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35 Cards in this Set

  • Front
  • Back

Any search warrant that appears to be in proper form, is presumed to be________

Valid

Any warrant, which does not appear to be in proper form is:

Not executed, and is returned to the magistrate who issued it. This includes any warrant containing significant errors and identifying the place to be searched or property to be seized

A warrant is never:

Altered in any manner

An officer never represents to any person that a search warrant has been issued in a particular case:

Knowing such is not true, in order to obtain consent to search

During normal duty hours, the officer in charge, or the warrant execution supervisor assigned to that unit that do not routinely execute search warrants, must:

Notify the Investigations division unit which has investigative responsibility for the offense listed in the search warrant, so any active investigations are not compromised

When executing search warrants after normal business hours, the officer in charge, or the warrant execution supervisor assigned to that unit that do not routinely execute search warrants must:

Contact a supervisor from the street crimes unit, repeat defenders program, narcotics unit or night detectives for guidance and assistance

The officer in charge, or warrant execution supervisor must notify the Deconfliction Unit:

Prior to execution of the search warrant

When planning to execute a high rise, search warrant or where there is a probability forced entry will be needed to gain entry each member involved in the execution of a search warrant:

Wears body armor

Plain clothes officers will deconflict through HIDTA on the arrest And search warrants


Prior to executing a planned, felony, arrest or search warrant. The officer in charge will contact the South Texas. HIDTA investigative support center and provide all necessary information for Deconfliction process to take place information provided will include:

A physical address


Block number or intersection


Information on the suspect named in the arrest warrant, will include


First and last name


Date of birth


Race/sex


And when available secondary identifiers, such as Social Security number, drivers license number, FBI number, etc.


The information shall be provided as soon as available, practical and possible with as much forewarning as possible

A minimum________ hour advanced notice to the Deconfliction sinner is required for optimum, conflict resolution

Two hour advance notice

A search warrant is executed in accordance with code of Criminal procedure article 18.07. This article defines the time allowed for the execution of a search, warrant exclusive of the day of its issuance, and the day of its execution is.:

15 days if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples


3 whole days, if the warrant is issued for a purpose other than described

The time of the actual execution is determined based on the following considerations:

The execution should occur when the property to be seized is believed to be present


The execution should occur when the least resistance is expected, or when resistance can be controlled


Other such considerations of safety, success and convenience may be applicable, and


There are no time limits on the continuous search of a location once actual entry is made

A search warrant is executed at, and the search made of only the place or places described in the warrant:

The search may extend to all buildings or structures within the curtilage of the described place where the items sought may be kept


A warrant, describing the place to be searched as a limited portion of larger premises, may not be extended to other unnamed portions


Vehicles located upon multi unit dwelling premises are not searched, unless specifically named in the warrant

The search is limited to discovering those items named in the warrant and examining those places or things:

Which could contain, or conceal the items described in the warrant

Items described during a lawful search, but not named in the search warrant may be seized if:

They are found in a place reasonably within the scope of the search and


There is probable cause to believe they are stolen, or are evidence or instruments of a crime

Persons named in the search warrant are searched, and any person the officer developed reasonable suspicion to believe is armed, are frisked. Officers may search persons found on the premises to prevent the disposal or concealment of any instruments, articles, or things particularly described in the warrant:

If there is probable calls, the person may have such items upon his person

In determining whether probable cause exist officers consider:

The nature and physical characteristics of the item sought


The ease with which the item may be disposed of, if so concealed


The fact, if true, the item has not been located upon the premises, and


The relationship of the person to the premises, including ownership, residence, frequenter, and to those in control of the premises

Who ensures the warrant is carried to the scene and is exhibited to the person if any in charge of the premises:

Officer in charge

Persons, other than peace, officers, police, legal advisors and members of the district attorneys office are__________ to accompany officers, in the execution of a search warrant, unless approved in advance through the office of the chief of police

Not allowed

Entry into the premises is accomplished by the ________forceful means possible under the circumstances.

Least

Members of the San Antonio Police Department are prohibited from applying for, or participating in the service of no knock search warrant entries, when entering private premises, officers shall knock, announce their identity and demand admittance.:

They then wait a reasonable amount of time to be admitted, and explain their purpose if so requested

When circumstances exist that create a reasonable suspicion, the requirement to knock in announce with jeopardize, the safety and security of the officers or nearby citizens, the warrant execution supervisor shall be notified, and the execution of the search warrant shall be:

Delayed until such time officers can safely, perform the requirement to knock and announce their identity

After knocking and announcing their purpose, if officers are not granted admittance in a reasonable amount of time officers enter the premises by the most efficient means possible while inflicting as little damage as possible to the premises:

This may include breaking any door or window, but only if necessary

Whenever possible, upon entering a building, or premises, uniformed officers on site, and in Plainview to assist in locating and controlling the movement of all persons:

Necessary force may be used to secure the premises


An officer explains fully the reason for the officers presence, the nature of items sought and displays the warrant


As soon as the building has been secured, any Officer, who are no longer needed leave the area

When the premises has been secured, a searching team conducts the search, the searching team is composed of as few officers as his practical and may include members of the Security team:

Damage to the premises is minimized any structural damage or modification is carefully considered before being inflicted


The search is confined to places where the items sought could be concealed


Two officers should be assigned to search a single room or area if possible


A record is kept during the course of the search, as to which area has been examined, by whom the nature of any items seized, and where it was found


All items seized, are turned over to the evidence officer, along with the record of the search. The officer makes a property receipt for all items seized for the person from whom possession or control they were taken and completes The return of the warrant by attaching an inventory of the item, seized and delivering it to the magistrate. The inventory list may be used in Lou of the property receipt.


All items seized or handled in accordance with GM procedure, 606 impounding property

The officer in charge submits a written report, following the execution of the arrest warrant regardless of whether or not the search provided fruitful. The original is routed to the record section and a copy is routed to the unit commander. This includes.:

Damage to premises in gaining entry if any


Use of force in overcoming resistance, if any


Articles seized, including those not described in the warrant


How the damaged premises was secured upon departure, and


A list of all officers executing the search warrant

Before leaving the scene after executing, a search warrant, a designated officer, insures, the premises are adequately secured as well as possible:

Either by leaving them in the hands of a reasonable person or by locking all doors, windows, etc.

A second search is not permitted under the same warrant:

Once officers have left the premises

In cases of combined warrants, commanding both arrest and search, or where officers suspect, there may be arrest warrants outstanding they may require persons on the premises to identify themselves in order to determine whether any of those persons are named in the arrest warrant:

Person on the premises may be required to identify themselves if they are witnesses to the search or arrest

Should any contraband, or other item be found during the search, the presence of which yields probable cause to believe an offense has been committed officers may:

Arrest any or all of those persons in the premises, for whom probable cause to arrest exist

Should any person resist or interfere with the lawful actions of the officer during the execution of the search warrant:

That person may be arrested, and charged with the offense committed

There is no requirement in the law, that persons on the premises at the time of the search, identify themselves unless:

There is reasonable suspicion of some involvement in criminal activity, or the person is a witness

When executing, a planned, high wrist forced entry prior to assignment as an entry team, security team or search team member. The officer, Detective and supervisor will be provided training for specific duties assigned while executing. The search warrant the training will be conducted and will include at a minimum the following courses of instruction.:

Intelligence gathering


Building entries


Room clearing


Weapons handling


Breaching techniques


Shield handling


Evidence handling procedures

At a minimum training, Shall be conducted on a_________ basis to maintain proficiency in the above skills

Quarterly basis

The__________ Will be responsible for maintaining a record of all training

Unit Director