301 - Search and Seizure (1 of 2)

Question 1

Who is the owner of Order 301 - Search and Seizure?

Answer 1

Director of Investigations and Homeland Security

Question 2

Officers attempting to secure warrants related to narcotics violations must contact the _____ prior to obtaining the warrant.

Answer 2

Narcotics Unit

Question 3

Detectives and Patrol Division personnel may complete the search warrant themselves or contact the _____ for assistance if necessary.

Answer 3

Narcotics/Vice Unit

Question 4

In all cases a _____ must approve the probable cause for the search warrant by initialing the probable cause section of the Search Warrant Checklist.

Answer 4

supervisor

Question 5

Upon serving the warrant, _____ and _____ will be left at the premises and the other original signed warrant will be returned to a judge to convey the outcome of the search.

Answer 5

one original signed warrant and an inventory of seized items

Question 6

Upon serving the warrant, one original signed warrant and an inventory of seized items will be left at the premises, and the other original signed warrant will be _____ to convey the outcome of the search.

Answer 6

returned to a judge

Question 7

Is a copy of the affidavit left at the scene of a search warrant?

Answer 7

it is not necessary that the officers executing the warrant leave a copy of the affidavit at the premises searched.

Question 8

The _______ will file the original search warrant with the Clerk of the Court for sealing.

Answer 8

SAO Intake Department

Question 9

Who determines if the search warrant is high risk in nature by completing the Search Warrant Request Checklist (P-0394) Section 6 (Tactical information)?

Answer 9

Supervisor in charge

Question 10

If any of the items in Section 6 Tactical Information are answered “Yes”, the supervisor in charge will confer with a _____ to determine if they will serve the warrant;

Answer 10

SWAT supervisor

Question 11

_____ is a cross reference information source that prevents other officers, units and outside agencies from conducting investigations, search warrants or arrest warrants that would interfere with on-going investigations.

Answer 11

NINJAS

Question 12

(NINJAS)

Answer 12

Narcotics Information Network Joint Agency System

Question 13

Supervisor in charge authorize and coordinate the execution of the warrant and ensure that a Narcotics Information Network Joint Agency System (NINJAS) de-confliction request has been completed and submitted at least ______ prior to the warrant being served.

Answer 13

two hours

Question 14

prior to entry during execution of the search warrant, officers will _____, _____ and _____

Answer 14

`announce themselves as police officers, display their badges and raid jackets or tactical vests, and advise that they have a search warrant for the premises.

Question 15

Officers encountering person(s) outside the residence prior to serving the search warrant will do what?

Answer 15

secure them until they have an opportunity to knock and announce.

Question 16

Search Warrants: Force may be used to enter the premises only after a wait of a _____.

Answer 16

reasonable amount of time

Question 17

Search Warrants: Force may also be used if, while waiting for the door to open, there is some indication that the occupants are _____, _____, or taking some action that may jeopardize the safety of the officers and others.

Answer 17

taking flight, destroying evidence

Question 18

Search Warrants: If the person(s) within the premises already know(s) of and acknowledges the officers’ authority and purpose, do the officers have to announce their presence?

Answer 18

No

Question 19

Search Warrants: If the officers have a justifiable belief that a person or persons within the premises are _____, they do not have to announce their presence.

Answer 19

in imminent danger of bodily harm

Question 20

Search Warrants: If announcing the officers presence increases the danger to the officers do they have to announce their presence?

Answer 20

No

Question 21

Search Warrants: If the officers have a justifiable belief that an _____ or _____ will be attempted they do not have to announce.

Answer 21

escape from the residence or destruction of evidence

Question 22

Search Warrants: Officers must have _____ that the risk of escape or destruction of evidence is imminent not to announce their presence before entering. It must be articulated that evidence is kept in a manner which can be easily destroyed (near a toilet or sink expressly for the purpose of possible destruction).

Answer 22

articulable knowledge

Question 23

Is the mere fact that evidence can be easily destroyed is enough to justify a no knock and announce entry

Answer 23

No, they must seek verifying information.

Question 24

Search Warrants: _____ will be detained, searched, and brought into one secured room where an officer is assigned to remain with the subject(s) at all times;

Answer 24

Each occupant

Question 25

Search Warrants: A minimum of _____ will be assigned per room.

Answer 25

two officers

Question 26

If damage occurs to a structure or vehicle during the service of a search warrant or arrest warrant, photographs of the damage will be taken by the _____, unless additional processing is needed and a _____ is there for more thorough processing.

Answer 26

Supervisor at the scene | Crime Scene detective

Question 27

The Supervisor in charge of the execution of a search warrant which has been issued for the purpose of obtaining a biological sample(s) (hair, saliva, blood etc.) shall _____ and _____ during the execution of the warrant;

Answer 27

coordinate and be present

Question 28

A copy of the property inventory sheet shall be left with _____, _____ or _____.

Answer 28

the person named in the warrant, with the person in charge of the premises or in a conspicuous place

Question 29

All individually bagged items of evidence will be secured in a larger bag by the supervisor in charge of the search warrant. The supervisor will check the inventory for completeness and seal the bag with tape and his _____ and _____. The sergeant will write _____ on the outer bag, and provide their immediate contact information.

