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Questions and Answers
What is an affidavit in the context of search warrant procedures?
What is an affidavit in the context of search warrant procedures?
- A document outlining the search strategy.
- An informal report of criminal activity.
- A sworn statement verified by oath or affirmation. (correct)
- A summary of the court's ruling.
According to the procedural instruction, what may a search warrant command?
According to the procedural instruction, what may a search warrant command?
- The search of a person, place, or thing. (correct)
- Only the search of a person.
- The arrest of individuals related to the search.
- The seizing of individuals present at a location.
What is defined as 'contraband' in the guidelines?
What is defined as 'contraband' in the guidelines?
- Legal items restricted by law.
- Items or property that are illegal to possess or transport. (correct)
- Property obtained through lawful means.
- Any items involved in the judicial process.
Which of the following best describes 'fruits of crime'?
Which of the following best describes 'fruits of crime'?
What must be shown for a search warrant to be issued?
What must be shown for a search warrant to be issued?
What is meant by 'Instruments of Crime'?
What is meant by 'Instruments of Crime'?
What is the purpose of deconflicting related persons and locations before executing a search warrant?
What is the purpose of deconflicting related persons and locations before executing a search warrant?
What does the RSMo 542 regulate in relation to search warrants?
What does the RSMo 542 regulate in relation to search warrants?
What must be included in the affidavit when applying for a search warrant?
What must be included in the affidavit when applying for a search warrant?
What is the purpose of providing probable cause in a search warrant application?
What is the purpose of providing probable cause in a search warrant application?
Which of the following is true about the review process for warrant applications?
Which of the following is true about the review process for warrant applications?
Where should a search warrant be obtained?
Where should a search warrant be obtained?
What type of warrant requires a justification for the request?
What type of warrant requires a justification for the request?
What is the role of the judge in the search warrant process?
What is the role of the judge in the search warrant process?
Which annex specifically addresses the process prior to executing a search warrant?
Which annex specifically addresses the process prior to executing a search warrant?
What information must an affidavit include regarding the items to be searched for?
What information must an affidavit include regarding the items to be searched for?
What is the main responsibility of the Sworn Member-in-Charge during the execution of a warrant?
What is the main responsibility of the Sworn Member-in-Charge during the execution of a warrant?
Which of the following is NOT a responsibility of the Sworn Member-in-Charge?
Which of the following is NOT a responsibility of the Sworn Member-in-Charge?
What action should be taken if a warrant is found to be unsigned?
What action should be taken if a warrant is found to be unsigned?
Why are ‘Safetynet Deconflictions’ conducted before executing a warrant?
Why are ‘Safetynet Deconflictions’ conducted before executing a warrant?
What should be documented before executing a search warrant?
What should be documented before executing a search warrant?
How should the number of sworn and non-sworn members to execute the warrant be determined?
How should the number of sworn and non-sworn members to execute the warrant be determined?
When is it most appropriate to take photographs of the area to be searched?
When is it most appropriate to take photographs of the area to be searched?
What is required for the warrant to be considered valid for execution?
What is required for the warrant to be considered valid for execution?
What is the time frame within which a search warrant must be executed and returned to the issuing judge?
What is the time frame within which a search warrant must be executed and returned to the issuing judge?
Which of the following is NOT an element that should be included in the pre-execution briefing of a search warrant?
Which of the following is NOT an element that should be included in the pre-execution briefing of a search warrant?
Why is it necessary to notify the Communications Unit personnel before executing a search warrant?
Why is it necessary to notify the Communications Unit personnel before executing a search warrant?
What should be done to minimize public danger during the execution of a search warrant?
What should be done to minimize public danger during the execution of a search warrant?
What happens to a search warrant if it is not executed within the specified time frame?
What happens to a search warrant if it is not executed within the specified time frame?
What is one important piece of equipment that should be gathered before executing a search warrant?
What is one important piece of equipment that should be gathered before executing a search warrant?
In terms of operational safety, what is a key aspect to consider when developing a tactical plan for a search warrant execution?
In terms of operational safety, what is a key aspect to consider when developing a tactical plan for a search warrant execution?
What is a recommended action if the search warrant may require forced entry?
What is a recommended action if the search warrant may require forced entry?
What must personnel provide before obtaining a 'No-Knock' warrant authorization?
What must personnel provide before obtaining a 'No-Knock' warrant authorization?
Which of the following circumstances allows for the authorization of a 'No-Knock' entry?
Which of the following circumstances allows for the authorization of a 'No-Knock' entry?
What is the primary purpose of conducting a protective sweep after gaining entry?
What is the primary purpose of conducting a protective sweep after gaining entry?
What justifies the detention of occupants during the execution of a search warrant?
What justifies the detention of occupants during the execution of a search warrant?
What is NOT a required condition for seizing evidence found during a search warrant execution?
What is NOT a required condition for seizing evidence found during a search warrant execution?
During the execution of a search warrant, what is true about questioning detained subjects?
During the execution of a search warrant, what is true about questioning detained subjects?
What is a common misconception about the use of 'No-Knock' warrants?
What is a common misconception about the use of 'No-Knock' warrants?
What must be documented during the execution of a search warrant?
What must be documented during the execution of a search warrant?
Study Notes
Introduction
- Guidelines for obtaining and executing search warrants by the Kansas City Police Department.
- Issued on July 13, 2022, effective on the same date.
Terminology
- Affidavit: A sworn statement verified by oath or affirmation.
- Contraband: Items or property illegal to possess or transport.
- Fruits of Crime: Material objects obtained as a result of a criminal act, such as stolen money.
- Instruments of Crime: Items commonly used for criminal purposes, like weapons or burglary tools.
- Search Warrant: A court order to search a person, location, or thing and seize or document found property (as defined in RSMo 542.266).
Guidelines for Obtaining Search Warrants
- Requires a showing of probable cause.
- Involves prior deconfliction of related persons and locations.
- A written application must include:
- Detailed description of the location, including full address.
- Specification of items to be searched for.
- Justification of probable cause.
- Justification for a “No Knock” warrant, if applicable.
Warrant Application Process
- Applications reviewed by a prosecuting attorney before submission to court.
- Signed warrants are necessary; unsigned warrants are invalid.
- Must be obtained in the county where the search will occur.
Execution of the Search Warrant
- Must be executed within 10 days of application submission.
- Expired warrants are invalid.
- The officer in charge must ensure:
- Accurate details of the warrant match the physical address.
- All entries are clearly justified.
- Necessary deconflictions and checking for warrants are completed.
Pre-Execution Responsibilities
- Conduct thorough briefings prior to search execution.
- Identify and mitigate potential public dangers during the execution.
- Assemble necessary equipment for a safe execution.
- Notify Communications Unit of execution details.
Special Circumstances
- “No-Knock” warrants require approval from a Bureau Commander or higher.
- Immediate entry is allowed if exigent circumstances suggest knocking would be futile.
- After entry, personnel must control the scene, ensuring no unauthorized access.
Documentation and Evidence Handling
- All subjects encountered during search execution should be documented.
- Any contraband or evidence found outside the warrant’s scope may still be seized under specific conditions.
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Description
This quiz covers the guidelines for obtaining and executing search warrants by the Kansas City Police Department, effective from July 13, 2022. It includes terminology related to search warrants and the required legal standards for issuing them, such as probable cause and detailed written applications.
