SOP 321

Question 1

What are the two parts of a search warrant?

Answer 1

1) the affidavit
2) search warrant / return & inventory

Question 2

What are the three types of authorized searches?

Answer 2

1) a search authorized by a valid search warrant.
2) consent to search
3) warrantless search

Question 3

A search warrant affidavit must contain what information?

Answer 3

1) a complete and clear description of the person/property to be searched
2) A description of all property to be seized
3) facts and circumstances that establish probable cause for the warrant to be issued

Question 4

What are the steps for search warrant approval?

Answer 4

1) supervisor approval
2) DA approval
3) district Court Judge approval

Question 5

How long is a search warrant valid after judge’s authorization?

Answer 5

10 days.

Question 6

What hours are nighttime authorization required?

Answer 6

10pm to 6am

Question 7

Affiant responsibilities:

Answer 7

1) supervisor is present and thoroughly briefed prior to execution
2)all participants are briefed as to the area to be searched, and any exigent circumstances involving the premises or its occupants
3)have all necessary copies of the warrant and methods for evidence collection
4)advise the supervisor of any circumstances that might require SWAT
5A)Record the location of any items seized and who located the item
B)photograph evidence prior to it being seized
C)Complete an inventory of all items seized
D)tag all evidence
E)provide a copy of the search warrant and inventory to the defendant/representative/or leave a copy on the premises.
F) be responsible for the return if the warrant within 3 days if its execution

Question 8

Supervisor responsibilities for search warrants

Answer 8

A) be thoroughly briefed prior to submission the the DA’s office
B) supervisor presence is discretionary after they are briefed on the warrant
C) ensure that specific tasks are assigned to deputies present. Ensure at least one uniformed Deputy is present along with a Deputy capable of photographing the scene
D) ensure all non-uniformed deputies present are wearing body armor and a “raid jacket”
E) assign personnel for the purpose of protecting the scene, searching, amd preventing destruction of evidence
F) ensure video of the scene prior to entry at discretion of the supervisor
G) Notify FSD supervisor of the search
H) notify other jurisdictions when the execution is in their area
I) make a reasonable attempt to secure the premises following the execution of the search warrant

Question 9

What is required for a consent search?

Answer 9

1) the person has legal control of the area to be searched
2) must be aware any evidence could be used for criminal prosecution
3) consent is voluntary
4) a consent form is completed prior to the search
5) consent is given freely and without coercion

Question 10

Warrantless search exceptions:

Answer 10

1) search incident to arrest
2) plain view
3) hot pursuit
4) open fields
5) aerial surveillance
6) public places
7) exigent circumstances
8) abandoned property