Search Warrant Guidelines

• Establishes guidelines for deputies executing search warrants, including entries to execute an arrest warrant, but does not apply to warrantless searches

Definitions

• Search Warrant: A warrant signed by a judicial offical authorizing a deputy to search a specific person, location, or vehicle for evidence of a crime and to seize any evidence
• Administrative Search Warrant: A warrant served in a Sheriff's Office-controlled environment (e.g., Sheriff's Office, vehicle processing room) to search phones, videos, documents, records, etc
• Low-Risk Search Warrant: A warrant where there is no known or reasonable belief that there may be armed persons at the location, and the location is not barricaded
• High-Risk Search Warrant: A warrant served where there are known, or there is a reasonable belief that armed persons are at the location or the location is barricaded

Circumstances Requiring Search Warrants

• Used to further a criminal investigation and gather evidence to establish if a crime has occurred
• Required to arrest suspects with lawfully issued warrants for arrest when probable cause exists of their presence in locations other than their known residence
• Required to enter a residence, business, or vehicle without the consent of the owner/person in charge to search and seize evidence related to a crime

Planning Search Warrant Execution

• All search warrants, excluding administrative and DWI-blood search warrants, require approval by a Sergeant or above in the division where the warrant is applied
• A threat assessment and verification of available intelligence must be conducted on all search warrants, excluding administrative and DWI-blood search warrants
• High-risk search warrants require approval by a Division Captain or higher if the threat assessment determines such

Administrative Search Warrants

• These do not require a threat assessment
• May be served without supervisor approval

Low-Risk Search Warrants

• Upon completion of threat assessment and verification of available intelligence, if the threat assessment score falls into the low-risk category, the supervisor for the deputy initiating the search warrant should conduct a briefing with all parties involved, including the Division Major, Division Captain, or, if neither is available, the next highest-ranking member of the Command Staff

High-Risk Search Warrants

• Upon completion of threat assessment and verification of available intelligence, if the threat assessment determines a high-risk category, the supervisor for the deputy initiating the search warrant should conduct a briefing
• Briefing attendees include the Division Major/Captain or above, SWAT (if applicable), and the Sheriff/Chief Deputy
• The Sheriff must be briefed on all High-Risk search warrants/threat assessments
• The Division Major will designate a Search Supervisor to oversee the on-scene execution of the search warrant
• The Search Supervisor, who may be the detective applying for the search warrant or the lead detective on a case, is responsible for:
  • Reviewing the affidavit and search warrant for accuracy and validity
  • Identifying hazards
  • Determining personnel needs
  • Selecting equipment
  • Assigning roles
  • Confirming deputies wear raid jackets with visible badges and body armor
  • Reviewing a sketch of the premises/verifying the building description and address to confirm the correct premises
• The Search Supervisor will designate an Entry Team Leader solely responsible for confirming/directing the Entry Team to the entry area with authority to stop entry if doubts arise

Search Procedures

• The Search Supervisor coordinates the search with any other supervisors involved and the deputy responsible for procuring the warrant
• The Search Party enters the premises per the pre-determined plan and N.C.G.S. 15A-249 and N.C.G.S. 15A-251
• A deputy must knock and give notice of identity/purpose before entering, as no-knock warrants are prohibited despite N.C.G.S. 15a-251(2)
• If admittance is denied/unreasonably delayed or the premises are unoccupied, forcible entry is permitted
• If probable cause suggests giving notice would endanger life/safety, forcible entry may be made without notice; supporting facts must be included in the search warrant affidavit
• After securing the premises, video record the entire premises (inside and outside) to document the pre-search condition, including any damage
• Video will also be taken after the search is completed
• The Search Supervisor assigns a deputy to take the video and enter it into evidence for risk management and potential court evidence
• CSI Detectives will not be utilized for this process, but will be responsible for photographing/collecting forensic evidence at crime scenes as required
• Pre- and post-search photos taken by CSI Detectives negate the video recording requirement
• Video recording requirements:
  • Should begin outside the scene with the address, business name, license plate number, etc
  • Should be taken slowly and methodically, with each room/area recorded in a 360-degree continuous panning method
  • All members involved in the search need to not narrate or be in the video

