OO 05-03 Search Warrants

Question 1

A lead officer or investigator will consult with the _____ ______ ______ with regards to obtaining the warrant. Chapter 933 of the Florida State Statues pertains to search warrants. Officers must have a SAO file assigned for each search warrant.

Answer 1

State Attorney’s Office (SAO)

Question 2

Officers attempting to secure warrants related to ______ violations must contact the ________ Unit prior to obtaining the warrant. This coordination with the _______ Unit is to determine if an ongoing investigation is already in progress. If an investigation is ongoing, officers will coordinate their efforts with the ________ Unit.

Answer 2

narcotics

Question 3

Officers must complete a Search Warrant Request Checklist (Form P- 394) and be prepared to execute a sworn affidavit setting forth the following points:

Answer 3

1. A precise physical description of the premises to be searched, to include:

a. Type of structure (apartment, single story dwelling, etc);

b. Type and color of construction (wood, block, brick, stucco, etc);

c. Any posted numerical address and the location of the numbers (above front entry door, front of premises, etc.);

d. The directional location (e.g., 3rd residence on the north side of Beach Blvd, east of Huffman Rd; building on the southwest corner of 1st St and Florida Ave); and

e. Any unique characteristics that would identify the premises.

**2. A clear statement describing the property or evidence which is the subject of the search warrant; **

3. A complete and accurate statement of probable cause.

Question 4

Detectives and Patrol Division personnel may complete the search warrant themselves or contact the __________ for assistance if necessary.

Answer 4

Narcotics/Vice Unit

Question 5

Personnel not needing assistance from the Narcotics/Vice Unit may take the
completed ___________directly to the State Attorney’s Office for completion of the warrant. In all cases a supervisor must approve the probable cause for the search warrant by initialing the probable cause section of the ______________.

Answer 5

**Search Warrant Checklist (Form P-394) **

Question 6

Officers who have the affidavit and warrant typed up and blue backed before coming to the State Attorney’s Office (SAO) will check to make certain that the assigned SAO number has been written in ____ ink on both original warrants.

Answer 6

**black **

Question 7

If warrants are electronically prepared, officers will bring the warrant information on a ___ to the State Attorney’s Office as well as the hard copy.

Answer 7

disk

Question 8

Officers will present the original affidavits and warrants to a Judge for the Judge’s
approval and_______.

Answer 8

signature

Question 9

The judge will have the officer sign the affidavits and warrants as the affiant in the judge’s presence. Once the affidavits and warrants have been signed by the affiant and the judge, the officer will take ____ of the signed warrants.

Answer 9

both

Question 10

Upon serving the warrant, one original signed warrant and an** **______ of seized items 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.

Answer 10

inventory

Question 11

The original search warrant shall be delivered to the ______ ______ Department of the SAO. The SAO Intake Department will file the original search warrant with the Clerk of the Court for sealing. Officers are to make copies of the warrant for their case files.

Answer 11

Felony Intake

Question 12

Although the affidavit is normally attached to the warrant, it is not necessary that the officers executing the warrant leave a copy of the affidavit at the
_____ ______.

Answer 12

premises searched.

Question 13

The Supervisor in charge shall:

1. Determine if the search warrant is high risk in nature by completing the Search Warrant Request Checklist (P-394) Section 6 (Tactical information). If any of the items in Section 6 Tactical Information are answered “Yes”, the supervisor in charge will confer with a ____ supervisor to determine if the _____ team will serve the warrant.;

Answer 13

S.W.A.T.

Question 14

The Supervisor in charge shall:

2. Authorize and coordinate the execution of the warrant and ensure that a NINJAS (Narcotics Information Network Joint Agency System) _______ ______ has been completed and submitted at least two hours prior to the warrant being served;

Answer 14

de-confliction request

Question 15

The ________________ (NINJAS) 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. Officers needing NINJAS confirmation shall fill out the NINJAS submission form and submit it by fax (346-5149) or on-line (http://162.143.24.118) to the Northeast Florida Investigative Support Center.

Answer 15

Narcotics Information Network Joint Agency System

Question 16

The Supervisor in charge shall:

3. Complete an __________ and briefing that includes assignments for both entry and search procedures;

Answer 16

Operations Plan

Question 17

The Supervisor in charge shall:

4. Be ______ throughout the execution of the warrant;

Answer 17

present

Question 18

The Supervisor in charge shall:

5. Ensure, at a minimum, that ________ and/or ______ are taken prior to commencing the search and at the conclusion of the search;

Answer 18

photographs

video(s)

Question 19

The Supervisor in charge shall:

6. Determine how many ________ will be needed for the execution of the search warrant;

Answer 19

back-up officers

Question 20

The Supervisor in charge shall:

7. Hold a ______ prior to the execution of the warrant. The briefing shall include photographs and charts if possible;

Answer 20

briefing

Question 21

The Supervisor in charge shall:

8. Assign specific duties to involved officers ensuring _________ are noted in the case file, i.e. who searched what room;

Answer 21

assignments

Question 22

The Supervisor in charge shall:

9. Ensure that officers are aware of the Jacksonville Sheriff’s Office policy and procedures for response to resistance, including the use of ______ _______;

Answer 22

deadly force

Question 23

The Supervisor in charge shall:

10. Make arrangements for all necessary equipment, to include:

Answer 23

a. Authorized tactical vests and bullet proof vests;

b. Evidence envelopes, marking pens, booking sheets, etc.;

c. Sledge hammer, pry bar, and battering ram;

d. Cameras/video recorders and flashlights;

e. Drug test kits; and

f. Other items deemed necessary.

