22-06 State Search Warrant Procedures

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Questions and Answers

What is a necessary condition for seizing evidence during a search warrant execution?

The evidence is hidden in a secret compartment

The evidence is in plain view or is immediately recognizable as contraband (correct)

The supervisor/commander of the investigative element gives oral permission

The evidence is only related to a crime committed 10 years ago

When executing a search warrant, who should be contacted if evidence related to a crime not normally investigated by the serving personnel is found?

The supervisor/commander of the appropriate investigative element (correct)

The local district attorney

The chief of police

The supervisor/commander of the serving personnel's element

What should non-uniformed investigative sworn/non-sworn members do during the execution of a search warrant?

Display their identification cards and/or badges only when asked

Wear police identification cards and/or badges in plain view (correct)

Leave their identification cards and/or badges in their vehicles

Wear civilian clothing to blend in with the surroundings

What is the purpose of the Exclusionary Rule?

To exclude evidence secured by illegal means and in bad faith from a criminal trial Signup and view all the answers

What should happen to the area before investigative sworn members enter?

The area should be rendered safe Signup and view all the answers

What should be left with the person in charge of the premise or in plain view at the site of the search?

A copy of the search warrant, the Return/Receipt for Search Warrant, and the Return/Receipt for Search Warrant Supplemental Signup and view all the answers

What should investigative sworn/non-sworn members do upon arriving at the scene?

Wait to be notified by entry personnel that it is safe to enter Signup and view all the answers

Before relinquishing custody of the scene, what should investigative/entry personnel members ensure?

That all executing tasks have been completed Signup and view all the answers

Before obtaining a 'No-Knock' entry warrant, what is the requirement for the Department member applying for the warrant?

Get approval from their Bureau Commander or higher Signup and view all the answers

What is the justification for detaining occupants of a premise during the execution of a search warrant?

To prevent flight, minimize risk of harm, and facilitate the search Signup and view all the answers

What is the procedure after gaining entry during a search warrant execution?

Conduct a protective sweep to ensure all subjects are under control Signup and view all the answers

Under what circumstances can a judge authorize a 'No-Knock' entry at the time the warrant is issued?

When exigent circumstances exist or knocking would be futile Signup and view all the answers

What happens to subjects located or encountered during the execution of a search warrant?

They are documented in the search warrant Signup and view all the answers

When can entry personnel dispense with the 'Knock and Announce' requirement?

When circumstances support a reasonable suspicion of some exigent circumstance Signup and view all the answers

What is the requirement for seizing evidence or contraband found during a search warrant execution?

One of the specified conditions must be present Signup and view all the answers

What is the requirement for entry personnel regarding questions to detained subjects during a search warrant execution?

They can ask questions without reasonable suspicion Signup and view all the answers

What is the primary purpose of conducting searches in a reasonable manner?

To ensure the admissibility of evidence in a court of law Signup and view all the answers

When is it permissible to conduct a search warrant at night?

When it is not practicable to conduct the search during the daytime Signup and view all the answers

What is the exception to the knock and announce rule?

When the entry personnel can reasonably establish one of the three factors listed Signup and view all the answers

What should be included in a report involving a forced entry or search warrant entry?

The approximate time waited from the knock to the forced entry Signup and view all the answers

What is the purpose of a protective sweep during a search?

To provide additional officer safety Signup and view all the answers

What is the rule regarding the destruction of evidence during a search?

Entry personnel must take reasonable steps to prevent the destruction of evidence Signup and view all the answers

What is the purpose of announcing police presence during a protective sweep?

To ensure that all occupants are aware of the police presence Signup and view all the answers

When can a no-knock warrant procedure be used?

When the entry personnel can reasonably establish one of the three factors listed Signup and view all the answers

Study Notes

Searches and Seizures

Searches and seizures must comply with federal and state legal requirements to ensure admissibility of evidence in court.
Searches conducted with a warrant may be done at night if daytime is not practicable.

Exceptions to Time Guidelines

Exceptions to the time guideline include:
- Circumstances that can be articulated, such as officer safety, urgency of investigation, or probability of evidence removal or destruction.
- Occupants sleeping during the execution of the warrant.
- Urgency of the investigation.
- Probability that evidence will be removed or destroyed.

Knock and Announce

The U.S. Supreme Court ruled that search warrant and arrest warrant entries must be preceded by a knock and announcement.
No "blanket exceptions" to the rule exist.
Entry personnel must announce police presence when changing levels of a structure during a protective sweep, unless an exception can be articulated.
Exceptions to the knock and announce rule include:
- Circumstances that present a threat of physical violence.
- When a prisoner escapes and retreats to their dwelling.
- Reasonable belief that evidence is being or may be destroyed.

Forced Entry Reports

Reports involving forced entry or search warrant entry must indicate that entry personnel knocked and announced prior to entry.
The report should indicate approximately how long entry personnel waited before forcing entry.

Search Warrant Execution

The property is either in plain view from a location where the investigative/entry personnel has a legal right to be, or in a place where the investigative/tactical sworn member(s) may reasonably search for the items listed in the search warrant.
Items that are immediately recognizable as contraband, such as illegal weapons or illicit drugs, may be seized.
When executing a search warrant, be aware of the "Exclusionary Rule" which states that any evidence secured by illegal means and in bad faith cannot be introduced in a criminal trial.

Search Warrant Procedure

Upon rendering the area safe, entry personnel will notify investigative sworn members that they may enter and conduct their investigation.
Investigative sworn/non-sworn members will not enter the area until so notified.
Police identification cards and/or badges will be worn and displayed in plain view by all non-uniformed investigative sworn/non-sworn members during the execution of a search warrant.
A copy of the search warrant, return/receipt for search warrant, and if applicable, the return/receipt for search warrant supplemental will be left with the person in charge of the premise or in plain view at the site of the search.

No-Knock Warrants

Prior to obtaining a judge's authorization for a "No-Knock" entry warrant, the Department member applying for the "No-Knock" warrant must get approval from their Bureau Commander or higher.
When a warrant application establishes that some exigent circumstance exists or that knocking would be futile, a judge may authorize a "No-Knock" entry at the time the warrant is issued.

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Description

This quiz covers the guidelines for conducting searches and seizures of property, including compliance with federal and state legal requirements and exceptions to daytime searches.