Flashcards in 301 - Search and Seizure (1 of 2) Deck (54):
Who is the owner of Order 301 - Search and Seizure?
Director of Investigations and Homeland Security
Officers attempting to secure warrants related to narcotics violations must contact the _____ prior to obtaining the warrant.
Detectives and Patrol Division personnel may complete the search warrant themselves or contact the _____ for assistance if necessary.
In all cases a _____ must approve the probable cause for the search warrant by initialing the probable cause section of the Search Warrant Checklist.
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.
one original signed warrant and an inventory of seized items
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.
returned to a judge
Is a copy of the affidavit left at the scene of a search warrant?
it is not necessary that the officers executing the warrant leave a copy of the affidavit at the premises searched.
The _______ will file the original search warrant with the Clerk of the Court for sealing.
SAO Intake Department
Who determines if the search warrant is high risk in nature by completing the Search Warrant Request Checklist (P-0394) Section 6 (Tactical information)?
Supervisor in charge
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;
_____ 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.
Narcotics Information Network Joint Agency System
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.
prior to entry during execution of the search warrant, officers will _____, _____ and _____
`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.
Officers encountering person(s) outside the residence prior to serving the search warrant will do what?
secure them until they have an opportunity to knock and announce.
Search Warrants: Force may be used to enter the premises only after a wait of a _____.
reasonable amount of time
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.
taking flight, destroying evidence
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?
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.
in imminent danger of bodily harm
Search Warrants: If announcing the officers presence increases the danger to the officers do they have to announce their presence?
Search Warrants: If the officers have a justifiable belief that an _____ or _____ will be attempted they do not have to announce.
escape from the residence or destruction of evidence
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).
Is the mere fact that evidence can be easily destroyed is enough to justify a no knock and announce entry
No, they must seek verifying information.
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;
Search Warrants: A minimum of _____ will be assigned per room.
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.
Supervisor at the scene
Crime Scene detective
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;
coordinate and be present
A copy of the property inventory sheet shall be left with _____, _____ or _____.
the person named in the warrant, with the person in charge of the premises or in a conspicuous place
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.
initials and ID number
What happens to the original signed copies of the search warrants? (2)
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
Besides an original signed copy of the search warrant, what else is returned to the judge?
an inventory of what was found during the search warrant.
When will an officer/detective keep an original signed search warrant?
UNDER NO CIRCUMSTANCES SHALL AN OFFICER EVER KEEP AN ORIGINAL SIGNED SEARCH WARRANT THAT HAS BEEN ISSUED BY A JUDGE.
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.
ten (10) days
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 _____.
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 _____.
fifteen (15) days
The _____ will be the central depository for search warrants case files for the agency.
The Narcotics/Vice Section shall maintain a database, which has the capability of tracking search warrants by the following: (4)
(3) Confidential Informant/Source; and
(4) Target(s) of Pending Search Warrant.
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 _____.
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.
ten 10 working days
A completed copy of the case file involving Patrol Division personnel shall be maintained in the _____.
respective zone office
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.
Fourth and Fourteenth
Warrantless Search exceptions are explained below and may be recalled through the use of the acronym PEACH PIT:
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.
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.
publicly accessible area
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 _____.
his immediate control (within the arrestee’s “wingspan”)
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.
specific and articulable
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.
evidence relevant to the crime
Search Incident to Arrest: The trunk may not be searched unless _____ or _____
consent is given or contraband is found in the passenger compartment.
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.
“consented to search but refused to sign”,
Consent must be given knowingly, intelligently, and voluntarily without _____.
Consent given while a subject is being detained may _____.
not be valid
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).
own the property, have legal control of the property or other legal authority
Can a person giving consent limit the scope of a search when granting consent?
yes, the individual may indicate that certain areas or types of itesm (glove box, closet, shed) may not be searched or examined