Answer 29

initials and ID number | “Search Warrant”

Question 30

What happens to the original signed copies of the search warrants? (2)

Answer 30

One is left with the person named in the warrant , the person in charge or in a conspicuous place The other original signed search warrant will be returned to a Judge

Question 31

Besides an original signed copy of the search warrant, what else is returned to the judge?

Answer 31

an inventory of what was found during the search warrant.

Question 32

When will an officer/detective keep an original signed search warrant?

Answer 32

UNDER NO CIRCUMSTANCES SHALL AN OFFICER EVER KEEP AN ORIGINAL SIGNED SEARCH WARRANT THAT HAS BEEN ISSUED BY A JUDGE.

Question 33

Executing law enforcement officers, will within _____ of the service of the warrant and upon return of the inventory and signature of the judge, hand carry the original warrant to Felony Intake (located in the State Attorney’s Office law enforcement entrance on Duval St.) for logging and filing with the Clerk of the Court.

Answer 33

ten (10) days

Question 34

If a warrant is served, no contraband is found, and no arrests are made, a copy of the search warrant will be filed with the _____.

Answer 34

Narcotics Unit

Question 35

If a warrant is not served in a timely manner, or the officer decides to let it lapse, the original signed warrants will be returned to the Felony Intake Department of the SAO within _____.

Answer 35

fifteen (15) days

Question 36

The _____ will be the central depository for search warrants case files for the agency.

Answer 36

Narcotics/Vice Section

Question 37

The Narcotics/Vice Section shall maintain a database, which has the capability of tracking search warrants by the following: (4)

Answer 37

(1) Location; (2) Arrestee/Defendant; (3) Confidential Informant/Source; and (4) Target(s) of Pending Search Warrant.

Question 38

All completed search warrant case files (including the Search Warrant Request Checklist and the Search Warrant Case File Checklist) involving Patrol will be delivered to and maintained by the _____.

Answer 38

Narcotics/Vice Section

Question 39

The completed case file from the Patrol Division and reports from the Investigations Division must be delivered to the Narcotics/Vice Section within _____ of the conclusion of the investigation, unless approved by an _____ or higher authority.

Answer 39

ten 10 working days | Assistant Chief

Question 40

A completed copy of the case file involving Patrol Division personnel shall be maintained in the _____.

Answer 40

respective zone office

Question 41

Per the _____ and _____ Amendments to the United States Constitution and Article ___, Section __ of the Florida Constitution, officers may not conduct a search without a search warrant unless an exception applies.

Answer 41

Fourth and Fourteenth I 12

Question 42

Warrantless Search exceptions are explained below and may be recalled through the use of the acronym PEACH PIT:

Answer 42

``` Protective sweep Exigent circumstances Arrest Consent Hot Pursuit Inventory Terry stop ```

Question 43

Officers shall carefully search all persons arrested on probable cause or by service of an arrest warrant to locate and remove any weapons and to seize evidence on the _____. Officers shall also search the area into which the arrestee _____ in order to grab a weapon or evidentiary item.

Answer 43

arrestee’s person | may reach

Question 44

If the arrest occurs in an area or location that is legally accessible by the general public, officers may conduct an area search of the _____ into which a weapon or evidentiary item may have been thrown by the arrestee.

Answer 44

publicly accessible area

Question 45

If the arrest occurs within a residence, search incident to arrest is generally restricted in scope to the person of the arrestee and the area within _____.

Answer 45

his immediate control (within the arrestee’s “wingspan”)

Question 46

The Fourth Amendment allows a properly limited protective sweep in conjunction with the arrest when the searching officer possesses a reasonable belief that based on _____ and _____ facts the area to be searched harbors a subject posing a danger to those at the arrest scene, or contains a weapon that may be grabbed and used by subjects at the scene. Such search or sweep must also be _____ with the arrest and not be remote in time or place.

Answer 46

specific and articulable | contemporaneous

Question 47

If the arrest occurs in a motor vehicle, the passenger compartment, including closed containers, may be searched if there is reason to believe that _____ with which the arrestee is being charged may be found in the vehicle.

Answer 47

evidence relevant to the crime

Question 48

Search Incident to Arrest: The trunk may not be searched unless _____ or _____

Answer 48

consent is given or contraband is found in the passenger compartment.

Question 49

If the individual indicates that he will consent to a search but refuses to sign the Consent to Search Form (P-0492), fill out the form anyway and indicate _____ inserting initials and the signature of any witness in the signature block.

Answer 49

“consented to search but refused to sign”,

Question 50

Consent must be given knowingly, intelligently, and voluntarily without _____.

Answer 50

coercion

Question 51

Consent given while a subject is being detained may _____.

Answer 51

not be valid

Question 52

For a person to consent to a search of a vehicle or other property, the person must _____, _____ or _____to consent to the search (such as the driver of the vehicle).

Answer 52

own the property, have legal control of the property or other legal authority

Question 53

Can a person giving consent limit the scope of a search when granting consent?

Answer 53

yes, the individual may indicate that certain areas or types of itesm (glove box, closet, shed) may not be searched or examined

Question 54

If consent is given and later withdrawn by an individual, is contraband or evidence found prior to the withdrawal admissible?

Answer 54

yes