Loading...
HomeMy WebLinkAboutSEARCH WARR 13.3A TEQUESTA POLICE DEPARTMENT GENERAL ORDER TITLE: SEARCH WARRANTS GENERAL ORDER: 13.3A EFFECTIVE: April 12, 2000 REVISES: G.O. 13.3 ACCREDITATION STANDARDS: CFA 18.13 PAGES: 8 CONTENTS: This order consists of the following numbered sections: I. INVESTIGATION AND PREPARATION II. DRAFTING THE AFFIDAVIT AND WARRANT III. DEPLOYMENT AND ASSIGNMENT OF TASKS IV. SERVICE OF THE SEARCH WARRANT V. AFTER ACTION PURPOSE: To establish guidelines for the planning of the warrant application and execution of search warrants. SCOPE: This order applies to all law enforcement officers. DISCUSSION: The successful prosecution of violators often depends upon the use of court-authorized search warrants. These warrants will be executed in accordance with federal and state law in expectation of scrutiny by the trial courts. It is important to realize that a court-authorized search warrant temporarily allows for the intrusion by police officers into otherwise private areas. Execution of a search warrant is one of the more dangerous aspects of law enforcement work as it involves entry, sometimes a forced entry, into a residence or other location. The responsibilities of each member and the methods of entry must be planned carefully. POLICY: Search warrants will be prepared and executed in conformance to law and this order. PROCEDURE: I. INVESTIGATION AND PREPARATION: A.Establishing Probable Cause: To obtain a search warrant, the officer must present a judge with sufficient information to constitute probable cause to believe that an offense has been or is being committed at a specific location. The information may include, but is not limited to, the following: 1. Observations of illegal activity at a specific location. G.O. 13.3A 2. The details of the purchase of a controlled substance, stolen property, or other contraband from a specific location. 3. Reliable information from a credible informant, determined to be reliable by the following criteria: a. The informant has supplied accurate information in the past and/or; b. The officer can corroborate the informant’s information with sufficient details, and/or; c. The informant provided the information under oath against his own interest. B. Intelligence Gathering: The officer (affiant) seeking the search warrant is responsible for gathering all available information for the warrant application. The officer will: 1. Provide the supervisor in charge of the investigation with all available information. \[CFA 18.13 B\] 2. Confirm that any confidential informant(s), who have provided information for the investigation, are properly documented. 3. Attempt to identify the suspect(s) and obtain a complete description of all individuals who may occupy the premises to be searched. This should include “innocent parties,” such as infants or elderly persons. Photographs of the suspects should be obtained, if available. 4. Perform a criminal history and warrants check on the known occupants, when possible. 5. Obtain and confirm the legal address along with a detailed description of the location. 6. Perform an agency records check for any reported incidents at that location. 7. Obtain an accurate description of the interior of the structure to be searched. This should include the location of entry and exit points, and the most likely escape routes. 8. Obtain a description of the locking mechanisms used on the doors and windows, which direction the doors open, and whether there are any bars on the windows or doors. 9. Describe any weapons believed to be on the premises to be searched. 10. Identify any obstacles in the yard to include, but not be limited to, fences, swimming pools, clotheslines, swing sets, and pets. 11. Obtain information on neighboring residences or structures to determine precautions necessary to protect occupants or to prevent interference in operation. 12. Document the dates, times, and names of all personnel assisting in the investigation. II. DRAFTING THE AFFIDAVIT AND WARRANT: \[CFA 18.13 A\] A. Affidavit: The officer may request the assistance of an Assistant State Attorney when drafting a search warrant, when needed. The affidavit must include: 1. A detailed description of the dwelling, structure, or conveyance to be searched. This includes, but is not limited to: the name and street address, type and color of structure(s), window and door locations, and other identifying features of the location and curtilage. 2 G.O. 13.3A 2. A photograph of the dwelling, structure, or conveyance to be searched, if possible. 3. The Florida Statute violated, i.e., 893.135 (1) (b), Trafficking in Cocaine. 4. A detailed chronology of the events that support the application for the search warrant. This includes any information that constitutes probable cause and will include, but is not limited to, the following: a. Sworn statements from witnesses. b. Plain view observations. c. Prior purchases made from the location. d. Positive results from issued Reagent test kits when the purchases involved controlled substances. e. Information from a confidential informant with proven credibility. f. Corroborating intelligence or past history information. g. Corroborating statements of arrested subjects. h. Signature spaces for the affiant(s) that will be attesting to the facts. The affiant(s) names are to be typed in the appropriate spaces. B. Warrant: The warrant must include the following: 1. Specific wording that commands the Chief or his officers to conduct the search, either in the day or night time and any day of the week including Sunday, with proper and necessary assistance. 