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Search Warrants Procedure Quiz

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40 Questions

Who is responsible for the proper review and execution of search warrants generated in their commands?

Unit Supervisors

What does the unit supervisor do if the affidavit and application are satisfactory?

Complete and sign the District/Section of the District/Unit Search Warrant Log

Who must be notified when a search warrant is providing authority to enter an occupied or possibly occupied location or vehicle?

The entire chain of command, up to the rank of Captain

Who approves or disapproves the affidavit and warrant after the unit supervisor's review?

The on-duty assistant state attorney or other prosecuting attorney

What happens to the search warrant if it is approved by the assistant state attorney?

It is submitted to the State Attorney’s Office

What is the purpose of maintaining a list of on-duty state attorneys?

To assist with the contact and maintain a current list

Who reviews the affidavit and application before submission to the State Attorney’s Office?

The Unit Supervisor

What is required for a search warrant to be served?

Signature from a judge

What is one of the grounds for issuing a search warrant?

When property was stolen or embezzled in violation of the law

What must be included in the affidavit in support of the application for a search warrant?

Description of the person, place, or thing to be searched

Who reviews the search warrant and affidavit after they are completed by the deputy?

The deputy's supervisor

What is the purpose of including a description of the items to be seized in the search warrant?

To specify what evidence is being sought

What is probable cause in the context of a search warrant?

A reasonable belief that evidence of a crime will be found

Under what circumstances can a search warrant be issued for a particular building or place?

When laws pertaining to cruelty to animals were or are being violated

What is the purpose of the affidavit in support of the application for a search warrant?

To establish probable cause for the search

When is a search warrant issued?

Upon proper affidavits being made

What is the procedure when property is taken during a search warrant execution?

Deputies will deliver a written inventory and receipt for the property taken.

Who should be present during the execution of a search warrant?

Only authorized persons named in the warrant.

What happens when a search warrant is served in another jurisdiction?

The media is present at the discretion of the local jurisdiction.

Who advises Communications of their CCN or other identifier and requests a case number?

The on-scene supervisor.

What is the purpose of having a Lieutenant or component supervisor present during high-liability search warrants?

To ensure the safety and integrity of the search.

What happens when the premises are unoccupied during the execution of a search warrant?

A warrant copy and inventory of property are left in a conspicuous place.

Who determines the presence of a Lieutenant or component supervisor during search warrants that do not meet high-liability criteria?

The District/Division Captain.

What is issued for each search warrant execution?

A case number.

Where will the supervisor's name be recorded in the CAD screen?

CAD screen's 'Information' section

What must be described in the warrant with particularity?

The items to be seized

What may be seized during the course of a search pursuant to a warrant?

Contraband or evidence of a crime in plain view

When will the search be discontinued?

After all items specified in the warrant are found

What will be filed with the Clerk of the Circuit Court within 10 working days of the issuance of the warrant?

The warrant, affidavit, application, and inventory

What is the role of a BSO law enforcement supervisor when responding to render assistance to another jurisdiction?

To ensure the search warrant's validity and correct information

What must be completed to document the service of the search warrant and assistance to other jurisdictions?

The Event Report

What is the purpose of documenting the supervisor's name in the CAD screen?

To ensure accountability

What is the primary purpose of the Case Explorer Deconfliction system?

To prevent conflicts between law enforcement agencies during undercover operations

What type of information do users provide to the Case Explorer Deconfliction system?

Information about the time, nature, and location of the planned undercover operation

What is the location of the Case Explorer Deconfliction system?

The South Florida Investigative Support Center (SFISC)

What is the goal of the Case Explorer Deconfliction system in terms of deputy/agent safety?

To enhance deputy/agent safety

What is the purpose of cross-referencing the information provided to the Case Explorer Deconfliction system?

To determine if any conflicts exist between law enforcement agencies

What is governed by policies established through HIDTA?

The use of the Case Explorer Deconfliction system

What is required to be documented in the operations plan?

The use of the Case Explorer Deconfliction system

What is the scope of the Case Explorer Deconfliction system in terms of law enforcement activity?

All concentrated law enforcement activity

Study Notes

Search Warrants

  • Grounds for issuing search warrants:
    • Property was stolen or embezzled
    • Property was used to commit a crime
    • Property constitutes evidence of a felony
    • Property is held or possessed in violation of laws
    • Laws pertaining to cruelty to animals were violated
  • Drafting search warrants:
    • Deputies complete an affidavit in support of the application
    • Affidavit and search warrant must contain:
      • Description of person, place, or thing to be searched
      • Person's name from which items will be seized (if known)
      • Violation of law
      • Description of items to be seized
      • Probable cause

Approval Process

  • Review and execution of search warrants generated in the unit:
    • Unit supervisors review the affidavit and application
    • If satisfactory, the unit supervisor completes and signs the District/Section of the District/Unit Search Warrant Log (BSO RP#86)
    • Notification of chain of command (up to Captain) prior to submission to the State Attorney's Office
  • Application:
    • Unit supervisor reviews the search warrant
    • On-duty assistant state attorney or other prosecuting attorney's office contacted for approval or disapproval

Execution of Search Warrants

  • Serving deputies:
    • Ensure only authorized persons are present during execution
    • Deliver a copy of the search warrant to the person named or in their absence, to the person in charge of the premises
    • Deliver a written inventory and receipt for the property taken
  • If premises are unoccupied:
    • Leave a copy of the search warrant and inventory in a conspicuous place
  • Media presence:
    • Only authorized by Media Relations and approved by applicable command staff
  • High-liability or forced-entry search warrants:
    • A Lieutenant or component supervisor of equal or higher rank must be physically present
  • Warrant must describe:
    • Person, place, or thing to be searched
    • Items to be seized with particularity
  • Only areas where items are likely to be found may be searched
  • Contraband or evidence of a crime may be seized if in plain view or discovered during the search

Return and Assistance

  • Warrant, affidavit, application, and inventory filed with the Clerk of the Circuit Court within 10 working days
  • Assistance to other jurisdictions:
    • BSO law enforcement supervisor on the scene to ensure validity and correct information
    • Event Report completed to document the service of the search warrant and assistance

Case Explorer Deconfliction

  • System located in the South Florida Investigative Support Center (SFISC)
  • Used to prevent conflicts during undercover operations
  • Requires information regarding time, nature, and location of planned operations
  • Enhances deputy/agent safety, facilitates coordination, and promotes communication among agencies

Test your knowledge of the grounds for issuing search warrants according to the Broward Sheriff's Office standard operating procedures.

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