Search Warrant Procedures

Question 1

What authorizes police to enter a dwelling to arrest a suspect?

Answer 1

• An arrest warrant allows entry when police have reason to believe the suspect is inside
• Entry is limited to the purpose of taking the suspect into custody

Question 2

What are the first two steps an officer must take when executing an arrest warrant?

Answer 2

1. Notify immediate supervisor
2. Complete an operational plan (to be reviewed by supervisor)
   
   • Exception: Exigent circumstances may bypass plan preparation

Question 3

List the 5 circumstances requiring consultation with MERGE commander or sergeant before serving an arrest warrant

Answer 3

1. The suspect has access to or a history of using or possessing firearms.
2. Intelligence indicates that the suspect has criminal history including crimes of felony violence, assaultive behavior towards police, or that he/she will force a confrontation with police.
3. The target location is fortified by a metal security door, gate or by other means that will frustrate entry into the structure(metal doors, gates)
4. There are aggravating factors such as surveilance cameras, lookouts, booby traps, vicious dogs, large/complex floor plans, and possible presence of illegal narcotics lab
5. The case being investigated includes a felony crime of violence or a crime in which a firearm was used.

Question 4

When is MERGE/CRU consultation required for warrant service?

Answer 4

• Required when any of the 5 consultation criteria are present
• If none of those criteria exist, any department unit (including Patrol) can serve the warrant
• BOI warrants may require consultation with CRU Commander/Sergeant

Question 5

What must an officer verify before executing a search warrant?

Answer 5

1. Confirm the premises are the actual location believed to contain seized items
2. Verify premises match those listed on the warrant
3. Cannot search additional residences not described in the warrant (without exigent circumstances)

Question 6

What steps should officers take if dogs might interfere with warrant execution?

Answer 6

1. Assess if dogs might:
   
   • Alert residents through barking
   • Physically attack officers
2. Develop a plan to non-lethally immobilize or isolate dogs
3. Deadly force is a last resort option when other methods are unreasonable

Question 7

What are the 5 circumstances requiring consultation before serving a search warrant?

Answer 7

1. Suspect has access to or history of firearms
2. Criminal history includes violent felony or potential officer confrontation
3. Location is fortified against entry
4. Presence of aggravating factors (cameras, lookouts, booby traps, complex layout)
5. Case involves violent felony or firearm-related crime

Question 8

What must an operational plan include?

Answer 8

• Threat assessment
• Determination of most appropriate personnel to serve the warrant
• Reviewed by supervisor (unless exigent circumstances prevent delay)

Question 9

When can standard warrant execution procedures be bypassed?

Answer 9

• Exigent circumstances
• Immediate threat to human life
• Potential destruction of critical evidence
• Situations requiring surprise or swift approach

Question 10

What is the special rule for BOI (Bureau of Investigation) warrants?

Answer 10

• BOI or their supervisor should consult CRU (Critical Response Unit) Commander or Sergeant
• MERGE and CRU may collaborate to determine warrant execution