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Questions and Answers
What is required to justify the execution of a 'No Knock' warrant?
Which level of supervisor must review every search warrant involving a residence?
What should be included in the Risk Assessment Matrix for a search warrant?
When should the affiant unit begin monitoring the premises for a search warrant?
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What is a characteristic of a high-risk search warrant that would require SWAT assistance?
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What is the maximum size limit for a search party executing a warrant?
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What additional factors should be assessed to determine the risk in serving a search warrant?
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Which scenario would most likely NOT justify a 'No Knock' warrant?
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What is a key requirement before entering premises with a search warrant?
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In what situation is it permissible to use force to enter a premises immediately?
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What must officers wear when executing a search warrant on occupied premises?
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What is a reasonable amount of time for an occupant to respond to requests for entry?
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Who is responsible for completing an after-action report following a forced entry?
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What should an officer continue to announce upon entering, after notifying about the warrant?
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Which of the following scenarios requires immediate forced entry?
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What is a legal consideration for executing a search warrant involving immediate entry?
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What is required for an officer to rely on second-hand knowledge from an informant for a search warrant?
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During what hours is service of a search warrant typically required to occur?
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How should an officer handle staleness of evidence when applying for a search warrant?
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What is the primary purpose of a no-knock warrant?
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What is the role of the SWAT team in executing a search warrant?
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What must be included in an affidavit when requesting a nighttime search warrant?
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What is meant by 'fresh probable cause' in the context of search warrants?
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In the context of search warrants, what is essential for establishing probable cause?
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Study Notes
Gaining Entry
- A supervisor must be present during the execution of all search warrants, especially when forced entry is required or an occupied premise is being entered.
- Secure the perimeter of the premises before entry, ensuring all doors and windows are under observation.
- All officers involved in forced entry must be in uniform (Class A or Operational Uniform) and wearing body armor. Officers in plain clothes may enter in emergencies or after the premises is secured.
- Upon exiting vehicles to execute a search warrant involving entry to an occupied or residential premises, officers will activate their Body Worn Camera System.
- Officers must clearly notify persons inside of their presence and request admission, for example, "Police officers, search warrant, open the door.”
- Force to enter the premises should only be used after waiting a reasonable amount of time for an occupant to open the door, unless exigent circumstances exist or officers are serving a “No Knock” warrant.
- Reasonable amount of time is determined by the necessary time for an occupant to reach the door from the furthest part of the premises.
- If, while waiting, there are signs of an occupant fleeing, fortifying their position, destroying evidence or contraband, or taking action that jeopardizes the safety of the officers, then force may be used to open the door immediately.
- Upon entry, one officer should continue to announce the identity and purpose of the entering officers. This includes displaying proper identification (e.g., badge, ID) when serving the search warrant.
- A uniformed officer from the local law enforcement agency must be present during the search.
- The supervisor in charge must complete an after-action report when warrant service required forced entry.
Search Procedures
- Seizure is permissible without the need of a second search warrant.
- For probable cause, facts and circumstances must be strong enough to cause a reasonably prudent officer to believe articles subject to seizure are being held on the property.
- An officer may have either first or second-hand knowledge of these facts.
- If the second-hand knowledge involves information from an undisclosed informant, the officer must support the informant's trustworthiness.
- Affidavits for search warrants will be based on fresh probable cause.
- Timely facts must be present to justify the conclusion that evidence of a crime remains at the premises to be searched.
- Consider the totality of the circumstances, including the nature of the crime, the suspect, the thing(s) to be seized, and the place being searched when determining the "staleness" of the evidence.
- Complete the search warrant form in duplicate.
- Direct the search warrant to the head of the local law enforcement agency where service will occur.
- Search warrant service must occur during daylight hours (0700 - 2000), unless the judge approves a night search.
- Clearly state the reasons for needing a nighttime search in the affidavit.
- Without the nighttime entry specification, the warrant restricts the officer to a daytime entry. However, a detailed and thorough search starting during the daytime may extend into the night without becoming an illegal search.
"No Knock" Warrants
- For all warrants that will be executed as “No Knock” warrants, the SWAT Commander or SWAT Coordinate must document on the Search Warrant Service Form 610, Risk Assessment Matrix, the circumstances that make immediate entry necessary to avoid harm to persons rather than other tactics.
Supervisor's Responsibilities
- Ensure a captain or higher reviews every search warrant involving a residence, business, any type of structure where a person(s) is likely to be present, likely to involve forced entry or any search warrant containing an operational plan, before contacting the duty judge and/or City Prosecutor.
- All other search warrants require a supervisory review only.
- Complete a Search Warrant Service Form 610, Risk Assessment Matrix including the following information to determine if SWAT is needed to serve the search warrant:
- The approximate age, gender, apparent medical condition, or other special circumstances of persons that the officers anticipate encountering during the execution of the warrant at the premises (e.g., children, elderly, dogs, etc.).
- Any other special circumstances that increase the risk of serving the warrant such as dogs or barricades.
- Have members of the affiant unit begin watching the premises a minimum of two hours immediately prior to serving the search warrant.
- Determine how many officers it will take to safely enter the premises and conduct a thorough, controlled search. Limit the size of the search party to the number of personnel needed to carry out the search properly.
- Obtain the aid of the SWAT Team in the service of high-risk search warrants.
- A high-risk search warrant is one where the officers expect:
- Fortified locations
- Armed subject
- Subject has an outstanding warrant for Homicide, Rape, Felonious Assault, Aggravated Robbery, or Aggravated Assault.
- Any other situation where the potential for violence is high (No Knock search warrants).
- A high-risk search warrant is one where the officers expect:
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