Search warrants Flashcards
What is the purpose of the Search Warrants policy?
To provide officers with guidelines for evaluation and execution of a search warrant.
Who is an Affiant according to the policy?
A person (usually an officer) who swears under oath that the information in the affidavit is true.
Define an Administrative Search Warrant.
A warrant served in a police-controlled environment for items like cell phones, packages, or blood.
Explain a Knock and Announce Search Warrant.
Officers knock, announce presence, provide occupants opportunity to open door before search.
What is a No-Knock Warrant?
A warrant where officers do not have to announce themselves before executing.
Who is the Search Warrant Supervisor responsible for?
Responsible for review, approval, briefing, and execution of a search warrant.
What is the required action for Lexington police officers executing a knock and announce search warrant?
Physically knock, announce as law enforcement with a warrant, wait before entering.
What must all Lexington Police Officers present during a search warrant execution have?
Body-worn cameras (BWC) that are activated during the operation.
According to the procedures, what is the responsibility of the affiant securing the search warrant?
Gathering relevant information about the search warrant site and completing operational plan.
Where can one find information regarding the process for obtaining search warrants?
Refer to G.O. series 1978-01 Legal Process for applying and obtaining search warrants.
Who should be notified of the warrant execution prior to execution?
The Patrol Duty Commander should be notified.
To whom should the Search Warrant Supervisor make a request for execution assistance from other bureaus?
The unit lieutenant(s) or above of the appropriate bureau(s).
When requesting assistance from the Emergency Response Unit (ERU), who should make the request?
The Search Warrant Supervisor should make the request directly to the ERU Commander.
Who assumes overall responsibility for executing the search warrant after ERU stabilizes the scene?
The Search Warrant Supervisor assumes overall responsibility.
Who will participate in the initial entry and securing of the scene based on the briefing?
Only officers present for the briefing will participate.
To what extent should the danger of the search warrant execution be limited to?
It should not exceed the training and experience of available officers.
Who makes all assignments to ensure clarity on duties during a briefing?
The Search Warrant Supervisor makes all assignments.
Under what circumstances may officers deviate from the designated route?
Only if unexpected circumstances arise and with approval from the Search Warrant Supervisor.
What attire are officers required to wear during the execution of a search warrant?
Body armor, ballistic helmet, operationally ready body-worn camera, and attire identifying them as police officers.
What should the Search Warrant Supervisor instruct officers to review during the briefing?
The Briefing Checklist Worksheet of the Search Warrant Operational Plan and the Search Warrant Operational Plan Briefing.
What should the officer ensure regarding seized items of evidence?
Ensure all seized items are booked per current department procedures.
How should the search be conducted in terms of force?
Search should be conducted with reasonable force.
What should be avoided during the search of premises or personal belongings?
Excessive destruction should be avoided.
How should damage be limited during a detailed search?
Damage should be limited to what is absolutely necessary.
What are the guidelines on the length of a search?
No specific limit on length, but should be concluded reasonably.
What should be done with a copy of the search warrant if no occupant is present?
Leave a copy in a conspicuous place at the location.
What measures should be taken to secure the premises after a search?
Appropriate measures to secure the premises as much as possible.
What must the Search Warrant Supervisor decide regarding damage documentation?
Decide to what extent damage caused during the execution is documented.
What reports must be attached after the execution of a Knock and Announce Search Warrant?
Knock and Announce Search Warrant GO 2016-02A, Search Warrant Operational Plan, Search Warrant Operational Plan Briefing.
When should participating officers assemble for a debriefing after a search warrant service?
In a timely manner upon conclusion of the warrant service.
Who should conduct the debriefing after a search warrant service?
The Search Warrant Supervisor and the affiant and/or other designated officer.
What aspects should be reviewed during the debriefing?
Review overall operational plan, deficiencies in intelligence, training needs, policy or tactical problems, means to address concerns.
Who is responsible for completing the After Action Report Worksheet of the Search Warrant Operational Plan?
The Search Warrant Supervisor.
What is required to be returned after the completion of a search warrant service?
Original affidavit, search warrant, and completed inventory of all seized items.
Within how many business days should the affiant return the search warrant documents?
Within 7 business days.
What condition must be met to deviate from the 7-day return requirement of search warrant documents?
Deviation must be based on the reasonable belief of causing harm to an ongoing investigation or its participants.
Who must approve any deviation from the 7-day return requirement of search warrant documents?
The affiant’s section lieutenant.
What should be sufficiently detailed in an affidavit for a search warrant?
The place(s), person(s), and items to be searched and seized.
Before applying for an administrative search warrant, what must the affiant do?
Discuss the circumstances and facts of the case with a supervisor.
Who must review and approve an administrative search warrant for a residence or building?
The Search Warrant Supervisor.
What is the responsibility of the Search Warrant Supervisor in knock and announce search warrants?
To evaluate risk, be in charge at the scene, and oversee execution.
What must the Search Warrant Supervisor do before executing a search warrant?
Consult with shift or unit lieutenant for authorization and assistance.
What should officers involved in executing a search warrant have in numbers?
Superiority over suspects and other occupants at the scene.
How should the Search Warrant Supervisor request officer assistance for search warrant execution?
Through appropriate sector lieutenant or sergeant.
What must the Search Warrant Supervisor ensure before executing a search warrant?
Officers have superiority in numbers and have been briefed.
When should the ‘Defendant’ line on the original search warrant be completed?
Prior to returning the search warrant to the Court Clerk.
What details should be recorded when returning the search warrant?
The date, time, and clerk’s name to which the original documents were returned.
What training should officers involved in executing search warrants receive?
Training in requirements of a valid search warrant, warrant service procedures, entry tactics, equipment handling.
Who schedules the periodic training related to executing search warrants?
The Training Section or a bureau Assistant Chief.
What should the Search Warrant Supervisor do prior to execution of the warrant?
Attempt to determine if any circumstances have changed that make executing the warrant undesirable.
What should the affiant visually confirm before executing a knock and announce search warrant?
That officers are on the correct street and the name matches the one in the search warrant.
What should officers do following the knock and announce during a search warrant execution?
Delay entry for an appropriate period to provide a reasonable opportunity for an occupant to respond.
When can forced entry be made during the execution of a search warrant?
If there is reasonable suspicion that the delay would create unreasonable risks or permit evidence destruction.
Who must approve forced entry during a search warrant execution?
The Search Warrant Supervisor.
What should officers do when it is necessary to use force to gain entry during a search warrant execution?
Use a reasonable level of force to accomplish the entry.
