L 3806 Obtaining During Normal Working Hours PDF

L 3806 OBTAINING DURING NORMAL WORKING HOURS: Revised 07-07-21 The o&icer intending to search will prepare an a&idavit and search warrant detailing the facts and circumstances that establish reasonable cause to conduct the search. The o&icer will seek approval from the District Attorney's O&ice. Onc...

L 3806 OBTAINING DURING NORMAL WORKING HOURS: Revised 07-07-21 The o&icer intending to search will prepare an a&idavit and search warrant detailing the facts and circumstances that establish reasonable cause to conduct the search. The o&icer will seek approval from the District Attorney's O&ice. Once approval from the District Attorney's O&ice is received, the o&icer will proceed as follows: 1. The O&icer shall email an electronic “PDF” version of the draft search warrant, signed a&idavit, and all supporting documents to the court’s daytime search warrant email account: [email protected]. _The a&idavit may contain a scanned signature, a “digital” or “electronic” signature, which is any mark made with the intent that it be a signature. The following is an example of a valid electronic signature: Jane Smith Electronically signed by O&icer Jane Smith, [email protected], Date and Time _The email shall include a brief description of what is attached, the number of pages attached, and a contact phone number for the o&icer. 2. A Supervising Judge will receive the email and assign it to an available judge for review. The Supervising Judge will copy the o&icer and Reviewing Judge on the assignment email. Line/Operations Procedures Property of San Jose Police Department For O>icial Law Enforcement Use Only Page 401 DM2024 041024 The Reviewing Judge may contact the o&icer with questions or to verify that all the pages were received and that the electronic signature is genuine. _If the Reviewing Judge has questions related to the Probable Cause to issue the warrant, the o&icer should edit the a&idavit and submit a new request. Information from the phone call will usually not be admissible at a motion challenging the warrant. _Any further status questions or updates should be directed to the Reviewing Judge rather than the general day warrant address. If the o&icer does not receive a timely response from the Reviewing Judge, the o&icer should contact the Reviewing Judge’s courtroom clerk for status updates. 3. The Reviewing Judge will review the documents and, if everything is in order, will: A. Sign the warrant. B. Note the date and time on the warrant. C. Email the signed warrant back to the o&icer. 4. The signed warrant received by the o&icer is the “original warrant.” The o&icer can print and execute the warrant like any traditional hard-copy warrant. 5. Within 10 days after the judge signed the warrant: A. The o&icer shall file a copy of the search warrant, a&idavit, and search warrant return with the clerk’s o&ice. A “Search Warrant Number” will be assigned at that time. Note: A judge’s signature is no longer required on search warrant returns. B. If the warrant is not executed, the o&icer shall mark the face of the warrant “Not Executed” and file a copy of the un-executed warrant with the clerk’s o&ice. 6. The o&icer shall upload a copy of the signed search warrant, search warrant return, a&idavit, any supporting documents, and emails with the judge into Versadex, unless under seal by the court.