Podcast
Questions and Answers
Who is responsible for the proper review and execution of search warrants generated in their commands?
Who is responsible for the proper review and execution of search warrants generated in their commands?
- State Attorney
- Unit Supervisors (correct)
- Deputies
- Captain
What does the unit supervisor do if the affidavit and application are satisfactory?
What does the unit supervisor do if the affidavit and application are satisfactory?
- Notify the State Attorney
- Contact the Captain
- Reject the affidavit and application
- Complete and sign the District/Section of the District/Unit Search Warrant Log (correct)
Who must be notified when a search warrant is providing authority to enter an occupied or possibly occupied location or vehicle?
Who must be notified when a search warrant is providing authority to enter an occupied or possibly occupied location or vehicle?
- The District/Division Captain only
- The State Attorney
- The entire chain of command, up to the rank of Captain (correct)
- The on-duty assistant state attorney
Who approves or disapproves the affidavit and warrant after the unit supervisor's review?
Who approves or disapproves the affidavit and warrant after the unit supervisor's review?
What happens to the search warrant if it is approved by the assistant state attorney?
What happens to the search warrant if it is approved by the assistant state attorney?
What is the purpose of maintaining a list of on-duty state attorneys?
What is the purpose of maintaining a list of on-duty state attorneys?
Who reviews the affidavit and application before submission to the State Attorney’s Office?
Who reviews the affidavit and application before submission to the State Attorney’s Office?
What is required for a search warrant to be served?
What is required for a search warrant to be served?
What is one of the grounds for issuing a search warrant?
What is one of the grounds for issuing a search warrant?
What must be included in the affidavit in support of the application for a search warrant?
What must be included in the affidavit in support of the application for a search warrant?
Who reviews the search warrant and affidavit after they are completed by the deputy?
Who reviews the search warrant and affidavit after they are completed by the deputy?
What is the purpose of including a description of the items to be seized in the search warrant?
What is the purpose of including a description of the items to be seized in the search warrant?
What is probable cause in the context of a search warrant?
What is probable cause in the context of a search warrant?
Under what circumstances can a search warrant be issued for a particular building or place?
Under what circumstances can a search warrant be issued for a particular building or place?
What is the purpose of the affidavit in support of the application for a search warrant?
What is the purpose of the affidavit in support of the application for a search warrant?
When is a search warrant issued?
When is a search warrant issued?
What is the procedure when property is taken during a search warrant execution?
What is the procedure when property is taken during a search warrant execution?
Who should be present during the execution of a search warrant?
Who should be present during the execution of a search warrant?
What happens when a search warrant is served in another jurisdiction?
What happens when a search warrant is served in another jurisdiction?
Who advises Communications of their CCN or other identifier and requests a case number?
Who advises Communications of their CCN or other identifier and requests a case number?
What is the purpose of having a Lieutenant or component supervisor present during high-liability search warrants?
What is the purpose of having a Lieutenant or component supervisor present during high-liability search warrants?
What happens when the premises are unoccupied during the execution of a search warrant?
What happens when the premises are unoccupied during the execution of a search warrant?
Who determines the presence of a Lieutenant or component supervisor during search warrants that do not meet high-liability criteria?
Who determines the presence of a Lieutenant or component supervisor during search warrants that do not meet high-liability criteria?
What is issued for each search warrant execution?
What is issued for each search warrant execution?
Where will the supervisor's name be recorded in the CAD screen?
Where will the supervisor's name be recorded in the CAD screen?
What must be described in the warrant with particularity?
What must be described in the warrant with particularity?
What may be seized during the course of a search pursuant to a warrant?
What may be seized during the course of a search pursuant to a warrant?
When will the search be discontinued?
When will the search be discontinued?
What will be filed with the Clerk of the Circuit Court within 10 working days of the issuance of the warrant?
What will be filed with the Clerk of the Circuit Court within 10 working days of the issuance of the warrant?
What is the role of a BSO law enforcement supervisor when responding to render assistance to another jurisdiction?
What is the role of a BSO law enforcement supervisor when responding to render assistance to another jurisdiction?
What must be completed to document the service of the search warrant and assistance to other jurisdictions?
What must be completed to document the service of the search warrant and assistance to other jurisdictions?
What is the purpose of documenting the supervisor's name in the CAD screen?
What is the purpose of documenting the supervisor's name in the CAD screen?
What is the primary purpose of the Case Explorer Deconfliction system?
What is the primary purpose of the Case Explorer Deconfliction system?
What type of information do users provide to the Case Explorer Deconfliction system?
What type of information do users provide to the Case Explorer Deconfliction system?
What is the location of the Case Explorer Deconfliction system?
What is the location of the Case Explorer Deconfliction system?
What is the goal of the Case Explorer Deconfliction system in terms of deputy/agent safety?
What is the goal of the Case Explorer Deconfliction system in terms of deputy/agent safety?
What is the purpose of cross-referencing the information provided to the Case Explorer Deconfliction system?
What is the purpose of cross-referencing the information provided to the Case Explorer Deconfliction system?
What is governed by policies established through HIDTA?
What is governed by policies established through HIDTA?
What is required to be documented in the operations plan?
What is required to be documented in the operations plan?
What is the scope of the Case Explorer Deconfliction system in terms of law enforcement activity?
What is the scope of the Case Explorer Deconfliction system in terms of 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
Scope of Search
- 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
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Test your knowledge of the grounds for issuing search warrants according to the Broward Sheriff's Office standard operating procedures.