Search and Seizure 301 Flashcards
Chapter 933 of the Florida State Statutes pertains to ______ _______.
Search Warrants
In all cases a supervisor must approve the probable cause for the search warrant by ______ the probable cause section of the Search Warrant Checklist.
Initialing
The original search warrant shall be delivered to the ____ ____ ____ of the SAO
Felony Intake Department
All individually bagged items of evidence will be secured in a larger bag by the _______ in charge of the search warrant.
Supervisor
The supervisor will check the inventory for completeness and seal the bag with ______ and _____ and _____ _____.
Tape and his initials and Id Number
Executing law enforcement officers, will within ____ days of the service of the warrant and upon return of the inventory and signature of the judge, hand carry the original warrant to Felony Intake for logging and filing with the ____ of the _____.
10 days
Clerk of the Court
If a warrant is served, no contraband is found, and no arrests are made, a copy of the search warrant will be filed with the ______ ______.
Narcotics Unit
If a warrant is not served in a timely manner, or the officer decides to let it lapse, the original signed warrants will be returned to the Felony Intake Department of the SAO within ___ days.
15 days
The _____/_____ _______ will be the central depository for search warrants case files for the agency.
Narcotics/Vice Section
The completed case file from the Patrol Division and reports from the Investigations Division must be delivered to the Narcotics/Vice Section within ___ days of the conclusion of the investigation, unless approved by an _____ ______ or higher authority.
10
Assistant Chief
A completed copy of the case file involving Patrol Division personnel shall be maintained in the respective ______ _____.
zone office
Per the _____ and ______ Amendments to the U S Constitution and Article 1 Section 12 of the Florida Constitution, officers may not conduct a search without a search warrant unless an exception applies.
4th and 14th amendment
The exceptions are explained below and may be recalled through the use of the acronym PEACH PIT:
PEACH PIT means
Pat Down; Exigent Circumstances; Arrest; Consent; Hot Pursuit; Inventory and Terry Stop
If an officer has reasonable suspicion that a person has committed, is committing, or is about to commit a crime, the officer may temporarily detain (stop) such person in order to determine the person’s identity and the circumstances surrounding the person’s presence abroad which led to the officer’s suspicions.
Stop and Frisk (Terry Stop)
Inventory searches are warranted for three reasons:
Protecting the owner’s property
Protecting the police against lost or stolen property claims and
Protecting the police from potential danger.
If officers reasonably believe that there is evidence of a crime in a residence or other property, and that such evidence would dissipate or be destroyed before a search warrant could be obtained, entry may be made for the purpose of preserving that evidence.
Evanescent Evidence
Authorize and coordinate the execution of the warrant and ensure that a _____ ______ ______ ________ _______ de-confliction request has been completed and submitted at least __ hours prior to the warrant being served.
Narcotics Information Network Joint Agency System
2 hours
____________ is a cross reference information source that prevents other officers, units and outside agencies from conducting investigations, search warrants or arrest warrants that would interfere with on going investigations.
NINJAS
Biological samples:
The lead officer assigned to serve the warrant shall:
Read warrant and Miranda rights to individual named in warrant
Ensure evidence obtained is listed on the warrant
Mark or tag the evidence with their initials and date of collection
Supervisors will designate officers to search specific areas. A minimum of ___ officers will be assigned per room
2
