St. Johns County Sheriff's Office Search Warrants Policy 43.5 PDF

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Search Warrants Policy 43.5 Effective Date: 06/30/2006 Amended Date: 12/02/2022 ACCREDITATION STANDARDS CALEA: 41.3.6, 43.1.5 CFA: FCAC: FLA-TAC: FMJS: Discussion: The St. Johns County Sheriff’s Office has plans and guidelines aimed at me...

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Search Warrants Policy 43.5 Effective Date: 06/30/2006 Amended Date: 12/02/2022 ACCREDITATION STANDARDS CALEA: 41.3.6, 43.1.5 CFA: FCAC: FLA-TAC: FMJS: Discussion: The St. Johns County Sheriff’s Office has plans and guidelines aimed at meeting statutory and constitutional standards relating to search warrants. The agency shall execute search warrants according to FS 933, in a lawful, timely, effective and the least intrusive manner as possible. [43.1.5] DEFINITIONS Agency – Refers to St. Johns County Sheriff’s Office GENERAL.1 Law enforcement deputies are required to wear protective body armor during all preplanned high-risk operations, with the exception of certain undercover activities such as drug buys and sting operations. [41.3.6].2 Law enforcement deputies must wear an outer garment which plainly identifies them as agency personnel and which is an approved article of uniformed clothing. AUTHORIZATION FOR INVESTIGATIVE SEARCH WARRANTS – NON-TACTICAL / ADMINISTRATIVE.3 Administrative search warrants include, but are not limited to:  Cellular devices  Computers / electronic storage devices  DNA  Photographs  Unoccupied vehicles  Event data recorders  Any search warrant not requiring tactical consideration.4 Application for a search warrant must be approved by the case agent / affiant chain of command to the rank of Lieutenant or designee. Search Warrants 43.5 Page 1 of 5 AUTHORIZATION FOR TACTICAL SEARCH WARRANTS [43.1.5, a, b].5 Authorization for a pre-planned search warrant is required when tactical considerations apply. All portions of this policy may not apply when tactical considerations do not exist or when circumstances prevent pre-planning..6 Application for a search warrant must be approved by the case agent / affiant chain of command to the rank of Lieutenant..7 Approval for the warrant must be received through the chain of command to the affected Division Captain or designee, prior to execution. The designated Captain shall brief the affected Division Director, who will notify the Sheriff. [43.1.5, a] PREPARATION/AFFIANT RESPONSIBILITY [43.1.5, a].8 The case agent / affiant is responsible for properly preparing the search warrant affidavit and securing judicial approval..9 The case agent / affiant shall complete the Search Warrant Operations Plan form (SJSO364) for chain of command’s review and approval. The Search Warrant Operations Plan (SJSO-364) will include but not be limited to the following information: [43.1.5, a, c]  A correct address and thorough description of the dwelling to be searched; including photos and sketches sufficient to prevent a service at the wrong location.  A complete description of the suspect(s) involved in the situation or individual(s) who may possibly occupy the premises to be searched. Photographs of the suspect(s) should also be obtained, if available.  Criminal histories and current “wanted status” on the known occupant(s).  A description of “innocent” parties potentially on the premises, such as infants or elderly persons.  An accurate description of the interior of the structure to be searched as well as the location of entry and exit points, including the most likely escape routes.  Type and extent of locking mechanism used on the doors, and windows, which direction the doors open, and whether there are any bars on the windows or doors.  A description of any weapons believed to be located on the premises to be searched.  Location of physical obstacles in the yard such as fences, swing sets, swimming pools, clothes lines, and pets.  Information on neighboring residences or structures for determining a potential source of hostile action or concern for the welfare of occupants, such as childcare centers or nursing homes..10 The affiant’s Lieutenant or designee will inform the affected region’s chain of command of the issuance of a search warrant. Search Warrants 43.5 Page 2 of 5 REQUEST FOR SWAT.11 Upon completion of the Search Warrant Operations Plan (SJSO-364) and the accompanying documentation, or when facts and circumstances indicate a special risk is present or the subjects encountered are believed to be armed, the Lieutenant or designee may request for the activation of SWAT to be utilized in security and serving the search warrant. Requests for the activation of SWAT will be made to the SWAT OIC..12 When assistance from SWAT is utilized, the affiant’s first-line supervisor shall notify the SWAT OIC. PRE-OPERATION BRIEFING [43.1.5, c].13 The case agent / affiant, their first line supervisor and Lieutenant, shall conduct a preoperation briefing in which individual and team assignments and responsibilities are specified, and during the briefing, the following procedures are accomplished:  A preliminary diagram of the premises to be searched shall be utilized to designate positions and personnel assignments  Providing information ensuring the location is correct  Determining total personnel and support requirements  Positioning and responsibilities of personnel  Assigning deputies to team and individual tasks  Identifying approach routes  Identifying primary and secondary entry points  Identifying the need for special equipment and weapons  Consideration of special problems  Available photographs of the premises and known occupants shall also be utilized to brief personnel  All personnel who will take part in the service of the search warrant should be present at the briefing  Ensure all personnel are appropriately attired and are properly armed and equipped  Consideration should be given to notify the on-duty Communications Supervisor. No CAD call will be stamped for service unless requested by the OIC.  