Search Warrants / Pen Registers

Question 1

What types of Search Warrants are there?

Answer 1

Standard Search Warrant
Telephonic Search Warrant
Electronic Search Warrant

Question 2

What are the parts to a Search warrant / Telephonic SW

Answer 2

Search Warrant-
Search Warrant Application and Affidavit
Search Warrant
Return
Seal (if approved)
Turnover Order ( if approved)

Telephonic SW
Search Warrant
Duplicate Original SW
Return
Sealing Order
Audio Recording
Transcribed Application and Affidavit

Question 3

What are the two types of Search Warrant IAPs

Answer 3

Low Risk / Non SWAT
High Risk / SWAT

Question 4

What is required for a Low Risk / Non- SWAT IAP

Answer 4

Reasonably believed to be unoccupied
OR if occupied reasonably believed to be cooperative and non violent
Risk of danger is low or minimal
IF force is required for entry, it can be done with tools available to patrol

Question 5

Who can approve a low risk / non-swat Warrant

Answer 5

Lieutenant must approve and bureau commander notified

Question 6

Who can approve a High Risk / SWAT Search Warrant

Answer 6

Must be approved by Lt and Bureau Commander

Question 7

Steps to obtain a Search Warrant

Answer 7

1. Riss / deconflict address
2. Identify probable cause nexus between place to be searched and items to be seized
3. Corroborate info from Informants
   4. Verify address and corroborate
4. Corroborate witness statements
5. If applicable, identify; Anyone expected to be present, anyone with violent history or threats to LE, fortifications, weapons or vicious animals! Likelihood of evidence being destroyed, justification for nighttime or sealing order
6. Ensure information is identical between warrant and affidavit
7. Have warrant read by another detective then give to Sgt for approval.
8. Contact DA for approval
9. Contact Judge for signing
10. Complete and return to court within 10 days
11. Complete SW officer’s report
12. Ensure warrant is uploaded into onbase

Question 8

What are the types of Pen Registers

Answer 8

Pen Register - provides incoming and outgoing calls and text messages. (Does not obtain content) and all other OTT software.CDR and subscriber information

Precision Pen Register - Provides incoming and outgoing calls and text messages and OTT data but also provided the cell tower and gps location of the phone number. PC is required for the phone number

Title III - Most invasive and provides content or text messages and phone calls

Emergency Pen Register - Must meet the criteria for an emergency to be declared, can only be approved by TASS detectives, Selected SWAT Crisis Negotiators, Homicide Lieutenant
Signed warrant must be returned to the telecommunications company within 48 hours

Question 9

What constitutes an Emergency for an Emergency Pen

Answer 9

1. Imminent threat of death or sever bodily injury to any person
2. Conspiratorial acts characteristic of organized crime
3. National Security threat
4. Active attack on a protected computer that constitutes a crime punishable by no less than 1 year in prison.

Question 10

Process for obtaining a Pen Register

Answer 10

1. Determine that a Pen Register is a viable investigative step.
   - Consider the need to analyze incoming and outgoing calls, need to analyze cell tower information from which the target phone is using, analysis of GPS location on target number
2. Complete the appropriate Template online
3. Discuss and review th warrant with Sgt.
4. Contact the DA for approval ( only certain DA’s can approve)
5. Complete TASS request
6. Give TASS request and two copies to Sgt for approval
   7.Sign both copies and present to District court judge for approval
7. Take signed original copies to District Court clerk for stamp and filing, keep one original for case file
   9.Email signed PEN and TASS request to TASS (do not need an original)
8. Notify TASS of any issues during operation Al period
9. Notify TASS if pen can be stopped prior to 60 days.