Determination concerning when a search warrant must be obtained will be based on ____ and ____. The advice of an assistant district attorney should be obtained and adhered to when any questions arise concerning the search warrant procedure.
pertinent legal guidelines
consultation with a supervisor
All search warrant applications must be submitted to ___ for review prior to submitting to a judge or bail commissioner.
District Attorney Charging Unit (DACU)
Warrants that have not been served within ____ must be voided.
two days from the date of issuance
Existence of facts and circumstances that would justify a person of reasonable caution to believe:
-that an offense has been or is being committed
-that the particular person or item to be seized is reasonable connected to the crime
-that the person can be found at a particular place or the item can be found in the possession of a particular person or at a particular place
Nighttime: 10:01pm to 5:59am
Daytime: 6:00am to 10:00pm
**nighttime warrant must be specifically noted on the warrant
**additional probable cause must be articulated in the warrant application
____ is the standard of review employed by courts in assessing search warrant applications based upon information acquired through informants and third parties.
The totality of the Circumstances
The purpose of ____ is to prevent violence and physical injury to police and occupants, to protect occupant's expectation of privacy, to prevent property damage resulting from forced entry and to give the occupants an opportunity to surrender the premises.
Knock and Annonce Rule
Recent court decisions have shown that ___ should be the minimum time police personnel should delay their entry into a property after announcing their presence and purpose.
Exceptions to the "Knock and Announce" Rule
Occupants remain silent after repeated knocking and identification by officers and continued compliance with the rule would be fruitless.
When the police are virtualy certain that the occupants of the premises already know their purpose
When the police have reason to believe that an announcement prior to entry would imperil their safety
Police have reason to believe that evidence is about to be destroyed
Questions or complaints concerning the warrant or search procedure can be directed to ___.
The pertinent commanding officer
Even when no property is seized, a copy of the warrant must still be given to the owner/occupant or left in a conspicuous location along with the warrant information card.
Damage to property or service of warrants at a wrong location must be reported immediately to ___.
Also, the commanding officer of the unit that obtained the warrant will be notified. He will notify the Chief Inspector and prepare a memo to the Police Commissioner. The C/O of the district of occurrence will be notified by the C/O of the unit that obtained the warrant.
Whenever a search warrant is vioded, ___ will prepare a memo to ___ explaining why the warrant was voided.
This includes warrants that have not been served within the specified time period.
the immediate supervisor
the commanding officer
The search warrant control log shall be maintained by ___. And shall be reviewed ___.
A ____ is needed before an individual may be arrested in his place of residence, regardless of the grade of offense.
____ and ____ are needed to enter a residence other than the defendant's in order to search for and arrest the defendant.
___ and ___ are needed to enter any residence, whether owned by the defendant or not, if the purpose of the poice entry is to arrest a suspect and search for evidence.
search and arrest warrant
search and arrest warrant
____ will not be used as a substitute for a valid search warrant. If officer has PC and there are no exigent circumstances, the officer MUST obtain a search warrant.
Consent to Search
Consent to a _____ must be approved, in writing, by the highest-ranking supervisor available in the district.
Consent to a ____ must be approved, in writing, by a Lieutenant or higher.
Both ____ and ___ WILL be completed for these two types of searches.
CONSENT TO SEARCH FOR and 75-48
A consent to search need not be in writing, except for ___ or ___.
STRIP SEARCH or BODY CAVITY SEARCH.
A STRIP SEARCH may only be conducted when ___ and ____.
Individual has been lawfully taken into custody
Officer can identify specific factors which establish a reasonable suspicion that the individual possesses a weapon, contraband, or evidence of a specific crime
A BODY CAVITY SEARCH may only be conducted when ___ and ___.
Individual has been taken into lawful custody
Officer has obtained a search warrant
***Even with a warrant, a LT or higher must still approve, in writing, application for such warrant.
Strip/Body Cavity Search file.
-Maintained alphabetically by the last name of the individual searched
-Yellow copy of 48 will be initialed by the C/O and filed
-File will be maintained for 5 years
thorough physical examination of an individual taken into custody pursuant to an arrest, a warrant, evidence of a specific crime or where consent has been given by the individual. This search is used to uncover a weapon or contraband such as controlled substances.
**oral cavity is part of this search
removal or rearrangement of clothing to permit the VISUAL inspection of a person's undergarments, buttocks, anus, genitals or breasts to search for a weapon or contraband such as controlled substances.
actual entering or touching, by instrument or appendage, a person's anal or vaginal area ONLY in an effort to search for a weapon, evidence or contraband such as controlled substances
BODY CAVITY SEARCH
It is the overall responsibility of ___ to monitor and track the flow of all Department search warrants. ___ will have the ability to monitor their original affidavits on a regular basis to ensure compliance with departmental policies.
Management Review Bureau
___ will be responsible for an additional level of oversight pertaining to the actual review of the search warrants.
The Integrity Control Office
Confidential warrants are those warrant, approved by the affiant's ___.
Updating the search warrant by computer will the the responsibility of ___.
Search warrants from the warehouse can only be released to ___.
The DAR code= first four digits refer to ____ the last two digits refer to ____.
Only ___ may distribute a warrant to an investigator.