Search Warrant Basics Flashcards
What is used in conjunction with a telephonic search warrant application and affidavit directing officers to search particular places and/or seize persons or things?
Duplicate Original Search Warrant
What is GPS covert deployment?
The surreptitious installation and use of a GPS device, pursuant to a search warrant.
What hours of the day do nighttime service requests on a search warrant allow an affiant to serve the search warrant?
Any
What type of warrant is acquired following or during the service of a primary warrant that is based on evidence found during the execution of the primary warrant that would exceed the scope of the primary warrant if seized?
Piggyback Warrant
What type of court order is issued upon a showing of “good cause” to protect the contents of an application and affidavit for a search warrant until a criminal complaint or indictment is filed or a court otherwise orders the application and affidavit for a search warrant unsealed?
Sealing Order
What is a sworn statement presented to a judge (written or verbal) supporting the issuance of a search warrant?
Search Warrant Application & Affidavit
Within how many days of the court’s authorization of a search warrant must the Search Warrant Return of Service be returned to the court?
10
Within how long after the court’s authorization of a DNA search warrant must the Search Warrant Return of Service be returned to the court?
6 Months
What is obtained in conjunction with a search warrant that authorizes an affiant to turn over property seized during service of a search warrant to another jurisdiction?
Turnover Order
What are the 3 methods for obtaining a search warrant?
- Written
- Telephonic
- Electronic
What are the 3 main parts of a written search warrant?
- PC Statement
- Location to be searched
- Items to be seized
What requests may be made to an applicable search warrant? (4)
- Sealing Order
- Turnover Order
- Nighttime Service Request
- Search of Persons Present
What is the list of items that has been seized during a search warrant?
Search Warrant Return of Service
Once an application and affidavit for a search warrant has been completed and a second officer has reviewed it, a supervisor will complete which 6 tasks?
- Ensure deconfliction
- Ensure PC nexus links place to be searched with items sought to be seized
- Ensure information obtained from informants is corroborated
- Verify information, review supporting documentation, and the IAP if applicable
- Verify all officer responsibilities have been completed
- After review, authorize affiant to contact DA’s office for review and approval.
Judges of which court do not have jurisdiction to authorize search warrants?
Family Court
What are the 7 parts of a telephonic search warrant?
- Application & Affidavit
- Duplicate Original Search Warrant
- Recording of telephone conversation with the judge
- Recording transcription
- Search Warrant Return
- Sealing Order (when applicable)
- Turnover Order (when applicable)
When may a telephonic search warrant be requested?
Only under Exigent Circumstances as determined by the supervisor
What are the 5 parts of an electronic search warrant?
- Application & Affidavit
- Electronic search warrant (PC statement describing location and items sought to be seized)
- Return of Service
- Sealing Order (when applicable)
- Turnover Order (when applicable)
In what 2 circumstances are IAP’s required in the preparation of serving search warrants?
- Criminal Intel Service
- SWAT Service
When officers assist an administrative agency in the service of an administrative warrant, what 7 things will a sergeant do?
- Respond to the scene
- Review the warrant ensuring a judge’s signature is affixed
- Ensure the appropriate number of uniformed officers are present to clear the premises
- Ensure a marked patrol unit is placed in plain sight of the target location
- Ensure dispatch is aware that officers are entering
- Determine if officers need to remain on scene
- Ensure an officer scans a copy of the warrant into OnBase
How often will the Search & Seizure Committee convene to discuss search and seizure policy and training?
Quarterly
Any search warrant that has not been served within _______ days will be marked as “not served” .
10 DAYS
The SWAT Section __________ must approve nighttime service (_____to _____hours) for all search warrants served by SWAT.
Lieutenant
1900 to 0700