2. A list of any items of evidentiary value suspected of being at the location at the time of the search. 3. A signature space for the judge. C. Signing and Distribution of Search Warrant and Affidavit: \[CFA 18.13 B\] 1. Upon locating a judge, the affiant will then be placed under oath and will sign the affidavit. If the judge finds that probable cause exists, he will sign both the original and the true copies of the warrant. 2. A true copy of the entire search warrant will be left with the defendant, or at the search location if the defendant is unavailable. 3. The originals of the search warrant and affidavit must be delivered to the Clerk of the Court within three working days of the search. Unserved search warrants must also be delivered to the Clerk of the Court. \[CFA 18.13 E\] 4. Photocopies of the warrant will be made for the State Attorney’s Office and the case file. III. DEPLOYMENT AND ASSIGNMENT OF TASKS: When the premises or conveyance to be searched is already secured and in the custody and control of a law enforcement officer, or the search warrant has been secured to seize business records or files, the supervisor in charge of the investigation will be responsible for the 3 G.O. 13.3A deployment and assignment of tasks. In all other circumstances, the service of a search warrant at a premise will be considered a special assignment and the following guidelines apply: A. Supervisor Responsibilities: The supervisor in charge of the detail will accomplish the following tasks: 1. Formulate a course of action to include: a. Determining total manpower and support requirements. b. Determining positioning and responsibilities of personnel. c. Identifying approach routes. d. Identifying primary and secondary entry points. e. Identifying the need for special equipment, or weapons. g. Consideration of special problems. 2. Conduct a pre-operation briefing in which individual and team assignments are specified. During the briefing the following objectives will be accomplished: a. A diagram of the premises to be searched will be utilized to designate positions and personnel assignments. This diagram will be submitted as a supplement to the report. b. Photographs of the premises and known occupants will be utilized to brief personnel, when available. c. All personnel who will participate in the service of the warrant operation should be present at the briefing. 3. Issue specialized equipment as required. 4. Notify Tequesta Fire/Rescue to dispatch an ambulance to a designated location to standby during the service of the warrant, when appropriate. 5. Deploy personnel to survey the area before the service of the warrant. 6. Immediately after the service of the warrant commences, notify the Communications Division of the location of the premises and approximate time of service, and the status of the execution of the search warrant after entry. B. Team Designations and Responsibilities: Personnel assigned to the detail will be deployed by the supervisor in charge to perform specified tasks or to be part of one of the following teams: 1. Entry Team: The entry team is responsible for gaining entry to the premises to be searched; to search the premises for persons; to prevent the destruction or disposal of evidence; and initially to secure the premises and persons. a. An entry team leader will be designated by the supervisor in charge. 4 G.O. 13.3A b. All entry team members will wear protective body armor or other authorized uniform clothing that clearly identifies team members as police officers, except when specialized circumstances dictate an entry by personnel in plainclothes or other attire. 2. Inner Perimeter Team: The inner perimeter team is responsible for containing and securing the exterior of the structure or premises to be searched; for preventing persons from escaping; and for denying unauthorized access to the scene. a. The inner perimeter team will maintain their positions until the structure or premises has been secured by the entry team. b. All inner perimeter team members will wear protective body armor or other authorized uniformed clothing that clearly identifies team members as police officers. 3. Outer Perimeter Team: In some instances deploying an outer perimeter team to provide crowd and/or traffic control may be necessary, and protection and security of Police Department vehicles. The outer perimeter team may comprise uniformed patrol officers. If an outer perimeter team is not deployed, the inner perimeter team will assume the responsibilities of the outer perimeter team. 4. Warrant Service Team: The warrant service team is responsible for executing the search warrant document; searching the structure or premises for evidence; properly securing, packaging, and transporting any evidence discovered at the scene; arresting the subjects named in the warrant; and arresting any other persons found violating the law as a result of probable cause established during the execution of the warrant. a. The search warrant affiant will be assigned to the warrant service team unless specifically exempted by the supervisor in charge. b. At the direction of