Post Search

• Photographs will be taken of any damage.
• The deputy who swears to the affidavit will be the primary search deputy and will collect the evidence to limit the number of deputies required to testify in court.
• Efforts should be made to associate evidence with one of the occupants
• Evidence is collected per GO Chapter 5; the primary search deputy notes the location of evidence and occupants; photos are taken when possible
• The Search Supervisor and investigating deputy will complete a search warrant execution after the action report
• The Search Supervisor will forward the report through the chain of command.
• Copies of photographs, the search warrant, arrest sheets, evidence, and property reports become part of the search file
• The Division Captain retains the raid and search file for three years after the search date
• A search warrant must be executed within 48 hours of issuance
• After execution, the deputy drawing the warrant returns it to the Magistrate/Clerk's Office with a written inventory of seized items (AOC Form: AOC-CR-206) in a reasonable timeframe, signed and sworn by the deputy who drew the warrant.
• If an incorrect person, vehicle, or place is searched, the Search Supervisor will:
  • Clearly explain the Sheriff's Office error and its cause, if possible
  • Apologize for any inconvenience
  • Notify the Division Major, who then notifies the Sheriff, Chief Deputy, and County Attorney
  • Secure the residence if damage occurred during entry.

Forcible Entry to Execute Search Warrant

• When the Search Supervisor anticipates forcible entry into an occupied structure or using force against the occupants, he will:
  • Coordinate communications and equipment
  • Coordinate assistance from specialized support units, including the County Attorney
  • Consider the availability of medical resources
  • Develop strategies for approaching, entering, securing, and leaving to minimize risk/injury
  • Discuss the threat potential and anticipated force with the entry and search team
• If the potential for violence is imminent/significant, the Search Supervisor reviews the execution plan with Division commanders and the Sheriff/Chief Deputy, who approve the entry plan
• All deputies will wear body armor/clothing, jackets, plate carriers, or other attire to clearly identify them as Sheriff's deputies
• Any deviation from this procedure must be coordinated with the Division Major and Sheriff/Chief Deputy

Utilizing SWAT for Search Warrant Execution

• When the Division Major needs SWAT to execute a search warrant, the Search Supervisor will notify the SWAT Commander ASAP, with a 24-hour notice if possible
• When utilizing SWAT, the Search Supervisor provides the SWAT Commander/Team Leader with:
  • Accurate location/description
  • Photos/video of the location
  • Criminal background of offenders
  • Information on weapons, barricades, children/elderly persons/animals on the premises
  • Any other case information pertinent to the execution of the warrant
  • Threat Assessment for Warrant Service

SWAT Commander and Team Leader Responsibilities

• Activate the on-call team and alert the on-call tactical medic
• Ensure transportation for Teams
• Devise and brief plan to ensure safe warrant execution
• Determine optimal execution time based on tactical factors/case information
• Review the Search Warrant/Threat Assessment for Warrant Service
• The SWAT Commander/Team Leader is responsible for all on-site actions until the target location is secure, then control transfers to the Search Supervisor

Searching Premises to Serve an Arrest Warrant

• Deputies may enter private premises to arrest an offender if:
  • They have a warrant/order (or copy), a copy of a valid process, or are authorized to arrest without a warrant/order
  • They have reasonable cause to believe the offender is present
  • They have given (or made reasonable effort to give) notice of their authority and purpose, unless there is reasonable cause to believe this would endanger human life
• Deputies may use force to enter if admittance is denied/unreasonably delayed or if authorized under subsection (e)(1)c to enter without notice (N.C.G.S. 15A-401(e)(1) & (2))
• Forcibly entering a third party's premises to arrest a subject requires a search warrant unless exigent circumstances justify entry without a search warrant/consent
• Deputies must knock and give notice of their identity/purpose; if admittance is denied/unreasonably delayed, they may use necessary force to enter