A specific tactical radio channel will be designated for the operation  If applicable, notify the law enforcement agency with primary jurisdiction of the location of the premises and approximate time of service  Deploy, if necessary, deputies assigned to surveil the area before serving the search warrant  Notify Emergency Medical Services and have them placed on “stand-by” status Search Warrants 43.5 Page 3 of 5 SERVICE OF THE SEARCH WARRANT.14 When other agencies assist the St. Johns County Sheriff’s Office in the service of a search warrant, they will be governed by St. Johns County Sheriff’s Office policies and procedures..15 When assisting other agencies in executing their warrant(s), agency personnel will be governed by that agency’s policies.  Prior to assisting another agency with the execution of a search warrant, approval from the affected Division Captain or designee must be given. SEARCH WARRANT SERVICE.16 Law Enforcement shall notify the person(s) inside of the search site of law enforcement presence, with a warrant to search the premises, and demand admission into the premises immediately..17 Law Enforcement will enter the premises using necessary means and systematically search the premises for occupant(s) in the most efficient and expedient manner possible..18 There are no exceptions to the Knock and Announce. Law Enforcement will make the decision (must be able to articulate the extenuating circumstances which lead to the decision) to effect immediate entry only after knock and announce, after waiting a reasonable amount of time, and only when such entry is justified due to one or more of the following factors:  An occupant of the premises to be searched knows the members' authority, purpose, power, and reason for entry but refuses entry  The members believe their safety is in imminent peril if entry is delayed due to reliable information an occupant of the premises is both armed and dangerous; and / or specific knowledge that an occupant has a history of violence involving threats or attacks upon law enforcement personnel or resisting arrest with violence  The members have reason to believe destruction of evidence is being attempted due to specific knowledge an occupant has previously frustrated search by destroying potential evidence items following an announcement of authority and purpose  The safety of occupants is in jeopardy due to specific knowledge some occupants would be endangered by other occupants, if announcement of authority and purpose was made  The members have reason to believe the suspects are escaping SUPPORT UNITS.19 At least one (1) uniformed deputy and a marked patrol vehicle should be present at the execution of all tactical search warrants unless prior approval is obtained from SWAT chain of command during the planning phase..20 Attention shall be given by the investigative supervisor on scene to ensure uniformed deputies are released to return to their regular duties as soon as practical. Search Warrants 43.5 Page 4 of 5 AFTER ACTION PHASE [43.1.5, d].21 Maintaining a record  A complete record or the important features of the search must be made, including the time of execution, all the circumstances of the entry, and the identities of those person(s) on the search team and those occupying the search site..22 Protecting the premises after the search:  The search team will be responsible for securing the premises, if left vacant, at the completion of the search.  If damage occurred during an entry into the premises, and the damage is sufficient to jeopardize the security of the premises, the search team will make arrangements to protect the premises until it can be secured. EVIDENCE COLLECTION.23 Personnel collecting evidence must secure any seized items in a manner which will preserve the chain of custody for evidentiary purposes, and which is consistent with policy 83.1 Crime Scene Processing. INVENTORY & RETURN OF THE WARRANT [43.1.5, d].24 The case agent / affiant shall ensure the warrant is returned to the issuing authorities, if required, as soon as practical, and all reports are completed on the operation, in no event longer than ten (10) days after issuance. All items seized during the execution of the warrant shall be listed on the Inventory and Return..25 If the warrant was not executed within ten (10) days, it shall be returned unexecuted to the issuing court. RELEASE OF ITEMS SEIZED.26 When non-contraband items seized during the execution of the search warrant are no longer needed for prosecution purposes, they should be released to the proper party, upon approval by the court. ____________________ Robert A. Hardwick Sheriff Search Warrants 43.5 Page 5 of 5