Broward Sheriff's Office Standard Operating Procedures - Search Warrants PDF

BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 4.23 SEARCH WARRANTS: 4.23.1 Grounds for Issuing Search Warrants: Upon proper affidavits being made, a search warrant may be issued for any of t...

BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 4.23 SEARCH WARRANTS: 4.23.1 Grounds for Issuing Search Warrants: Upon proper affidavits being made, a search warrant may be issued for any of the following grounds: A. When property was stolen or embezzled in violation of the law. B. When property was used as a means to commit a crime; in connection with unlawful gambling, gambling implements, and appliances; or in violation of Florida Statutes or any other laws pertaining to obscene prints and literature. C. When property constitutes evidence relevant to proving a felony was committed. D. When property is held or possessed in violation of laws prohibiting the manufacture, sale, and transportation of intoxication liquors, narcotics and drug laws, fish and game laws, or laws relative to food and drugs. E. When laws pertaining to cruelty to animals were or are being violated in any particular building or place. 4.23.2 Drafting Search Warrants: A. Upon developing probable cause for a search warrant, deputies will complete an affidavit in support of the application for a search warrant. After this process is complete, the search warrant will be completed. B. The affidavit and search warrant must contain the following information: 1. Description of the person, place, or thing to be searched 2. Person's name from which items will be seized if known 3. The violation of law 4. Description of items to be seized 5. Probable cause 4.23.3 Approval Process: A. After the search warrant and affidavit are completed by the deputy, the search warrant and affidavit will be reviewed by the deputy's supervisor. Reviewed: 09/29/2021 Revised: 10/04/2021 Rescinds: 09/24/2021 Effective: 10/29/2021 4.23 Page 1 of 7  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES B. Deputies will not apply for or serve search warrants without the knowledge and consent of their supervisor. C. Unit Supervisors will be responsible for the proper review and execution of searchwarrants generated in their commands. D. Unit supervisors will thoroughly review the affidavit and application for the search warrant. If the affidavit and application are satisfactory, and have been signed by a judge, the unit supervisor will complete and sign the District/Section of the District/Unit Search Warrant Log (BSO RP#86). E. If a search warrant is providing authority to enter an occupied or possibly occupied location or vehicle, unit supervisors will notify their chain of command, up to the rank of Captain, prior to their submission to the State Attorney’s Office. All other search warrant notifications will be at the discretion of the District/Division Captain. 4.23.4 Application: A. After the unit supervisor has reviewed the search warrant, the on-duty assistant state attorney, assistant state attorney, or other prosecuting attorney's office responsible for filing or prosecution of the particular crime will be contacted to approve or disapprove the affidavit and warrant. Communications will be available to assistwith the contact and maintain a current list of on-duty state attorneys. The appropriate prosecutor's office must review all search warrants, and no search warrants should be submitted for judicial review without first obtaining final approval from the designated prosecutor’s office unless exigent or other circumstances prevent the affiant from doing so. B. After hours, the duty judge will then be contacted through Communications. The deputy will either electronically submit, or if requested, hand deliver, the warrant to the on-duty judge for review and signature. 4.23.5 Logging Search Warrants: A. Search warrants will be recorded in chronological order in the component's District/Unit Search Warrant Log and log sheets. The original logbook and log sheets will be maintained at the component. Original log sheets will be inserted into the logbook by the end of the next business day following the execution of the search warrant. Copies of the applicable log sheets will remain with the case file or Event Report. Reviewed: 09/29/2021 Revised: 10/04/2021 Rescinds: 09/24/2021 Effective: 10/29/2021 4.23 Page 2 of 7  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES B. The District/Unit Search Warrant Log will indicate the following information: 1. Date of application 2. Applicant's name 3. Employee's name and signature reviewing the application 4. Address of the searched place or description of the person searched 5. Date the warrant was served 6. Brief synopsis of the results 7. BSO case number 4.23.6 Execution: Gaining entry is the most crucial aspect of the entire search. It is at this point some cases are lost due to the detective acting improperly. It is also the point where violence can readily erupt. The element of surprise is essential for mission safety. Therefore, it is Broward Sheriff’s Office policy that the Special Weapons and Tactics Team (SWAT) will be used for any warrant service that may require a forcible entry to recover any evidence or to affect an arrest. A. Procedures for SWAT: 1. Request will be made according to the SWAT Chapter in the DLE SOP. 2. Request will be made as soon as possible so that a proper plan can be developed. B. Responsibilities of the Requesting Supervisor: 1. The requesting supervisor will provide the following information: a. Signed Search Warrant b. Completed Operational Plan c. Current photographs of structure and doorway(s) d. Interior diagram of structure e. Information on children, dogs, and security devices Reviewed: 09/29/2021 Revised: 10/04/2021 Rescinds: 09/24/2021 Effective: 10/29/2021 4.23 Page 3 of 7  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES C. Deputies executing warrants: 1. Will personally serve the warrant and act in its execution. 2. May be assisted by other deputies and/or law enforcement officers as needed. 3. Will execute the warrant within 10 working days of the issuance of the warrant. D. If after due notice of authority and purpose, serving deputies are refused admittance to a building, dwelling, or access to anything within, they may break open an inner door, outer door, building window, or any part of the building or anything within to execute the warrant. E. Serving deputies will be responsible for the following: 1. Delivery of a copy of the search warrant to the person named or in the person's absence, to the person in charge of the premises. 