Question 24

The Supervisor in charge shall:

11. Ensure each officer involved is wearing approved _______;

Answer 24

body armor

Question 25

The Supervisor in charge shall:

12. Select and notify proper support personnel, if necessary _______________ etc.

Answer 25

(S.W.A.T. Team, Evidence Technician, K-9 Unit, Rescue, etc.);

Question 26

The Supervisor in charge shall:

13. Ensure the ________ of the premises is secured before entry; and

Answer 26

perimeter

Question 27

The Supervisor in charge shall:

14. Ensure that the ________ are secured at the conclusion of the search.

Answer 27

premises

Question 28

Prior to the service of any search warrant, the supervisor and officers shall, when possible:

Answer 28

1. Determine the number of persons present and their identities;

2. Determine if the occupants are armed;

3. Determine if children are present;

4. Check criminal histories when possible; and

5. Check for dogs or other animals and determine how they are to be handled.

Question 29

Except as provided in paragraph D, prior to entry during execution of the search warrant, officers will announce themselves as police officers, display their ______ and raid jackets or tactical vests, and advise that they have a search warrant for the premises.

Answer 29

badges

Question 30

Force may be used to enter the premises only after a wait of a ________ amount of time (the amount of time which lapsed shall be documented in the case file).

Answer 30

reasonable

Question 31

Force may also be used if, while waiting for the door to open, there is some indication that the occupants are taking flight, destroying evidence, or taking some action that may jeopardize the ______ of the officers and others.

Answer 31

safety

Question 32

Officers encountering person(s) outside the residence prior to serving the search warrant may ______ them until they have an opportunity to knock and announce.

Answer 32

secure

Question 33

It is not necessary for officers to announce their presence prior to entry if:

Answer 33

1. The person(s) within the premises already knows of and acknowledges the officers’ authority and purpose. Officers will ensure that their presence is recognized by person(s) within the premises;

2. The officers have a justifiable belief that a person or persons within the premises are in **imminent danger of bodily harm; **

3. Announcing the officers presence increases the danger to the officers; or

4. The officers have a justifiable belief that an escape from the residence or destruction of evidence will be attempted if the officers’ presence is announced.

a. Officers must have articulable knowledge that the risk of escape or destruction of evidence is imminent. This can be achieved through informant statements or previous knowledge or encounters with the person(s).

b. 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).

c. The mere fact that evidence can be easily destroyed is not enough to justify a no knock and announce entry. If officers believe this threat to be justified, they must seek verifying information.

Question 34

The following procedures shall be followed when a search is conducted:

Answer 34

1. Upon entry, a protective sweep shall be made of the entire premises;

2. Each occupant will be detained, searched, and brought into one secured room where an officer is assigned to remain with the subject(s) at all times;

3. An assigned lead officer will read the warrant to the occupant(s) and read Miranda rights to all **possible suspects; **

4. Supervisors will designate officers to search specific areas. A minimum of two officers will be assigned per room. Further assignments will be made after each room is searched. A complete list of assignments will be documented and maintained with the Operations Plan;

5. The lead officer will be summoned to record the location items are found and photograph items subject to seizure. The lead officer will maintain a list of evidence and note the officer that located the items;

6. Each article seized will be individually bagged, sealed and initialed by the lead officer; and

7. If any valuable articles, not subject to seizure, are encountered, officers will take reasonable measures to ensure the security of these articles.

Question 35

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 ________ at the scene, unless additional processing is needed. An Evidence Technician will be summoned if the situation calls for a more thorough processing. All photographs taken at the scene will be placed in the **search warrant case file. **

Answer 35

Supervisor

Question 36

Execution of a Search Warrant In Order to Obtain Biological Samples

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:

Answer 36

1. Coordinate and be present during the execution of the warrant;

2. Determine how many backup officers will be needed for the execution of the search warrant; and

3. Assign specific duties to involved officers ensuring that assignments are noted in the case file, i.e. who obtained the sample.

