*****DIRECTIVE 5.22 Flashcards

0
Q
  1. WHEN SEEKING AN APPLICATION FOR AN ARREST WARRANT POLICE MUST FOLLOW WHAT.
A
  1. THE RULES OF CRIMINAL PROCEDURE
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1
Q

ARREST WARRANTS

A

DIRECTIVE 139 5.22

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2
Q
  1. WILL POLICE EVER PROVIDE THE DEFENDANT WITH A COPY OF AN ARREST WARRANT
A
  1. NO
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3
Q
  1. WHEN OBTAINING AN ARREST WARRANT WHO MUST AN INVESTIGATOR CONSULT WITH FIRST.
A
  1. THE HIGHEST RANKING SUPERVISOR AVAILABLE.
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4
Q
  1. WHO MUST POLICE FAX A COPY OF THE ARREST WARRANT TO FIRST FOR APPROVAL.
A
  1. DACU
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5
Q
  1. NO ARREST WARRANT SHALL BE ISSUED BUT UPON WHAT.

2. IS SUPPLEMENTING AN ARREST WARRANT ORALLY AT THE TIME ITS SIGNED BY A JUDGE ACCEPTABLE.

A
  1. PROBABLE CAUSE.

2. NO

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6
Q
  1. NO ARREST WARRANT SHALL BE ISSUED BUT UPON PROBABLE CAUSE………AND WHAT IS REQUIRED.
A
  1. SUPPORTED BY ONE OR MORE AFFIDAVITS SWORN TO THE ISSUING AUTHORIT AND
  2. PROBABLE CAUSE TO BELIEVE THAT THE SUSPECT OF THE ARREST WARRANT IS PRESENT AT THE TIME THE SEARCH IS CONDUCTED
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7
Q
  1. PROBABLE CAUSE MUST EXIST THAT THE SUBJECT OF THE ARREST WARRANT IS BELIEVED TO BE PRESENT AT THE TIME THE SEARCH IS CONDUCTED. DOES THIS HOLD TRUE EACH AND EVERY TIME AN ARREST WARRANT IS SERVED
A
  1. YES.
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8
Q
  1. EXAMPLE.
A

A WARRANT IS SERVED FOR A SECOND OR SUBSEQUENT TIME REQUIRES THE EXISTANCE OF PROBABLE CAUSE TO BELIEVE THE SUBJECT IS PRESENT AT THE SAID LOCATION EACH TIME.

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9
Q
  1. WHO MUST APPROVE AN ARREST WARRANT BEFORE SUBMITTING IT TO A JUDGE OR BAIL COMMISSIONER.
A
  1. DACU
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10
Q
  1. WHO ARE THE ONLY PEOPLE WHO CAN EXECUTE ARREST WARRANTS.
A
  1. SWORN PERSONNAL
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11
Q
  1. IF DACU DISAPPROVES AN ARREST WARRANT , WHAT MUST BE OBTAINED.
A
  1. THE RECORD OF DECLINATION.
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12
Q
  1. WHEN IS THE RECORD OF DECLINATION NOT NEEDED.
A
  1. IF THE MODIFICATIONS BY DACU AMOUNT ONLY TO HANDWRITTEN NOTES FOR THE PURPOSSES OF STRENGTHENING THE PROBABLE CAUSE.
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13
Q
  1. HOW MANY DAYS IS CONSIDERED FOR A PROMPT TRIAL.
  2. WHEN DOES THIS TIME START.
  3. WHAT MUST AN OFFICER DO IN ORDER TO BE EXCLUDED FROM THE 180 DAY PROMPT TRIAL LIMIT.
A
  1. 180 DAYS.
  2. THE DATE THE WARRANT IS OBTAINED.
  3. SHOW DUE DILIGENCE IN ATTEMPTS TO APPREHEND THE WANTED PERSON
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14
Q
  1. IN NO CASE SHOULD WARRANT SERVICE BE INITIATED WITHOUT THE INVESTIGATIVE PROCESS AGAIN IF THE ELAPSED TIME PERIOD HAS BEEN LONGER THEN HOW MANY DAYS
A
  1. LONGER THEN 30 DAYS.
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15
Q
  1. IF A WANTED SUSPECTS INFORMATION IS NO LONGER ACCURATE, OR LOCATION IS NO LONGER ACCURATE, RELIABLE , OR CONTEMPORARY WHAT MUST BE DONE.
A
  1. THE INVESTIGATIVE METHODS MUST BE REPEATED.
16
Q
  1. WHAT IS REQUIRED WITH WARRANT SERVICE.
A
  1. DUE DILIGENCE.
17
Q
  1. SEARCH FOR A WANTED PERSON CAN NOT BE CONDUCTED HOW 2.
A
  1. IN AREAS WHERE A PERSON COULD NOT BE FOUND.

2. THE SEARCH CAN ONLY BE FOR THE PERSON, NOT ITEMS.

18
Q
  1. WHEN EXECUTING A SEARCH WARRANT POLCIE OFFICERS SHOULD GIVE REASONABLE EFFORT TO GIVE WHAT. 3.
  2. UNLESS WHAT.
A
  1. TO GIVE NOTICE OF THEIR IDENTITY.
  2. AUTHORITY.
  3. AND PURPOSE TO ANY OCCUPANT OF THE PREMISE.
  4. EXIGENT CIRCUMSTANCES EXIST.
19
Q
  1. HOW LONG MUST OFFICERS WAIT BEFORE MAKING A FORCED ENTRY.

