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.