Directive 5.7 Search Warrants

Question 1

According to Directive 5.7 Search Warrants, Consent to a strip search must be approved , in writing by the _________? available in the district.

Answer 1

Highest ranking supervisor available

Question 2

According to Directive 5.7 Search Warrants, Informants or third parties,___________, as well as all issues relating to the totality standard can all be enhanced with an officers independent investigation and observation and additional corroboration of the informants and third party’s information

Answer 2

Credibility , reliability

Question 3

According to Directive 5.7 Search Warrants, Once a consent is given , sworn personnel may seize the following ?

Answer 3

1. Property , which constitutes evidence of the
   commission of criminal offense.
2. Property which is or has been used as the means of
   committing a crime.
3. Contraband, the fruits of a crime, or other things
   criminally possessed.

Question 4

According to Directive 5.7 Search Warrants, Corrections , additions , or deletions on any copy of the 75-175 once the judge or bail commissioner has possession of it MUST be approved by the ADA , True or False ?

Answer 4

FALSE: Make no corrections, additions , or deletions on any copy of the 75-175 once the judge or bail commissioner has approved it.

Question 5

According to Directive 5.7 Search Warrants, Consent to a BODY CAVITY SEARCH MUST be approved , in writing , by a _________or higher-ranking supervisor

Answer 5

Lieutenant

Question 6

According to Directive 5.7 Search Warrants, a search warrant is needed enter a residence other than the defendants in order to search for and arrest the defendant. True or false ?

Answer 6

FALSE: Both an arrest warrant and a search warrant are needed to enter a residence other than the defendants in order to search for and arrest the defendant.

Question 7

According to Directive 5.7 Search Warrants, When possible , search warrant applications MUST be submitted to the District Attorneys Charging Unit for review prior to submitting to a judge or bail commissioner. True or False ?

Answer 7

FALSE : all search warrant applications MUST be submitted to the District Attorneys Charging Unit for review prior to submitting to a judge or a bail commissioner.

Question 8

According to Directive 5.7 Search Warrants, Search and seizure warrants that have been signed by a judge or bail commissioner will never be voided. True or False?

Answer 8

FALSE: Exception: Search and seizure warrants that have not been served within the specified period of time, (two days from the date of issuance) must be voided.

Question 9

According to Directive 5.7 Search Warrants, What are some exceptions to the knock and announce rule which will permit an officer to disregard the provision ?

Answer 9

1. When the occupant of the premises remain silent after repeated knocking
2. The police believe evidence is about to be
   destroyed
3. When police have reason to believe that an
   announcement prior to enter would imperil their safety.

Question 10

According to Directive 5.7 Search Warrants, What are some factors, which court consider in determining whether exigent circumstances existed , are ?

Answer 10

1. A strong reason to believe that the suspect is on the
   premises and committed a crime.
   2.Hot pursuit.
   3.The reasonable belief hat a threat of physical harm
   to police officers or others exists unless an arrest is
   made immediately.

Question 11

According to Directive 5.7 Search Warrants, Search Warrants need to be broad so that any evidence seized can be including in the charging. True or False?

Answer 11

FALSE : The Premises or person to be searched and the items to be seized must be specifically described in the warrant so that the judge or bail commissioner and executing officer have no doubt as to who or what can be seized and where they my be found.

Question 12

According to Directive 5.7 Search Warrants, The officer involved may create their own exigent circumstances by being somewhere they are not legally permitted True or False ?

Answer 12

False: exigent circumstance do not exist where officers create their own emergency.

Question 13

According to Directive 5.7 Search Warrants, Commanding officer shall review the search warrant log periodically , and on a _________basis review each search warrant issued.and Ensure all legal and departmental guidelines followed

Answer 13

Monthly

Question 14

According to Directive 5.7 Search Warrants, Supplementing a search warrant orally at time it is signed by judge or bail commissioner is not acceptable True or false

Answer 14

true

Question 15

According to Directive 5.7 Search Warrants, All individuals present during the serving of search warrant will automatically be detained, and frisked as an extension of the search. True or False

Answer 15

False : While the search warrant allows the individuals present to be detained during the search,It dose not automatically authorized an officer to frisk the individuals. Officers must have additional reasonable suspicion to believe the individual present during a search warrant has a weapon that could harm the officer.

