Search Warrants

Question 1

Written Search Warrant Steps

Answer 1

1) De-Conflict by notifying Rissafe
2) Draft the application and Affidavit for warrant, establishing a probable cause nexus between the place to be searched and the items to be seized and WHY it is evidence.
3) if Applicabe, corroborate information received from informants.
4) Obtain and verify the address or location of the place to be searched and provide a detailed description.
5) Corroborate and verify all information that will be put into the affidavit.

6) if applicable the following factors will be included:
- Persons that can reasonably be expected to be at location of search
- Persons with previous arrests for violence or intelligence stating a propensity for violence
- Threats of violence toward police made by suspect toward covert officers, UC officers or informants.
- if the location is fortified with bars, walls, shrubbery or guarded by animals or surveillance cameras.
- likelihood evidence will be destroyed
- justification for use of SWAT
- Justification for night time clause, sealing order and turnover order

7) Once the application is complete,
- ensure the information is the same on both the application and affidavit
- have a second officer review (officers name and p# should be noted in the officers report after the service of the warrant.

8) Give to supervisor for review who will.
- ensure de-confliction
- ensure probable cause has been established between place to be searched and items to be seized
- if applicable, ensure officer corroborates information from an informant.
- verify ALL info is correct (VERIFY IAP IF ATTACHED)
- verify all of the officers responsibilities have been completed
- authorize officer to contact DA

9) officer contacts DA to review probable cause

10) officer contacts the on call “signing judge” for approval.
- if the judge refuses to sign the warrant, the officer will notify his supervisor and the approving DA immediately.

7)

Question 2

Parts of a telephonic search warrant.

Answer 2

1) Search Warrant Application and Affidavit
2) Duplicate Original S/W
3) Recording of telephone conversation with Judge
4) Search Warrant return
5) Sealing order if applicable
6) Turn over order if applicable- should not be used for a telephonic warrant

Question 3

Steps for Obtaining a telephonic search warrant

Answer 3

1) Officer Will
a) De-conflict with RISS
b) Draft the application establishing probable cause between the place to be searched and the items to be seized
c) if applicable, corroborate information received from informants
d) obtain and verify address or location and provide a detailed description
e) corroborate and verify all information that will be put into the warrant
f) if applicable, dictate into the warrant
- Persons reasonably expected to be inside residence
- Persons with previous arrests for violence or staying a propensity for violence
- threats of violence made toward police by suspects to an officer or informant
- if the location is fortified with bars, walls or shrubbery or guarded by dogs or surveillance cameras
- the likelihood that evidence will be destroyed
- justification for the use of SWAT
- justification for night time clause, sealing order or turnover order

2) Verify requirements for the application and Affidavit for telephonic search warrant and duplicate original search warrant
a) The name and title of the application
b) a statement that there is probable cause to believe the specific items subject to seizure under the NRS may be found upon a specific designation or described place
c) allegation of fact supporting the statement, specifically setting forth the facts and circumstances establishing probable cause to believe the items are at the places to be searched
d) request the the court issue a search warrant directing search for and seizure of the items in question

3) Draft the duplicate original search warrant that shall include (1) an officers PC statement supported by oath or affirmation (2) particularity describing the place to be searched, and; (3) particularly describing the items sought to be seized. NOTE: Numbers 2&3 will match exactly what was dictated into the application and Affidavit for search warrant.
4) When practical a second officer will review the application and application along with the duplicate original Search Warrant and Tina supervisor for review
5) The name and p# of the officer will