless of;

Answer 82

whether or not the search proved fruitful.

Question 83

The original written report by the officer in charge is;

Answer 83

routed to the Records Section and a copy is routed to the unit commander.

Question 84

09D. The officer in charge submits a written report following the execution of the warrant. This report includes:

Answer 84

a. Damage to premise gaining entry, if any;
b. Use of force overcoming resistance, if any;
c. Articles seized, [including, not in the warrant];
d. How the premise was secured on departure;
e. List of officers executing the search warrant.

Question 85

.09E. Before leaving the scene after executing a search warrant, this officer ensures the premises are adequately secure as well as possible, either by leaving them in the hands of a responsible person or by locking all doors, windows, etc.

Answer 85

A designated officer

Question 86

.10A. Officers may require persons on the premises to identify themselves, in order to determine whether, any of those persons are named in the arrest warrant in cases of;

Answer 86

combined warrants, commanding both arrest and search, or where officers suspect there may be arrest warrants outstanding.

Question 87

.10A. Persons on the premises may be required to identify themselves if they are;

Answer 87

witnesses to the search or arrest.

Question 88

.10C. Should any person resist or interfere with the lawful actions of the officers during the execution of the search warrant, that person may be;

Answer 88

arrested and charged with the offense committed.

Question 89

.10D. There is no requirement in the law that persons on the premises at the time of the search identify themselves unless there is;

Answer 89

reasonable suspicion of some involvement in criminal activity or the person is a witness.

Question 90

.11A. When executing a planned “high risk” forced entry, the officer, detective and supervisor will be provided training for the specific duties assigned while executing the search warrant, prior to assignment as an;

Answer 90

entry team, security team or search team member.

Question 91

.11A. The training will be documented and will include, at a minimum, the following courses of instruction:

Answer 91

1. Intelligence gathering;
2. Building entries;
3. Room clearing;
4. Weapons handling;
5. Breaching techniques;
6. Shield handling techniques; and
7. Evidence handling procedures.

Question 92

.11B. At a minimum, to maintain proficiency in the above listed skills, training shall be conducted on a;

Answer 92

quarterly basis.

Question 93

.11C. Who will be responsible for maintaining a record of all training?

Answer 93

The Unit Director