22-06 State Search Warrant Procedures

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.

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.