Question 16

According to Directive 5.7 Search Warrants, Damage to property or service of warrants at a “wrong location “ must be reported to Police Radio immediately.

Answer 16

TRUE

Question 17

According to Directive 5.7 Search Warrants, A nigh time search warrant is one that is served when ?

Answer 17

10:01PM to 5:59AM

Question 18

According to Directive 5.7 Search Warrants, A search warrant my be issued to seize the following ?

Answer 18

Contraband- the fruits of a crime , or things otherwise.
Property- which constitutes evidence of the commission of a criminal offense.
Property- which is or has been used as a means of committing a criminal offense

Question 19

According to Directive 5.7 Search Warrants, to obtain a search warrant, sworn personnel must ?

Answer 19

1. Have thoroughly investigated a complaint as to convince a disinterested party ( judge or bail commissioner) that probable cause exists to justify a search.
2. Prepare a 75-175 as outlined in this directive
3. Consult with his highest-ranking supervisor.

Question 20

According to Directive 5.7 Search Warrants, Affidavits WILL be approved based on information provided by the informant or third party , exclusively on their credibility and reliability of the informant or third party. True or False ?

Answer 20

FALSE: Information obtained from informants, particularly criminal informants, must be thoroughly examined and documented in order to use in and successfully sustain the probable cause for the warrant and future court challenges.

Question 21

According to Directive 5.7 Search Warrants, Whenever a search warrant is served and dose not produce items of evidentiary value. the 75-48 will be coded as wrong location, and the search warrant filed as negative.

Answer 21

FALSE: A wrong location dose not exist when all factors indicate correct warrant service at the premises described in the warrant was accomplished

Question 22

According to Directive 5.7 Search Warrants, Warrant less arrest and search are NEVER permitted True or False ?

Answer 22

FALSE: Warrant-less arrests and searches Are Permitted Where exigent circumstances exit.

Question 23

According to Directive 5.7 Search Warrants, Search warrants must be served within a specified period of time not to exceed__________ from the date of issuance

Answer 23

Two days

Question 24

According to Directive 5.7 Search Warrants, The purpose of ___________. Rule is to prevent violence and physical injury to police and occupants , to protect an occupants expectation of privacy, to prevent property damage resulting from forced entry and to give the occupants an opportunity to surrender the premises.

Answer 24

Knock and Announced

Question 25

According to Directive 5.7 Search Warrants, On every occasion where a search warrant has been obtained, sworn personnel will give to the owner or occupant.

Answer 25

A Warrant information card (75614) and a copy of the search Warrant.

Question 26

According to Directive 5.7 Search Warrants, For a Consent Search to be valid it must be granted :

Answer 26

1. Voluntary
2. information
3. knowingly

Question 27

According to Directive 5.7 Search Warrants, To obtain a search warrant, Assigned investigator will ?

Answer 27

1. Fax completed 75-175 to the DACU for approval
   2.Ensure the ADA evaluates, noting their approval or
   disapproval in the margin.
   3.Write DACU approval in the margin and include the
   ADA’s name , date time.

Question 28

According to Directive 5.7 Search Warrants, Whenever a search warrant is voided , the immediate supervisor will prepare a memorandum to their Commanding Officer explaining why the warrant was voided. True or False ?

Answer 28

True

Question 29

According to Directive 5.7 Search Warrants, Court decisions from both federal and state supreme court have established the test of _________? as the standard of review by courts in assessing search warrant applications based upon information acquired through information acquired through informants and third parties.

Answer 29

The totality of the circumstances