Ch 28 Warrant Execution

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Questions and Answers

What is required of officers regarding the security of a premises after making an arrest?

They can leave it unattended as it was when they arrived.

They should lock all doors and windows or leave it with a responsible person. (correct)

They must ensure all property is removed from the premises.

They must leave it vulnerable for escape.

When must an officer prepare a report detailing the force used during an arrest?

When the suspect protests against the arrest.

Only when an injury occurs to the officer.

Whenever any amount of force beyond non-requesting handcuffing is used. (correct)

Only if the arrest leads to property damage.

What must happen to any arrest warrant information after it is executed?

It should be logged only in local databases.

It can be deleted from records.

It must be kept indefinitely for future reference.

The existence of the warrant must be canceled and noted. (correct)

How should an arrest warrant execution be handled in scenarios involving major crimes or high-risk offenders?

By notifying the Sheriff prior to execution. Signup and view all the answers

How should the BCSO handle a prisoner held by another law enforcement agency on its warrant?

Notify the holding agency to release the prisoner within five days. Signup and view all the answers

What is required of officers when seeking to enter private premises to execute an arrest warrant?

They must ring the doorbell or knock and announce their identity. Signup and view all the answers

Under what circumstances may officers forgo announcing their identity and purpose before entering private premises?

When they reasonably believe that exigent circumstances exist. Signup and view all the answers

What should officers do if they must forcibly enter a property to execute an arrest warrant?

Inflict as little damage to the premises as possible. Signup and view all the answers

What is the primary responsibility of officers after they forcibly enter private premises to execute a felony arrest warrant?

To secure the premises and control the movement of individuals inside. Signup and view all the answers

What restriction is applied regarding the timing and location of executing an arrest warrant?

Officers may select time and place as long as it's not solely for creating search opportunities. Signup and view all the answers

During the execution of an arrest warrant, what is generally prohibited regarding the use of force?

Officers shall not use force to enter for misdemeanor arrests. Signup and view all the answers

Which individuals are permitted to assist in the execution of an arrest warrant when necessary?

Only peace officers. Signup and view all the answers

What must officers do if they possess the warrant during an arrest?

Show the warrant to the arrestee Signup and view all the answers

What should officers tell an arrestee if they do not possess the warrant?

The offense charged and the where the warrant originated Signup and view all the answers

When can officers not interrogate an arrestee?

Unless the arrestee has been informed of their Miranda rights Signup and view all the answers

How long can officers detain a person for a routine records check?

Up to 30 minutes Signup and view all the answers

What qualifies as a reasonable extension of the detention time during a records check?

If unusual circumstances delayed information retrieval Signup and view all the answers

What is an officer authorized to do if they suspect a detained person is armed and dangerous?

Frisk the individual for weapons Signup and view all the answers

What information must officers maintain in a warrant file?

Dates, times, results, and other pertinent information about warrants Signup and view all the answers

What is required for an officer to detain a person for a records check?

The detention must be lawful and based on reasonable suspicion Signup and view all the answers

What action must officers take after an arrest is made?

Take them before a magistrate without unnecessary delay Signup and view all the answers

What should officers do in case they suspect a person they found in public is wanted?

Check if the warrant is outstanding before taking them into custody Signup and view all the answers

Study Notes

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

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Description

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.