Question 37

Execution of a Search Warrant In Order to Obtain Biological Samples

The lead officer assigned to serve the warrant shall:

Answer 37

1. Read the warrant and Miranda Rights to the individual named in the warrant;

2. Ensure the evidence obtained is listed on the warrant; and

3. Mark or tag the evidence with their initials and date of collection.

Question 38

One officer (the lead officer, Evidence Technician, or other appropriate personnel) will take possession of all articles seized as evidence. The officer shall not release the items to other officers for transportation as this will unnecessarily extend the __________.

Answer 38

chain of custody

Question 39

All property seized will be listed on a property inventory sheet:

Answer 39

1. Each article will be described thoroughly and listed where it was found, and

2. A copy of the property inventory sheet shall be left with the person named in the warrant. If the person named in the warrant is not present, the property inventory sheet will be left with the person in charge of the premises. If no person is found on the premises the property inventory sheet should be left in a conspicuous place.

Question 40

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 initials and ID number. The sergeant will write “Search Warrant” on the outer bag, and provide their immediate contact information.

Answer 40

1. The sealed bag is to be opened by Property and Evidence Facility personnel only; and

2. If Property and Evidence Facility personnel receive a bag with a broken seal, the supervisor in charge shall respond and verify the contents.

Question 41

All property seized will be listed on a _______ ______ ____.

Answer 41

Property Storage Card (Form – 009).

Question 42

The inventory left at the scene, the return inventory for the judge and the property listed on all reports must be the same. The supervisor in charge shall verify compliance by ______ the inventory.

Answer 42

initialing

Question 43

One of the original signed search warrants must be left with the person named in the warrant. If the person named in the warrant is not present, the warrant will be left with the person in charge of the premise. If no one is present the warrant will be left in a ________ place at the premises subject to the warrant.

Answer 43

conspicuous

Question 44

The other original signed search warrant and inventory will be returned to a Judge for the Judge’s ______, and to convey the outcome of the search.

Answer 44

signature

Question 45

UNDER NO CIRCUMSTANCES SHALL AN OFFICER EVER KEEP AN ORIGINAL SIGNED SEARCH WARRANT THAT HAS BEEN ISSUED BY A _____.

Answer 45

** JUDGE**

Question 46

Executing law enforcement officers, will within ____ days 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 (Room 503 of the Duval County Courthouse, 330 E. Bay St.) for logging and filing with the Clerk of the Court. The SAO Felony Intake Department will file the original search warrant with the Clerk of the Court.

Answer 46

** ten (10)**

Question 47

If a warrant is served, contraband is found, and an arrest is made related to the warrant, officers will:

Answer 47

1. Obtain probable cause arrest files from SAO Intake; and

2. File the arrest cases with the filing attorney and leave a copy of the warrant in the original State Attorney warrant file.

Question 48

If a warrant is served, no contraband is found, but an arrest is made on charges unrelated to the warrant, officers will:

Answer 48

1. Obtain probable cause arrest files from SAO Intake; and

2. File the arrest case with the filing attorney and leave a copy of the warrant in the State Attorney file.

Question 49

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 _________. A detailed description of the circumstances regarding the search warrant will be detailed in the officer’s case notes and assignments of officers will be filed with the copy of the warrant.

Answer 49

Narcotics Unit

Question 50

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 __ days.

Answer 50

fifteen (15)

Question 51

If officers decide to refresh the probable cause and update the warrant, officers will return to ____ _____, request the original search warrant file, and return to that assigned division and attorney to have the warrant re-issued. If a warrant is not served in a timely manner and officers decide to let it lapse, the original signed warrants will be returned to the original SA file and officers shall maintain a copy in their case files.

Answer 51

SAO Intake

Question 52

A case file will be completed and maintained for every search warrant obtained by Sheriff’s Office personnel. The _________ Section will be the central depository for search warrants case files for the agency.

Answer 52

Narcotics/Vice

Question 53

The Narcotics/Vice Section shall maintain a database, which has the capability of tracking search warrants by the following:

Answer 53

1. Location;

2. Arrestee/Defendant;

3. Confidential Informant/Source; and

4. Target(s) of Pending Search Warrant.

Question 54

All completed search warrant case files (including the Search Warrant Request Checklist) involving Patrol will be delivered to and maintained by the ________ Section.

Answer 54

Narcotics/Vice

Question 55

All personnel will forward the search warrant case files to the Narcotics/Vice Section. Each completed case file shall contain copies of the following:

Answer 55

1. Original search warrant;

2. Affidavit;

3. Inventory;

4. Search Warrant Request Checklist;

5. Arrest reports (if an arrest is made); and

6. Operations plan with search assignment sheet.

Question 56

Each completed case file shall contain the ______________.

Answer 56

Search Warrant Case File Checklist (Form P-393).

Question 57

The completed case file from the Patrol Division and reports from the Investigations Division must be delivered to the Narcotics/Vice Section within ___ working days of the conclusion of the investigation, unless approved by an Assistant Division Chief or higher authority.

Answer 57

ten 10

Question 58

A completed copy of the case file involving Patrol Division personnel shall be maintained in the respective ____ office.

Answer 58

zone