2. If property is taken per the warrant, deputies will deliver to the person a written inventory and receipt for the property taken. 3. If the premises are unoccupied upon execution of the warrant, a warrant copy and inventory of property will be taken and left in a conspicuous place. F. Serving deputies will ensure only persons authorized by the warrant are present during its execution. G. Deputies will not contact the media or arrange for media presence during the execution of a search warrant unless specifically authorized by Media Relations and approved by applicable command staff. If a search warrant is served in another jurisdiction, the presence of the media is at that jurisdiction's discretion. H. A separate case number will be issued, and Communications advised of the search location at the time of the warrant's execution. I. A Lieutenant or component supervisor of equal or higher rank will be physically present during the execution of all BSO-initiated search warrants that are high Reviewed: 09/29/2021 Revised: 10/04/2021 Rescinds: 09/24/2021 Effective: 10/29/2021 4.23 Page 4 of 7  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES liability or require forced entry. Regarding any search warrants that do not meet the aforementioned criteria, the presence of a Lieutenant or component supervisor of equal or higher rank will be at the discretion of the District/Division Captain. On-scene supervisors will advise Communications of their CCN or other identifier and request a case number. Communications will record the supervisor's name in the "Information" section of the CAD screen. J. Supervisors will ensure the warrant's execution is documented in the applicable Event Report or Supplement. 4.23.7 Scope of Search: A. The warrant must describe the person, place, or thing to be searched. B. The warrant must describe all items to be seized with particularity. C. The only areas which may be searched are those in which the items are likely to be found. D. While during the course of a search pursuant to a warrant, any contraband or evidence of a crime (even though not specified in the warrant) may be seized if they are in plain view or discovered during the course of the search. E. The search will be discontinued after all items specified in the warrant are found. 4.23.8 Return: The warrant, affidavit, application, and inventory will be filed with the Clerk of the Circuit Court within 10 working days of the issuance of the warrant. 4.23.9 Assistance to Other Jurisdictions: When responding to render assistance to another jurisdiction's law enforcement officers in the execution of a search warrant requiring a deputy's authority, a BSO law enforcement supervisor will be on the scene to ensure: A. The search warrant's validity. B. The search warrant has the correct information for execution (location, authority, jurisdiction, description of place and person to be searched, etc.). C. The Event Report is completed to document the service of the search warrant and assistance to other jurisdictions. Reviewed: 09/29/2021 Revised: 10/04/2021 Rescinds: 09/24/2021 Effective: 10/29/2021 4.23 Page 5 of 7  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES D. When law enforcement officers pose as sellers of controlled substances in reverse undercover sting operations, a significant danger exists of becoming involved in another department's, districts, or agency's narcotics investigations. A Case Explorer Deconfliction number will be obtained. 4.23.10 Case Explorer Deconfliction: The Case Explorer Deconfliction system is located in the South Florida Investigative Support Center (SFISC). It will be utilized as a safety mechanism to prevent the occurrence of conflicts during undercover operations being conducted by federal, state, and local law enforcement representatives within the tri-county area. All concentrated law enforcement activity such as undercover operations, sweeps, or search warrants will require the use of the Case Explorer Deconfliction system prior to the operation and will be documented as such in the operations plan. The following procedures will apply: A. Users will provide the Case Explorer Deconfliction system information regarding the time, nature, and location of their planned undercover operations. This information will,in turn, be cross-referenced with all other ongoing operations to determine if any conflicts exist. This system will enhance deputy/agent safety, facilitate coordination and promote communication among agencies. B. Although physically located within the Center, use of the Case Explorer Deconfliction system will be governed by policies established through HIDTA (High Intensity Drug Trafficking Area). The system will not be employed as a strategic or tactical intelligence or case support vehicle, nor will it be electronically integrated or otherwise be made capable of directly accessing or being accessed by any information data base within the Center. C. The Case Explorer Deconfliction system will have an electronic gateway to allow appropriately routed incoming electronic administrative input or queries to Case Explorer Deconfliction or to theSFISC. D. The Sheriff supports the Case Explorer Deconfliction system, which includes: 1. All narcotics’ enforcement activity conducted by Broward Sheriff's Office personnel will be entered into the Case Explorer Deconfliction system. The Case Explorer Deconfliction system is a fail-safe mechanism, which promotesofficer safety. 2. BSO commands will conduct the Case Explorer Deconfliction check through direct contact with the HIDTA system. If a command requires any assistance with this process or has any questions regarding the results, Reviewed: 09/29/2021 Revised: 10/04/2021 Rescinds: 09/24/2021 Effective: 10/29/2021 4.23 Page 6 of 7  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES they will contact any one of the following: SID Executive Officer, SID Narcotics Supervisor, or the Intelligence Duty Analyst. NOTICE This Standard Operating Procedures is considered law enforcement sensitive and contains certain information that is exempt under Florida Public Records Law. Outside or public requests for information from this Standard Operating Procedures must be directed to the Office of the Inspector General for review and redaction, if necessary, prior to disclosure. Reviewed: 09/29/2021 Revised: 10/04/2021 Rescinds: 09/24/2021 Effective: 10/29/2021 4.23 Page 7 of 7