Search warrants

Question 1

What is the purpose of the Search Warrants policy?

Answer 1

To provide officers with guidelines for evaluation and execution of a search warrant.

Question 2

Who is an Affiant according to the policy?

Answer 2

A person (usually an officer) who swears under oath that the information in the affidavit is true.

Question 3

Define an Administrative Search Warrant.

Answer 3

A warrant served in a police-controlled environment for items like cell phones, packages, or blood.

Question 4

Explain a Knock and Announce Search Warrant.

Answer 4

Officers knock, announce presence, provide occupants opportunity to open door before search.

Question 5

What is a No-Knock Warrant?

Answer 5

A warrant where officers do not have to announce themselves before executing.

Question 6

Who is the Search Warrant Supervisor responsible for?

Answer 6

Responsible for review, approval, briefing, and execution of a search warrant.

Question 7

What is the required action for Lexington police officers executing a knock and announce search warrant?

Answer 7

Physically knock, announce as law enforcement with a warrant, wait before entering.

Question 8

What must all Lexington Police Officers present during a search warrant execution have?

Answer 8

Body-worn cameras (BWC) that are activated during the operation.

Question 9

According to the procedures, what is the responsibility of the affiant securing the search warrant?

Answer 9

Gathering relevant information about the search warrant site and completing operational plan.

Question 10

Where can one find information regarding the process for obtaining search warrants?

Answer 10

Refer to G.O. series 1978-01 Legal Process for applying and obtaining search warrants.

Question 11

Who should be notified of the warrant execution prior to execution?

Answer 11

The Patrol Duty Commander should be notified.

Question 12

To whom should the Search Warrant Supervisor make a request for execution assistance from other bureaus?

Answer 12

The unit lieutenant(s) or above of the appropriate bureau(s).

Question 13

When requesting assistance from the Emergency Response Unit (ERU), who should make the request?

Answer 13

The Search Warrant Supervisor should make the request directly to the ERU Commander.

Question 14

Who assumes overall responsibility for executing the search warrant after ERU stabilizes the scene?

Answer 14

The Search Warrant Supervisor assumes overall responsibility.

Question 15

Who will participate in the initial entry and securing of the scene based on the briefing?

Answer 15

Only officers present for the briefing will participate.

Question 16

To what extent should the danger of the search warrant execution be limited to?

Answer 16

It should not exceed the training and experience of available officers.

Question 17

Who makes all assignments to ensure clarity on duties during a briefing?

Answer 17

The Search Warrant Supervisor makes all assignments.

Question 18

Under what circumstances may officers deviate from the designated route?

Answer 18

Only if unexpected circumstances arise and with approval from the Search Warrant Supervisor.

Question 19

What attire are officers required to wear during the execution of a search warrant?

Answer 19

Body armor, ballistic helmet, operationally ready body-worn camera, and attire identifying them as police officers.

Question 20

What should the Search Warrant Supervisor instruct officers to review during the briefing?

Answer 20

The Briefing Checklist Worksheet of the Search Warrant Operational Plan and the Search Warrant Operational Plan Briefing.

Question 21

What should the officer ensure regarding seized items of evidence?

Answer 21

Ensure all seized items are booked per current department procedures.

Question 22

How should the search be conducted in terms of force?

Answer 22

Search should be conducted with reasonable force.

Question 23

What should be avoided during the search of premises or personal belongings?

Answer 23

Excessive destruction should be avoided.

Question 24

How should damage be limited during a detailed search?

Answer 24

Damage should be limited to what is absolutely necessary.

Question 25

What are the guidelines on the length of a search?

Answer 25

No specific limit on length, but should be concluded reasonably.

Question 26

What should be done with a copy of the search warrant if no occupant is present?

Answer 26

Leave a copy in a conspicuous place at the location.

Question 27

What measures should be taken to secure the premises after a search?

Answer 27

Appropriate measures to secure the premises as much as possible.

Question 28

What must the Search Warrant Supervisor decide regarding damage documentation?

Answer 28

Decide to what extent damage caused during the execution is documented.

