Chapter 29 Execution Of Search Warrants PDF

CHAPTER 29 – EXECUTION OF SEARCH WARRANTS REV. NOVEMBER 30, 2012 29.01 DEFINITIONS A. Curtilage: The yard and buildings which relate to domestic activities and surround a residence or dwelling place, generally including garages, sheds, outhouses, driveways, barns, fenced-in-areas around the...

CHAPTER 29 – EXECUTION OF SEARCH WARRANTS REV. NOVEMBER 30, 2012 29.01 DEFINITIONS A. Curtilage: The yard and buildings which relate to domestic activities and surround a residence or dwelling place, generally including garages, sheds, outhouses, driveways, barns, fenced-in-areas around the house, and the like. It does not include vehicles in the street, commercial business structures, or open fields surrounding a residence. B. Exigent Circumstances: An emergency or unforeseen occurrence or combination of circumstances which requires an officer to act immediately. For example, exigent circumstances may exist if: 1. A wanted suspect may escape; 2. Bodily injury may occur; 3. Evidence will be lost or destroyed; or, 4. Serious damage to property, real or personal may occur. C. Mere Evidence: Property or items (but not contraband or a fruit or instrumentality of a crime) constituting evidence of an offense or tending to show that a particular person committed an offense. D. Probable Cause: That total set of apparent facts or circumstances based on reasonably trustworthy information which would warrant a prudent person (in the position of and with the knowledge, of the particular peace officer) to believe something, for example, that a particular person has committed some offense against the law. E. Reasonable Suspicion: An officer’s rational belief, based on credible and articulable information and circumstances, that an offense may have occurred or that a particular person may have committed an offense. F. Search Warrant: A written order, issued by a magistrate (on a showing of probable cause) and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate. 29.02 GENERAL DUTIES A. Unless permitted under CHAPTER 16, Warrantless Search and Seizure, officers shall never conduct a search or seize property without a search warrant. B. Officers shall never alter the information on any search warrant in any manner. C. Officers shall presume that any search warrant, which appears in proper form, is valid. To be in proper form and valid on its face, a search warrant should: Effective date April 30, 2014 288  1. Run in the name of "The State of Texas"; 2. Identify the property to be seized and the person, place, or thing to be searched; 3. Command any peace officer of the proper county to conduct the search immediately; and 4. Be dated and signed by the magistrate. D. Officers shall execute a valid search warrant as provided by law and by these rules. E. If the search warrant lacks proper form, officers shall not executive it but shall return it to the magistrate who issued it. A warrant lacks "proper form" if it appears on its face to be incorrect or if it contains significant errors in identifying the place to be searched or the property to be seized. F. Whenever officers execute a search warrant, they shall bring it with them to the scene and exhibit it to the person, if any, in charge of the premises. G. In order to obtain consent to search, or otherwise, officers shall never falsely represent to any person that a search warrant has been issued or that officers can obtain a search warrant when there is not enough probable cause to obtain one. 29.03 TIME SEARCH A. Days allowed for a warrant to run. The time allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution, is: 1. 15 whole days of the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples; or 2. Three whole days if the warrant is issued for a purpose other than that described by Subdivision (1). B. The time of day for executing the search warrant shall be based on the following rules: 1. Whenever possible, execute during daylight, unless circumstances make this dangerous or impractical. 2. Execute when resistance is least expected and best controlled. 3. Minimize the inconvenience to persons who may be on the premises to be searched unless other circumstances make this impractical. 4. Balance the safety, effectiveness, and convenience of officers and occupants. 29.04 SCOPE OF SEARCH A. Officers shall only execute the search warrant and make the search at a place described in the warrant. Effective date April 30, 2014 289  1. Officer may search all buildings or structures, within the curtilage of the described place, where the items sought may be kept. 2. If a warrant describes the replace to be searched as a limited portion of larger premises, officers may not extend the search to other, unnamed portions. B. Officers shall only search for items named in the search warrant. Officers shall not search those places or things which could not contain or conceal the items described in the search warrant. C. Officers may under the plain view doctrine seize items not named in the search warrant, but discovered during a lawful search, if they have probable cause to believe they are contraband, fruits of a crime, stolen property, evidence of a crime, or instrumentalities of a crime. D. A person may not be detained merely because he is found at the scene of a search warrant execution, but he may be detained: 1. If he is an occupant of the premises (that is one who occupies the place as an owner or tenant); or 2. If officers possess reasonable suspicion that he is or has been involved in criminal activity. E. A valid detention may be maintained for as long as the search is being conducted. The search shall be diligently pursued and completed. F. Officers may not search a person merely because he is found on the premises, but may search a person: 1. Incident to a lawful arrest of that person, in accordance with CHAPTER 16, Warrantless Search and Seizure; 2. If the warrant directs that a named or adequately described person be searched, he may be searched for the items sought in the warrant; 3. If officers have reasonable suspicion that a particular person is armed and dangerous to the officer or other person (such a search is limited to a weapons frisk; a search for seizable property may not be made on this basis); or 4. If officers develop probable cause to believe the suspect has seizable property on his person. 5. Search for proof of identification. 