Procedure 504-Execution of Search Warrants Flashcards by Donald Leonard

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

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

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

presumed to be valid.

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

returned to the magistrate who issued it.

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

place to be searched or the property to be seized.

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.02B. A warrant is never;

altered in any manner.

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.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;

obtain consent to search.

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.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;

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

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.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;

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

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

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

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.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.

each member involved in the execution of a search warrant .

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

SAMWEB for updated notes on the suspect.

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

Felony Search Warrants or any crimes of violence.

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

officer or if a specialized unit should be called.

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

any pertinent information available.

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

entire South Texas Region.

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

Plainclothes officers

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.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?

Officer-In-Charge

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

1] a physical address,

2] a block number or intersection.

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

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

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

available, practical, and possible.

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

A minimum [2] hour.

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.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;

day of its issuance and the day of its execution

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.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 ;

[15] whole days

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

[3] whole days

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

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.

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

time limits on the continuous search of a location.

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

place or places described in the warrant.

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

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

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

extended to other, unnamed portions.

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

specifically named in the warrant.

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

contain or conceal the items described in the warrant.

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

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.

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

develop reasonable suspicion to believe is armed.

.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;

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

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

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.

.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;

Warrant Execution Supervisors

.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;

Warrant Execution Supervisors

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

Warrant Execution Supervisors

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

Warrant Execution Supervisors

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

Warrant Execution Supervisors

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

Officer-in-Charge

.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;

Officer-in-Charge

.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;

Officer-in-Charge

.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;

Officer-in-Charge

.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;

Officer-in-Charge

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

Officer-in-Charge

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

Officer-in-Charge

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

Officer-in-Charge

.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;

Officer-in-Charge

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

that Supervisor is present

.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.

Verification Officer

.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.

Verification Officer

.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.

Verification Officer

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

Verification Officer

.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.

Verification Officer

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

into the warrant location when the entry is made.

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

reviews SAPD Form #8-PWC.

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

probability of death or serious bodily injury.

.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;

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

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

adequately protect the safety and security of all persons involved.

.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;

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

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

least forceful means possible under the circumstances.

.09B. When entering private premises, officers;

knock, announce their identity, and demand admittance.

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:

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

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

their purpose if so requested

.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 ;

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

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

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

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

assist in locating and controlling the movements of all persons.

.09C. Necessary force may be used to;

secure the premises.

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

items sought, and displays the warrant.

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

As soon as the building has been secured

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

When the premises have been secured.

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

security team.

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

carefully considered before being inflicted.

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

could be concealed

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

[2] officers.

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

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

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

The evidence officer

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

The evidence officer

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

The evidence officer

What may be used in lieu of the property receipt ?

The inventory list

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

whether or not the search proved fruitful.

The original written report by the officer in charge is;

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

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

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.

.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.

A designated officer

.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;

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

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

witnesses to the search or arrest.

.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;

arrested and charged with the offense committed.

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

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

.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;

entry team, security team or search team member.

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

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

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

quarterly basis.

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

The Unit Director