CPL- Session 9 Flashcards
What is a Search Warrant?
A process of a LOCAL CRIINAL COURT directing a police officer to search a designated place, vehicle, or person.
What is a Third Party Search Warrant?
A warrant for searching a premises to arrest a subject named in certain warrants.
Search warrant for a premise to find subject named in arrest warrant
What types of personal property can be seized under a Search Warrant?
Property that there is R.C.T.B. is:
* Stolen
* Unlawfully possessed
* Used/possessed to commit/conceal an offense
* Constitutes evidence
If property is sought in a search warrant regarding an out of state offense what level must the offense be?
The propery sought must stem from an offense that is a Felony if committed in NYS.
How long is a Search Warrant valid after issuance?
10 days
Who can apply for a Search Warrant?
- Police Officer
- District Attorney
- Public servant acting in official duties
What courts can issue a Search Warrant?
A Local Criminal Court with:
* Preliminary jurisdiction over the underlying offense
* Geographical jurisdiction over the place to be searched
What is the strength of various judges’ search warrants in New York?
Good statewide:
* District Court
* N.Y.C. Criminal Court
* Superior Court Judge sitting as L.C.C.
Good in county of issuance or adjoining county:
* City
* Town
* Village
To whom is a Search Warrant addressed?
To a police officer or classification of police officers whos G.A.O.E. embraces or is partially embraced by the county of issuance
Who can execute a Search Warrant?
Can they be delegated?
- Only the police officer(s) to whom it is addressed can execute
- There is no delegation of search warrants unlike Warrants of Arrest
Can Town and Village Police Officers execute a statewide search warrant anywhere in NYS?
NO, Town and Village police can only execute search warrants in the county of issuance or an adjoining county regardless of the strength of the warrant.
What must a receipt after execution of a Search Warrant contain?
- List of property taken
- Name of issuing court
- Subscription of police officer
Receipt will be left with:
* Person property is taken from, or
* Owner, Tenant, Person in possession of, or
* Left in the premises or vehicle
What must be returned to the issuing court after executing a Search Warrant?
- Warrant
- Property seized
- Written inventory subscribed and sworn by PO, or
- Written statement subscribed and sworn by PO regarding execution of underlying arrest warrant (3rd party arrest warrant)
What must an application for a Search Warrant contain?
- Name of court
- Name/title of applicant
- Statement of R.C.T.B. (regarding person or property sought)
- Allegations of fact in support (personal knowledge or info and belief)
- Request for court to issue a warrant
- Copy of warrant of arrest and underlying accusatory instrument (3rd party warrants)
- Subscribed/sworn to by applicant (unless oral)
May contain if applicable:
Night time endorsement request:
* Cannot be executed during daytime hours 0600-2100
* Evidence will be destroyed
No knock request:
* Evidence may be destroyed
* Safety endangered
What is the contents of a Search Warrant?
- Search warrants; form and content
- Name of issuing court
- Subscription of issuing judge (unless oral)
- Name/classification of police officer to whom addressed
- Description of property/person to be seized
- Description of place, person, vehicle to be searched
- Night time endorsement (if applicable)
- No-knock endorsement (if applicable)
- Direction that property be brought to court
- Copy of warrant/underlying accusatory instrument (3rd party)
What is the procedure for oral warrant applications?
- May be communicated by telephone, radio or other electronic communication.
- Applicant must be sworn
- Must conform to 690.35 (standard warrant application content)
- Application/warrant not subscribed
- Warrant must state it was obtained orally
- Voice recording/stenographic = 24 hours to transcribe/subscribe
- Verbatim longhand notes = 24 hours to subscribe
What is needed to obtain 3rd party search warrants?
To obtain you need:
* Warrant of arrest, or
* Bench warrant for Felony, or
* Federal/ Out of NYS arrest warrant for what constitutes NYS Felony
Can apply for:
Night Time Endorsement:
* Belief subject will flee, or
* Commit another crime / endanger safety
-or
No-knock Endorsement:
Warrant for Felony, and:
* Likely to commit another felony, or
* Endanger safety
Explain the important features of a Eavesdropping Warrant?
- More intrusive thus only for more serious offenses
- Only DA, AG, or Dept AG of Org. Crime TF can apply
- Period: no longer than necessary to achieve objective, MAX 30 days
- Justice- Where warrant is to be executed (County, Supreme, Appellate division)
- Issued when there is R.C.T.B.:
1. Person has or is about to commit a designated offense
2. Communications of such offense will be obtained
3. Normal investigative techniques have failed, are unlikely to succeed or too dangerous
- Can be extended with judge approval
- Oral applications possible but only in emergency and are only good for 24 hrs
How long must departments keep applications, warrants, and recordings?
10 years
Duplicates of recordings are permitted for investigative purposes
Are persons involved in eavesdropping warrants entitled to be made aware of such occurrences?
Yes, 90 day notice to persons named in warrants or other parties intercepted
Notice must contain:
* Date of issuance
* Period authorized
* Whether commuinications or observations were intercepted
Upon arraignment:
* Notice must be given to a defendant within 15 days with a copy of the warrant and application
* May be extended upon good cause that is non prejudicial to the defendant
Explain:
* Pen Registers
* Trap/Trace Devices
- Pen Registers: Captures outgoing dialed impulses
- Trap/ Trace Device: Captures incoming dialed impulses
- Applicants: DA or Assistants, AG or Assistants, Dept AG Org Crime TF or Assistants
- Justice- Where warrant is to be executed (County, Supreme, Appellate division)
- Agency- Any empowered to arrest, investigate, or prosecute for a felony
- Requires reasonable suspicion (Not propbable cause)
- Good for 60 days may be extended in 60 day intervals
- No emergency application procedure
- Only disclosed by court order
Only track to prove communication between parties. These do not intercept actual messages like with an eavesdropping warrant
What constitutes ‘Dangerous Drugs’?
Any substance listed in schedules I, II, III, IV, or V of section 3306 of the public health law.
What is the procedure for destruction of a dangerous drug include?
Direction for destruction in presence of:
* At least two witnesses, and
* At least one must be a police officer.
What is the procedure for the handling of dangerous drugs following any felony case involving the possession of such drugs?
- Alleged drugs must be submitted for analysis within 45 days
- Lab will issue a report
- PD has 10 days after recieving report from the lab to provide copy to DA
