Ch 28 Warrant Execution

Warrant Execution

• Officers can choose the time and location for executing an arrest warrant, BUT they cannot select it solely to create the opportunity for a search incident to the arrest
• Generally, officers will not use force to enter private premises to execute a misdemeanor arrest warrant
• To enter private premises, officers must ring the doorbell or knock on the door, announce their identity and purpose, and demand entry
• If officers have a reasonable belief that exigent circumstances exist, they do not need to announce their identity and purpose before entering the premises
• Officers must enter the premises by the least forceful means possible and must avoid inflicting as much damage as possible
• If officers must forcibly enter private premises, they should take the necessary precautions to protect the safety of all individuals present
• After forcibly entering private premises, officers must immediately secure the premises by locating and controlling all individuals who may pose a threat, and control any objects that could be used as weapons
• Any detention, warrantless arrest, frisk, search, or seizure conducted in conjunction with the execution of an arrest warrant must align with the relevant governing rules
• If officers have the arrest warrant, they shall show it to the arrestee. If the officer does not possess the warrant, they shall inform the arrestee of the offense charged and the origin of the warrant.
• Officers shall not interrogate the arrestee unless they have informed the arrestee of their Miranda rights
• Arrestees should be taken before a magistrate in the county where the arrest occurred without unnecessary delay

Chance Encounters

• If an officer believes that a person in a public place is wanted, but does not possess the warrant, they should detain the person, conduct a warrant check by radio or telephone before taking the person into custody
• When an officer lawfully detains a person, they shall initiate a records check to determine if there are any outstanding warrants
• For routine records checks, detention should not exceed the time required or 30 minutes, whichever is shorter
• Detention may extend beyond 30 minutes (but not exceeding 60 minutes), if the officers have reasonable suspicion that a warrant is outstanding, but are unable to receive the requested information due to unusual circumstances.
• The detained individual can be required to remain in the officer’s vehicle, their own vehicle, or another convenient location, and can be frisked if the officer has reason to believe that the individual may be armed and dangerous

Planned Executions of Arrest Warrants

• A warrant file must be maintained for all criminal warrants, where officers must note the date, time, result, and any other pertinent information
• Officers should leave the premises at least as secure as they entered, for example, by leaving it in the hands of a responsible person or by locking all doors and windows
• Any arrest under warrant should be done in a way that minimizes embarrassment or disruption to the offender, as long as it does not endanger or inconvenience the officer
• The officer in charge of a major arrest warrant operation should notify the Sheriff, this includes situations involving major crimes, major offenders, unusual danger to officers, unusual number of officers, joint operations with other agencies, or other situations of special sensitivity

Warrant Dissemination and Execution

• When a magistrate issues an arrest warrant, the information shall be entered into the Texas Crime Information Center (TCIC) and National Crime Information Center (NCIC), in accordance with established guidelines
• Once warrants have been successfully executed, officers should take appropriate measures to cancel all information about the warrant
• If another law enforcement agency within Texas is holding an individual on a warrant from the BCSO, the BCSO should notify the holding agency and arrange for the prisoner’s release or pickup within five days
• If an out-of-state agency notifies the BCSO they have executed a warrant held by the BCSO and are holding the individual, the BCSO should immediately pursue extradition proceedings

Reporting

• An Offense or Incident report should be prepared whenever officers use force beyond non-requesting handcuffing during an arrest, detailing the type of force used and the justification
• If any property is damaged during apprehension or the attempted apprehension of a subject, the officer involved must prepare an Incident or Offense Report detailing the type of property damage, the owner, a description of the damage, and the justification for the damage

This quiz focuses on the critical guidelines for executing arrest warrants by law enforcement officers. It covers protocols for entry into private premises, the use of force, and the responsibilities of officers during the execution process. Test your understanding of these legal standards and best practices in warrant execution.