29.05 SEARCH PROCEDURE A. Only peace officers will generally participate in the execution of a search warrant. However, when appropriate, the officer in charge may permit a BCSO legal advisor and/or a member of the prosecutor’s office to accompany officers during the execution of the search warrant. When necessary to the success of the search warrant execution, the execution. Effective date April 30, 2014 290 B. The officer in charge shall take appropriate measures to insure the safety and security of fellow officers, the items sought, and any persons at the scene of the execution. C. Officers shall enter the premises by the least forceful means possible under the circumstances. 1. Subject to the exception in paragraph 2, below, when seeking to enter private premises, officers shall ring the doorbell or knock on the door, announce their identity and purpose, and demand admittance. They shall then wait, for a reasonable time under the circumstances, to be admitted. 2. If, in the view of the officer in charge, exigent circumstances exists which unduly jeopardize the safety and security of the officers, the item sought, or person in the area, officers shall enter the premises by the most efficient means possible. However, although entry may necessarily include breaking a door or window, officers must strive to inflict as little damage as possible to the premises. D. When necessary, officers shall first enter the building or other premises and locate and control the movement of all persons who might hinder the search or pose a threat to safety. Officers shall also locate and control all items which might be used as weapons. Officers may frisk any person who they reasonably suspect may have a weapon concealed upon his person. Officers should inform all persons not needed at the search scene to vacate the premises for a reasonable period of time. 1. Officers shall use only the amount of force reasonably necessary to secure the premises. Officers will not use or threaten force after all potential resistance has been controlled. 2. Officers shall, as soon as practical, present a copy of the warrant to the owner; if present, or person in control of the place, and explain the reason for the search. E. After securing the premises, officers shall search for the items named in the search warrant. When possible, a team of two officers should search a single room or area. 1. Officers shall diligently attempt to prevent and minimize damage to the premises and property. Unless necessary, officers will not leave the premises in disorder or disarray. 2. During the course of the search, the officer in charge is responsible for keeping a record of the areas examined, who examined them, the items seized, and where each seized item was found. 3. Officers shall safeguard the admissibility of all seized property by protecting the "chain of evidence": The officer who actually seizes a particular item shall mark or tag that item with his initials and the date and time. All evidence shall be handled in accordance with CHAPTER 19, Evidence Collection and Property Handling. Before the officer takes seized property from the place, he shall prepare a written inventory of such property. He shall legibly endorse his name on the inventory and present a copy of the inventory to the owner or other person in possession of the property. All property seized must be listed on the inventory. This includes property not listed on the warrant and documentation of dominion. Effective date April 30, 2014 291  4. If neither the owner nor a person in possession of the property is present when the officer executes the warrant, the officer shall leave a copy of the warrant and the inventory at the place. 5. Officers shall state on the search warrant, or some paper attached to it, the manner in which it has been executed. He shall deliver the warrant and a copy of the inventory to the issuing magistrate. F. Officers shall leave the premises at least as secure as when they entered, for example, by leaving them in the hands of a responsible person or by locking all doors and windows. G. A search warrant authorizes only one search of premises. Thus, officers cannot search the premises again under the same warrant once they have executed the warrant and left the premises. 29.06 ARRESTS DURING SEARCH A. In cases of combined warrants commanding both arrest and search at a premise, or where officers reasonably suspect that an occupant may be named in an outstanding arrest warrant, officers may require any person on the searched premises to identify himself in order to determine whether the arrest warrant names that person. B. During the search, officers may inadvertently find and seize contraband or some other item which gives officers probable cause to believe that an offense has been committed. Arrest for such offense may be made in compliance with the rules set out in this CHAPTER. C. Officers may arrest any person who attempts to escape or who forcefully resists or interferes with the lawful execution of a search warrant. D. Officers may also arrest anyone on the premises who refuses to identify themselves, if they have reasonable suspicion that such person qualifies as a witness under Bexar County Sheriff’s Office policy and procedure Section 17.04 of CHAPTER 17 on Stop and Frisk. E. An officer shall make all arrests in accordance with the applicable rules in CHAPTER 11 on Warrantless Arrest. 29.07 USE OF SUPPORT UNITS DURING EXECUTIONS A. Investigators may enlist the aid of the various support units to assist in the execution of search warrants in circumstances that may entail unusual or exceptional threats to officer safety. In such cases, a warrant entry team or SWAT can be utilized. B. Investigators executing search warrants may also request the assistance from the Evidence Unit personnel to recover stolen property. C. Uniformed patrol officers and warrant officers may also be used in approaching and securing the premises to be searched. Effective date April 30, 2014 292 29.08 REPORTS REQUIRED A. Details of any search and seizure must be carefully reported in order to insure a successful prosecution. B. Use of any degree of force must be carefully documented. The narrative must detail the circumstances and justification of the force used. Furthermore, a detailed description of the actual force used must be prepared. C. Property damage caused during an entry or the search must also be detailed in the report. The damaged property must be identified and reason for the destruction explained. Effective date April 30, 2014 293