2. AND HOW LONG IS THAT

A
  1. A REASONABLE AMOUNT OF TIME.

2. 30 SECONDS.

20
Q
  1. WHAT IS WRONG LOCATION, WHEN REFERRING TO AN ARREST WARRANT.
  2. IF A WARRANT IS SERVED ON A WRONG LOCATION, WHO MUST BE NOTIFIED IMMEDIATELY.
A
  1. SERVING A WARRANT ON A WRONG LOCATION.

2. POLICE RADIO.

21
Q
  1. WHEN SERVING AN ARREST WARRANT BOTH “DAMAGE TO PROPERTY” AND “WRONG LOCATION” MUST BE REPORTED IMMEDIATELY TO WHOM.
A
  1. POLICE RADIO
22
Q
  1. IF A WARRANT IS SERVED ON THE “WRONG LOCATION” WHO IS NOTIFIED AFTER POLICE RADIO.
A
  1. THE COMMANDING OFFICER OF THE UNIT THAT OBTAINED THE WARRANT.
23
Q
  1. FOR A WRONG LOCATION WARRANT, WHAT WILL THE COMMANDING OFFICER OF THAT UNIT DO AFTER NOTIFICATION.
A
  1. NOTIFY THE CHEIF INSPECTOR
  2. PREPARE A MEMO TO THE POLICE COMMISSIONER.
  3. NOTIFY THE COMMANDING OFFICER OF THE DISTRICT OF OCCURANCE.
24
Q

EXAMPLE

A
  1. A “WRONG LOCATION” DOES NOT EXIST WHEN ALL FACTORS INDICATE CORRECT WARRANT SERVICE AT THE PREMISES DESCRIBED IN THE WARRANT WAS ACCOMPLISHED.
    SIMPLY BECAUSE THE WARRANT PRODUCED NEGATIVE RESULTS, DOES NOT INDICATE A WRONG LOCATION.
25
Q
  1. WHAT IS NECESSARY TO ARREST AN INDIVIDUAL INSIDE HIS PLACE OF RESIDENCE.
A
  1. AN ARREST WARRANT.
26
Q
  1. WHAT IS NEEDED TO ENTER AND ARREST AN INDIVIDUAL AT A RESIDENCE OTHER THEN THE DEFENDANTS.
A
  1. AN ARREST WARRANT AND A SEARCH WARRANT.
27
Q
  1. WHAT IS NEEDED TO ENTER ANY RESIDENCE, WHETHER OWNED BY THE DEFT OR NOT, IF THE PURPOSE OF THE ENTRY IS TO ARREST THE SUSPECT AND ALSO SEARCH FOR EVIDENCE.
A
  1. A SEARCH WARRANT AND AN ARREST WARRANT.
28
Q
  1. IF SWAT IS NEEDED FOR WARRANT SERVICE WHO WILL MAKE THE REQUEST.
  2. IF AN INVESTIGATOR REQUESTS SWAT AND THE SWAT SUPERVISOR DECLINES TO RESPOND, WHAT IS DONE.
A
  1. THE DISTRICT/UNIT SUPERVISOR

2. NO SERVICE WILL BE CONDUCTED UNTIL A DISTRICT COMMANDER OR CIB IS NOTIFIED AND ASSESSES THE SITUATION

29
Q
  1. EXAMPLE.

WHEN DO EXIGENT CIRCUMSTANCES NOT EXIST.

A
  1. WHERE OFFICERS CREATE THEIR OWN EMERGENCY. BY PUTTING HIMSELF IN A PLACE WHERE THEY ARE NOT LEGALLY PERMITTED TO BE AND THEY ARE FORCED TO TAKE POLICE ACTION.
30
Q
  1. UNLIKE A SEARCH WARRANT, AN ARREST WARRANT HAS NO…..

2. AS LONG AS WHAT IS SHOWN.

A
  1. NO EXPIRATION DATE.

2. AS LONG AS DUE DILIGENCE IS SHOWN

31
Q
  1. IF AN ARREST WARRANT OBTAINED IN PHILA IS SERVED OUTSIDE THE CITY, BUT WITHIN THE COMMONWEALTH WHAT MUST BE DONE WITH THE DEFENDANT.
A
  1. THE DEFENDANT MUST BE TAKEN TO THE PROPER ISSUING AUTHORITY IN THE JUDICIAL DISTRICT OF ARREST FOR THE PURPOSE OF POSTING BAIL.
32
Q
  1. WHEN SHOULD SWAT BE UTILIZED FOR AN ARREST WARRANT.
A
  1. ONLY WHEN SERVICE IS BEYOND THE SCOPE OF THE INVESTIGATOR (SPECIAL TRAINING IS NEEDED)
33
Q
  1. DISTRIBUTION FOR ARREST WARRANT 75-572
A.  THE WITE COPY
B.  THE CANARY COPY
C.  PINK COPY
D.  GOLD COPY.
E.  REMAINING COPY.
A
A.  ISSUING AUTHORITY
B.  DOCUMENT PROCESSING
C.  DISTRICT
D.  DA OFFICE
E.  DISTRICT.