Read D-34.200 Executing Search Warrants text version

CHANDLER POLICE DEPARTMENT GENERAL ORDERS

Serving with Courage, Pride, and Dedication

Order

D-34 SEARCH WARRANTS

Subject Effective

200 Executing Search Warrants

01/25/07

A. PRIOR ACTIVITIES 1. IF THE LOCATION IS UNSECURED where the warrant will be executed, you may initiate a surveillance 2. ADVISE YOUR SUPERVISOR prior to serving a warrant 3. SERVE ALL WARRANTS BETWEEN 0630 AND 2200 HOURS unless specifically authorized for nighttime service a. If good cause exists for a nighttime search warrant, include this information in the affidavit and request execution any time of the day or night b. If not authorized, serve all warrants as above, with a reasonable safety margin (i.e., approximately 0715 - 2145) 4. COMPLETE AND SCORE A THREAT ASSESSMENT and a search warrant operations plan prior to serving a warrant a. Use the score to determine which method of warrant service is appropriate b. Make the assessment available to the participating personnel c. Use properly trained personnel to serve warrants requiring the expeditious entry and/or expedient movement through the location to prevent destruction of evidence or detention of subjects d. Have the SAU commander assess entry for all warrants with moderately high to high-risk assessments B. BRIEFING COMPLETE A BRIEFING prior to every search warrant with all personnel involved in the execution of the search warrant, including: 1. All personnel needed based on entry difficulty and threat level 2. At least one officer will have done, or will do, a drive-by of the location where the search warrant is to be executed 3. Display drawings of the exterior and interior, if known, of the building to be entered for all officers executing the search warrant to see 4. Assign each officer a specific job at a particular location to avoid confusion at the time of the warrant execution. Ask each one to repeat the assignment to ensure understanding of role. 5. Advise officers during the briefing which radio channel will be used for the operation 6. Notify the Communications Center of the location and purpose shortly before execution of the warrant 7. Tell all participating officers where to meet before leaving for the location 8. Advise all participating officers of any known hazards, probable number of persons inside the location, if there are any known children inside the location, any known weapons, and any other information of consequence

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CPD GO D-34.200 Page 2

9. Whenever possible, retain all briefing notes and a photo or printout of the blackboard in the case file C. STAGING

[41.3.6]

ALL PARTICIPATING PERSONNEL

1. MEET AT THE DESIGNATED LOCATION and leave for the search warrant site together. The officer who has done the drive-by will drive the lead car, and all vehicles will stay together unless otherwise assigned by the supervisor in charge. 2. SHOULD BE IDENTIFIED BY POLICE APPAREL such as the raid jacket or blue tee shirt and displaying the word, "Police" 3. WEAR BALLISTICS VESTS (See General Order D-01.200L)

D. THE ENTRANCE MEET ARS 13-3916 AND CHANDLER POLICE DEPARTMENT RULES AND PROCEDURES 1. Should not use the surveillance officer originally sent to the scene on the entrance team if he was not present at the briefing 2. Tape record the entrance, if possible, to accurately document the procedure used 3. The officer serving the search warrant on a building must knock on the door and announce "Police Officer, Search Warrant." Also use Spanish if Spanish-speaking people are believed to be in the building. 4. If there is no response after a reasonable time, you may force entrance through a door, window, or any part of the building to gain a. If force is required to gain entry, document and photograph any damage caused by officers b. Make every effort to avoid damaging property and minimize damage c. Advise the on-scene supervisor of any damage when practical E. SECURING THE SCENE 1. IMMEDIATE ACTIONS Rev a. Make a protective sweep b. Frisk all persons in the location and take persons to a central location c. Try to learn which people are the residents and/or person(s) named on the search warrant d. Detention is allowed for the period of time needed to complete the investigation 2. THEN, ALLOW ALL THE FOLLOWING PERSONS to leave: a. Those not arrested b. Those not named in the search warrant c. Those not residents of the location

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CPD GO D-34.200 Page 3

F. EXECUTING A SEARCH WARRANT 1. MAY SEIZE CONTRABAND ITEMS WITH PROBABLE CAUSE to believe items are stolen even though such property is not named in the search warrant, but only if they found in the course of a proper search under the warrant (i.e., a warrant for a stolen television set would not justify the seizure of cocaine found in a women's purse; but a warrant for heroin would justify the seizure of the same cocaine) 2. MAY SEIZE INSTRUMENTALITIES OF A CRIME or items that are evidence, including drug paraphernalia, rent receipts, etc. G. DOCUMENTING EVIDENCE THE DESIGNATED "FINDER" AND "PAD PERSON" will record the following information on the Seized Property - Description form during service: 1. 2. 3. 4. 5 6. H. ASSISTING ANOTHER AGENCY 1. Date Entrance time Location of items seized Offense report number Description of items seized Time the search was ended

CHANDLER POLICE DEPARTMENT WILL ASSIST other departments in the service of search warrants within Chandler's city limits whenever possible

2. REFER REQUESTS from other agencies to the supervisor of the related investigative unit a. Do not participate in the initial entry of another agency's warrant unless a supervisor from the Chandler Police Department is present b. If no supervisor is available, wait until entry has been made and the scene secured by officers of the other agency to enter and participate in the search or subsequent investigation c. The supervisor of the agency executing the search warrant is responsible for all notifications, warrant information review, warrant conduct and security, appropriate memos, cassette tape recordings, and other tactical or administrative details regarding the operation d. Uniformed patrol supervisors and officers will be used as situations dictate but will be returned to their regular duty assignments as soon as practical e. Detectives required to further the investigative process may enter the scene without imprinted jacket, vest, or cap after the on-site supervisor has declared the scene secure and has authorized entry 3. PLAINCLOTHES OFFICERS IN INTERAGENCY OPERATION Inter-agency briefing is required for a search warrant with tactical entry involving plainclothes officers from another agency prior to execution:

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a. Include onsite supervisors from all involved agencies to meet to discuss assignments, provide for appropriate notifications, and ensure that all plainclothes detectives involved will be wearing adequate apparel for immediate recognition as police officers b. If the other agency's tactical event plan does not meet the reasonable expectations or requirements of departmental policy, the departmental supervisor will inform the other agency and will not allow further involvement by Chandler Police Department personnel until the inadequacies are corrected. Consider: 1) Adequate staffing 2) Adequate current knowledge of the structure and occupants 3) Other safety concerns 4) Plainclothes officer recognition 5) The presence of an agency supervisor on site c. Hold a group assembly of involved personnel to promote recognition between participants

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