State Search Warrant

Question 1

Definition: A sworn statement verified by oath or affirmation.

Answer 1

Affidavit

Question 2

Definition: Items or property that are illegal to possess or transport.

Answer 2

Contraband

Question 3

Definition: The results of a criminal act. It is the material objects acquired in consequence of commission of a crime.

Answer 3

Fruits of Crime

Question 4

Definition: Anything commonly used for criminal purposes and possessed by a person under circumstances not manifestly appropriate for lawful uses it may have.

Answer 4

Instruments of Crime

Question 5

Definition: Written order of a court commanding the search of a person, place, or thing and the seizure, or photographing or copying, of property found thereon or therein.

Answer 5

Search Warrant

Question 6

A search warrant may be issued by a court upon the showing of _______ _______ and upon meeting certain other conditions.

Answer 6

Probably Cause

Question 7

Obtaining a search warrant requires a sworn member or prosecuting attorney to submit to a court a written ______ including an ________.

Answer 7

Application / Affidavit

Question 8

The warrant request must include what three (3) things?

Answer 8

1. The address and a physical description of the premises
2. Items to be searched for
3. The Probable Cause for the warrant

Question 9

Warrant applications and affidavits prepared by a sworn member must be reviewed by a _________ _______ prior to submission to a court.

Answer 9

Prosecuting Attorney

Question 10

When a sworn member believes probable cause exists for the application of a search warrant, consent must be obtained from an element ________/_________ before contacting the applicable investigating element.

Answer 10

Supervisor/Commander

Question 11

The Sworn Member-in-Charge of executing the search warrant will ensure the ________ and _________ of the place to be searched reflected on the warrant matches the current location.

Answer 11

Address / Description

Question 12

The Sworn Member-in-Charge of executing the search warrant will ensure that the warrant is signed by a ________.

Answer 12

Judge

Question 13

The Sworn Member-in-Charge of executing the search warrant will determine the _________ of _________ required to effectively execute the warrant.

Answer 13

Number of Personnel

Question 14

The Sworn Member-in-Charge of executing the search warrant will identify _______ _______ where the public could be exposed to danger.

Answer 14

Problem Areas

Question 15

A search warrant must be executed as soon as ________, and shall expire if it is not executed and the return made within _______ days.

Answer 15

Practical / Ten (10)

Question 16

Searches for, and seizures of property will be conducted in a manner which is in compliance with all __________ and _________ legal requirements to ensure the admissibility of evidence in a court of law.

Answer 16

Federal and State

Question 17

The U.S. Supreme Court rules that search warrant and arrest warrant entries must be preceded by a _______ and an _________.

Answer 17

Knock and Announcement

Question 18

There are no ___________ ___________ to the knock and announce rule.

Answer 18

Blanket Exceptions

Question 19

True/False: Sworn members may generally ask questions of a detained person during an execution of a search warrant without the need for reasonable suspicion.

Answer 19

True

Question 20

A _______ may authorize a “No-Knock: entry warrant.

Answer 20

Judge

Question 21

When a warrant application establishes that some __________ _________ exists or that knocking would be futile, a judge may authorize a “no-knock” entry at the time the warrant is issued.

Answer 21

Exigent Circumstances

Question 22

After entry has been gained, entry personnel will conduct a ________ _________ to ensure that all persons present are brought under control.

Answer 22

Protective Sweep

Question 23

When executing a search warrant, be aware of the ________ ________, which is a rule that any evidence secured by illegal means and in bad faith cannot be introduced in a criminal trial and a technical error in a search warrant made in good faith will not cause exclusion of the evidence obtained under that warrant.

Answer 23

Exclusionary Rule

Question 24

The Return/Receipt for Search Warrant, Form 264 P.D. of seized property shall be delivered to the prosecutor’s office in the county where the property was seized within _____ working days.

Answer 24

Two (2)