Question 29

What reports must be attached after the execution of a Knock and Announce Search Warrant?

Answer 29

Knock and Announce Search Warrant GO 2016-02A, Search Warrant Operational Plan, Search Warrant Operational Plan Briefing.

Question 30

When should participating officers assemble for a debriefing after a search warrant service?

Answer 30

In a timely manner upon conclusion of the warrant service.

Question 31

Who should conduct the debriefing after a search warrant service?

Answer 31

The Search Warrant Supervisor and the affiant and/or other designated officer.

Question 32

What aspects should be reviewed during the debriefing?

Answer 32

Review overall operational plan, deficiencies in intelligence, training needs, policy or tactical problems, means to address concerns.

Question 33

Who is responsible for completing the After Action Report Worksheet of the Search Warrant Operational Plan?

Answer 33

The Search Warrant Supervisor.

Question 34

What is required to be returned after the completion of a search warrant service?

Answer 34

Original affidavit, search warrant, and completed inventory of all seized items.

Question 35

Within how many business days should the affiant return the search warrant documents?

Answer 35

Within 7 business days.

Question 36

What condition must be met to deviate from the 7-day return requirement of search warrant documents?

Answer 36

Deviation must be based on the reasonable belief of causing harm to an ongoing investigation or its participants.

Question 37

Who must approve any deviation from the 7-day return requirement of search warrant documents?

Answer 37

The affiant’s section lieutenant.

Question 38

What should be sufficiently detailed in an affidavit for a search warrant?

Answer 38

The place(s), person(s), and items to be searched and seized.

Question 39

Before applying for an administrative search warrant, what must the affiant do?

Answer 39

Discuss the circumstances and facts of the case with a supervisor.

Question 40

Who must review and approve an administrative search warrant for a residence or building?

Answer 40

The Search Warrant Supervisor.

Question 41

What is the responsibility of the Search Warrant Supervisor in knock and announce search warrants?

Answer 41

To evaluate risk, be in charge at the scene, and oversee execution.

Question 42

What must the Search Warrant Supervisor do before executing a search warrant?

Answer 42

Consult with shift or unit lieutenant for authorization and assistance.

Question 43

What should officers involved in executing a search warrant have in numbers?

Answer 43

Superiority over suspects and other occupants at the scene.

Question 44

How should the Search Warrant Supervisor request officer assistance for search warrant execution?

Answer 44

Through appropriate sector lieutenant or sergeant.

Question 45

What must the Search Warrant Supervisor ensure before executing a search warrant?

Answer 45

Officers have superiority in numbers and have been briefed.

Question 46

When should the ‘Defendant’ line on the original search warrant be completed?

Answer 46

Prior to returning the search warrant to the Court Clerk.

Question 47

What details should be recorded when returning the search warrant?

Answer 47

The date, time, and clerk’s name to which the original documents were returned.

Question 48

What training should officers involved in executing search warrants receive?

Answer 48

Training in requirements of a valid search warrant, warrant service procedures, entry tactics, equipment handling.

Question 49

Who schedules the periodic training related to executing search warrants?

Answer 49

The Training Section or a bureau Assistant Chief.

Question 50

What should the Search Warrant Supervisor do prior to execution of the warrant?

Answer 50

Attempt to determine if any circumstances have changed that make executing the warrant undesirable.

Question 51

What should the affiant visually confirm before executing a knock and announce search warrant?

Answer 51

That officers are on the correct street and the name matches the one in the search warrant.

Question 52

What should officers do following the knock and announce during a search warrant execution?

Answer 52

Delay entry for an appropriate period to provide a reasonable opportunity for an occupant to respond.

Question 53

When can forced entry be made during the execution of a search warrant?

Answer 53

If there is reasonable suspicion that the delay would create unreasonable risks or permit evidence destruction.

Question 54

Who must approve forced entry during a search warrant execution?

Answer 54

The Search Warrant Supervisor.

Question 55

What should officers do when it is necessary to use force to gain entry during a search warrant execution?

Answer 55

Use a reasonable level of force to accomplish the entry.