the supervisor in charge, and upon completion of their initial tasks, personnel from the other described teams can be assigned to the warrant service team. 5.Uniformed Officer Presence: At least one uniformed officer and a marked patrol vehicle will be present at all search warrants. a. Uniformed officers assigned to the detail should be deployed with the inner or outer perimeter teams. b. Uniformed officers will be released to their regular duties as soon as practical. IV. SERVICE OF THE SEARCH WARRANT: The following procedures may not apply to all search warrants, but the actions taken should be based on the immediate circumstances at the time of service: \[CFA 18.13 C\] A. Containment Phase: During the containment phase, perimeters will be established to encompass and secure the exterior of the premises. Personnel should be deployed with consideration to the following: 1. Outer Perimeter Team: a. Use cover and concealment. b. Avoid premature or obvious deployment to prevent alerting occupants of the premises to be searched. 5 G.O. 13.3A c. Establish a perimeter to prevent access to the scene by unauthorized persons. d. Weapons should be holstered unless circumstances justify weapons be displayed. 2. Inner Perimeter Team: a. Use cover and concealment. b. Avoid crossfire positions. c. Secure suspects discovered on the exterior of the premises. d. Cover and contain potential escape routes. e. Weapons may be drawn, and safely carried in compliance with Police Department policies and procedures. 3. Entry Team: a. Approach the entry point using maximum cover and concealment. b. Weapons may be drawn and carried in a safe manner and in compliance with Police Department policies and procedures. B. Entry and Service Phase: During this phase, personnel should perform their tasks with consideration to the following: \[CFA 18.13 C\] 1. Under no circumstances will perimeter personnel discharge a firearm toward or into the premises unless there is an imminent threat of death or serious bodily injury to themselves or others, and there is clearly no other recourse. 2. Perimeter personnel will not rush or enter the premises to be searched unless authorized by the supervisor in charge of the detail or the entry team leader. 3. Outer Perimeter Team: a. Establish crowd/traffic control as necessary. b. Assist in apprehending persons fleeing the scene. c. Maintain the perimeter position until properly relieved. 4. Inner Perimeter Team: a. Cover and contain potential escape routes. b. Apprehend persons who attempt to flee the premises unless pursuit would leave the perimeter unsecured. c. Maintain the perimeter position until properly relieved. 6 G.O. 13.3A 5. Entry Team: a. Unless a “no knock” entry is authorized, the entry team will knock and announce their purpose and identify themselves as law enforcement officers before entering the structure or premises to be searched. b. Enter the premises using necessary means and systematically search the premises for occupants in the most efficient and expedient manner possible to prevent the escape of occupants, maintain safety for the officers, and prevent the destruction of evidence. \[CFA 18.13D\] c. Persons who escape or flee from the premises will not be pursued outside the building or structure by entry team members unless exigent circumstances exist. Perimeter team members will be responsible for apprehending these subjects. d. After all occupants are located and rendered safe and the premises are established, the entry team leader will notify the supervisor in charge of the detail that the premises are secure. 6. Warrant Service Team: After receiving notification that the premises are secure, the supervisor in charge will instruct the warrant service team to enter the premises and execute the warrant. The supervisor in charge will release Fire/Rescue from its standby status. The warrant service team will be responsible for the following:\] \[CFA 18.13D a. To read aloud the entire warrant before searching the premises, if the premises is occupied by a competent person. b. To systematically search the premises for the items named in the warrant. The scope of each search should be limited to those areas where the objects could legitimately be concealed. (“Elephant in a Match Box rule”) c. To properly document all property seized. d. To photograph and process all property seized. e. To arrest person(s) found violating the law as a result of probable cause established during the execution of the warrant. f. To leave a full copy of the search warrant and a list of all items seized at the premises. g. To prepare a property receipt that duplicates the search warrant inventory. h. To prepare an incident report with a copy of the search warrant attached. V. AFTER ACTION: A. The supervisor in charge will ensure that all incident reports and required supplements are completed. B. The affiant will return the search warrant to the Clerk of the Court as prescribed by Florida law. \[CFA 18.13 E\] C. Dependent on the instructions of the judge who signed the warrant, the affiant will notify the judge of the warrant service, and will present all items seized during the search warrant for review. 7 G.O. 13.3A INDEXING: AFFIDAVIT FOR SEARCH WARRANT SEARCH WARRANTS DRAFTED: RLG/April 12, 2000/Filed: Srchwr13.3A APPROVED: Pete Pitocchelli, Chief DATE: November 05, 2011 Tequesta, Florida 8