Warrant Info Flashcards
1531 PC
Knock & Notice for forced entry to execute SW
844 PC
Knock & Notice for forced entry to execute AW
Satisfy knock & notice requirements
- Knock make presence known
- Identify yourself/agency
- State purpose
- Demand entry
- Wait reasonable time
Why knock and notice established
- protect innocent by standers
- protect police
- prevent confrontations
3 parts of SW
- SW
- Affidavit
- R&I
What must appear in a SW per 1529 &1533
- Name of affiant
- Affidavit
- Desc of person, place, or things to be searched
- Desc of person, place, or thing to be seized
- Judges signature
- Date issued
- Night service authorization
Notifications prior to SW or 4th waiver
- Communications center
- SDLECC
- Local agency or sub-station
What must be done prior to exec SW or 4th
- Op plan
- High-risk entry check list, SED
- SDLECC call
Operations plan items
- Type of operation
- Potential problems
- Nearest hospital
- Investigation thus far
- Notifications- LECC, Comm center, Local
- Location of service
- Info on Suspect, criminal history, use of weapons or violence
- Suspect vehicle
- Assignment of personnel
- Assignment of Equipment
- Trouble or bust signal
- Special case instructions
- Area diagram Floor plan
- Primary and secondary radio freq
15 Case Agent & Supervisor name
SED/High Risk entry checklist
- Geographical layout of the target, property
- Fortified location
- Sophisticated counter surveillance system
- Booby traps believed to be on premises
- Automatic weapons, explosives, military ord
- Firearms believed to be on the premises and the suspect made threats to use them
- Specific threats of violence have been made recently against police officers
- Suspect a 3 striker
- Suspect have prior conv violence against PO
- Suspect wanted for felonious assault on peace officer involving weapons
- Likelihood of a violent armed conflict
P&P 6.116
Supervisor will be on scene for all SW & 4th
Telephonic warrant proceedure
- 1700-0800
- Under oath
- Recorded and later transcribed
SD Law ways to search for arrest warrant
- Name search
- Location search
- Number search
- Warrant case number
Ramey Warrant
Prior to DA issuing a warrant.
Arrest within the home require a warrant. Exception to this:
1. Consent to enter
2. L.E. lawfully inside
3. Exigent circumstances, (pursuit, escape, dest of evidence)
4. Parole/probation with 4th waiver
Steagald Warrant
Search a 3rd party residence looking for a person with an arrest warrant
Thompson Warrant
Based on a phone conversation
Hobbs Warrant
Portions of warrant sealed and given to judge as an attachment
Clelland Warrant
Based on training and experience, traffic stop, take back to the residence
Skellton Warrant
Untested informant is taken before a judge to be interviewed by the judge and proven reliable, enabling LE to get the warrant.
Special Master Warrant
Search of documents that are normally privilaged
Warrantless searches
- Consent
- Plain view
- Probable cause
- Incident to arrest
- 4th, probation/parole
- Vehicle
- Administrative 2805 VC
- Special needs search, (schools, airport, fed buildings)
What are exigent circumstances
- Eminent danger to life
- Eminent escape of the suspect
- Serious damage to property
- Destruction of evidence
What needed for night service
Showing of good cause
