Search warrant Flashcards
What are the three parts to a search warrant?
- Application and Affidavit for Search Warrant
- The search warrant
- Return of service
The Application and Affidavit for Search Warrant must contain:
- Officer’s probable cause statement supported by oath or affirmation
- Particularly describing the place to be searched
- Particularly describing the items or things to be seized
The affidavit must also include:
- The affiant’s identity and experience
- The crime alleged and why the items sought to be seized are evidence of the crime
- Statement of probable cause establishing a nexus or link between the items sought to be seized and the place to be searched
- May include a request and justification for:
- Sealing order
- Turn-over order
- Nighttime service request
- Search of persons present
The Search Warrant - a court order issued upon what?
- An officer’s probable cause supported by oath or affirmation
- Particularly describing the place to be searched
- Particularly describing the items or things to be seized
If requested, and good cause found, a court may include a sealing order, turn-over order, and/or night-time service request
Return of service
A list of the items seized during the execution of the search warrant
A copy is left with the search warrant and the original is returned to the court within 10 days
Where will the search warrant and return be left?
The search warrant and return shall be left “at the place of the search” or a copy may be given to the person having authority over the property.
Where will the application and affidavit for search warrant be left?
The application and affidavit for search warrant shall be left “at the place of the search” or a copy may be given to the person having authority over the property, unless a sealing order has been authorized by a judge in which case the sealing order will be left in the place of the application and affidavit.
What judges do not have jurisdiction to authorize search warrants?
Family court judges
Supervisor responsibilities in obtaining a search warrant:
- Ensure the investigating officer has de-conflicted the investigation by notifying RISSafe
- ensures the investigating officer contacted the investigative detail associated with the crime being investigated to further deconflict - Read the application and affidavit for search warrant
- establish a probable nexus between the place to be searched and the items sought to be seized - Ensure the officer corroborated information received from informants
- identify reliability, source of knowledge and motivation - Review all documents in the case file and Incident Action Plan if applicable
- Verify all other officer responsibilities have been completed
- After review authorize Affiant to contact a representative of the District attorney’s officer for approval
What are the search warrant classifications?
- Non-SWAT
- SWAT
The use of SWAT to serve search warrants is preferred
What are the 12 Non-SWAT/No IAP service of search warrants?
- Premise freeze
- Impounded vehicle (tow yard or facility)
- Vehicle in police custody (roadside)
- Electronic data storage
- Impounded locked boxes, file cabinets and safes
- Safe deposit boxes
- Documents and/or parcels held by professional third parties
- Buccal swabs
- Blood draw
- Body cavity search
- Unoccupied storage facilities
- Any structure reasonably believed to be unoccupied
SWAT will serve the search warrant if any of these conditions exist:
- Forced entry required
- Unknown or violent criminal history associated with persons likely to be present during warrant service
- Likelihood that weapons will be encountered
-Dogs, fortification, surveillance
What are the post search warrant requirements?
The supervisor will ensure all officer’s responsibilities are completed, which are
-Impound all evidence
-Complete a detailed OR including location, items seized and their location, all persons present during service, damage to structure or other property, how structure was secured
-send copies of sw documents to records
-send original sw, application and affidavit, and return to originating court within 10 days
If damage to the structure or property occurred forward a copy of OR to risk management
