Warrant Info Flashcards

1
Q

1531 PC

A

Knock & Notice for forced entry to execute SW

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2
Q

844 PC

A

Knock & Notice for forced entry to execute AW

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3
Q

Satisfy knock & notice requirements

A
  1. Knock make presence known
  2. Identify yourself/agency
  3. State purpose
  4. Demand entry
  5. Wait reasonable time
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4
Q

Why knock and notice established

A
  1. protect innocent by standers
  2. protect police
  3. prevent confrontations
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5
Q

3 parts of SW

A
  1. SW
  2. Affidavit
  3. R&I
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6
Q

What must appear in a SW per 1529 &1533

A
  1. Name of affiant
  2. Affidavit
  3. Desc of person, place, or things to be searched
  4. Desc of person, place, or thing to be seized
  5. Judges signature
  6. Date issued
  7. Night service authorization
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7
Q

Notifications prior to SW or 4th waiver

A
  1. Communications center
  2. SDLECC
  3. Local agency or sub-station
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8
Q

What must be done prior to exec SW or 4th

A
  1. Op plan
  2. High-risk entry check list, SED
  3. SDLECC call
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9
Q

Operations plan items

A
  1. Type of operation
  2. Potential problems
  3. Nearest hospital
  4. Investigation thus far
  5. Notifications- LECC, Comm center, Local
  6. Location of service
  7. Info on Suspect, criminal history, use of weapons or violence
  8. Suspect vehicle
  9. Assignment of personnel
  10. Assignment of Equipment
  11. Trouble or bust signal
  12. Special case instructions
  13. Area diagram Floor plan
  14. Primary and secondary radio freq
    15 Case Agent & Supervisor name
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10
Q

SED/High Risk entry checklist

A
  1. Geographical layout of the target, property
  2. Fortified location
  3. Sophisticated counter surveillance system
  4. Booby traps believed to be on premises
  5. Automatic weapons, explosives, military ord
  6. Firearms believed to be on the premises and the suspect made threats to use them
  7. Specific threats of violence have been made recently against police officers
  8. Suspect a 3 striker
  9. Suspect have prior conv violence against PO
  10. Suspect wanted for felonious assault on peace officer involving weapons
  11. Likelihood of a violent armed conflict
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11
Q

P&P 6.116

A

Supervisor will be on scene for all SW & 4th

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12
Q

Telephonic warrant proceedure

A
  1. 1700-0800
  2. Under oath
  3. Recorded and later transcribed
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13
Q

SD Law ways to search for arrest warrant

A
  1. Name search
  2. Location search
  3. Number search
  4. Warrant case number
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14
Q

Ramey Warrant

A

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

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15
Q

Steagald Warrant

A

Search a 3rd party residence looking for a person with an arrest warrant

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16
Q

Thompson Warrant

A

Based on a phone conversation

17
Q

Hobbs Warrant

A

Portions of warrant sealed and given to judge as an attachment

18
Q

Clelland Warrant

A

Based on training and experience, traffic stop, take back to the residence

19
Q

Skellton Warrant

A

Untested informant is taken before a judge to be interviewed by the judge and proven reliable, enabling LE to get the warrant.

20
Q

Special Master Warrant

A

Search of documents that are normally privilaged

21
Q

Warrantless searches

A
  1. Consent
  2. Plain view
  3. Probable cause
  4. Incident to arrest
  5. 4th, probation/parole
  6. Vehicle
  7. Administrative 2805 VC
  8. Special needs search, (schools, airport, fed buildings)
22
Q

What are exigent circumstances

A
  1. Eminent danger to life
  2. Eminent escape of the suspect
  3. Serious damage to property
  4. Destruction of evidence
23
Q

What needed for night service

A

Showing of good cause