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104.54 Narcotics Investigations and Immediate Entry Search Warrants

It is the policy of the Denver Police Department that any request for an immediate entry searchwarrant shall be limited to reasonable concerns for either:

(1) the safety of police officers, people whomay be in or near the area, and the potential suspects; or,

(2) the likelihood of destruction of evidence.To apply for an immediate entry search warrant, the affiant must conclude that there exists areasonable suspicion that knocking and announcing the presence of the police would be dangerous orfutile, or that it would inhibit effective investigation of the crime.

104.54 Narcotics Investigations and Immediate Entry Search Warrants

A warrant that does not require officers to make their presenceknown to the occupants of a building or residence prior to entry is?

Immediate Entry Search Warrant
104.54 Narcotics Investigations and Immediate Entry Search Warrants

A warrant that requires officers to first knock on the outer entranceand announce their identity and intentions prior to entering a building or residence. Officers arepermitted to forcibly enter if no response is received in a reasonable time or if there are indicationsthe occupants are:


1. Attempting to flee, or


2. Destroying evidence or contraband, or


3. Arming themselves

Knock and Announce Warrant
104.54 Narcotics Investigations and Immediate Entry Search Warrants

Narcotics detectives shall supervise the use of CIs


Any officer or detective not assigned to the Narcotics Bureau, who wishes to utilize a CI as aninvestigative tool for a search warrant for drugs, must contact?

the appropriate Narcoticsdetective liaison.
104.54 Narcotics Investigations and Immediate Entry Search Warrants Narcotics detectives shall supervise the use of CIs

The Narcotics detective must supervise who?

the officer and CI
104.54 Narcotics Investigations and Immediate Entry Search Warrants Narcotics detectives shall supervise the use of CIs

For controlled purchases or other direct investigation, the Narcotics detective must first:

approvethe investigation and be present while it is conducted.
104.54 Narcotics Investigations and Immediate Entry Search Warrants Narcotics detectives shall supervise the use of CIs

Who will assess pertinent factors to determinewhether an immediate entry or a knock and announce warrant is most appropriate??

The officer or detective and Narcotics detective
104.54 Narcotics Investigations and Immediate Entry Search Warrants Narcotics detectives shall supervise the use of CIs

Who shall be present for the execution of the search warrant?

The Narcotics detective and affiant
104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant -Safety -

An affiant must carefully evaluatethe potential danger to:

1. Police officers executing the search warrant

2. Others who may be in the area when the search warrant is executed


3. Occupants of the premises to be searched


4. Suspects

104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant -Safety -

Additionalo Considernations are:


Probability of Violence

a. The Criminal History of the intended target(s). The affiant must obtain a criminal history (NCIC, CCIC, and “Denver Rap Sheet”) for any intended target(s), and evaluate:


1. Prior arrest(s) for drug offenses (increasing the likelihood of destruction of evidence)


2. Pending Felony Case(s)


3. Prior arrest(s) for weapon offenses


4. Prior arrest(s) for violence (assaults, threats, etc.)


5. Prior arrest(s) for resistance or interference with police officers


6. Prior arrest(s) for domestic violence related crimes


7. arrest warrant(s) for escap

104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant -Safety -
Gang Affiliation

Mental Health


Ownership of Weapons

104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant

The Potential for the ???????? of Evidence

Destruction
104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant

Assessment of the Intended Target Location - The affiant must evaluate:

a. The likelihood of the destruction of the evidence as the officers attempt to make entryb. Potential threats and danger to neighbors, nearby businesses, and any schools in the areac. Whether the intended location is fortified. This may include the use of surveillanceequipment and the use of mail slots or drop boxes for transactions
104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant

Type of Drugs and Business

a. What is Being Sold? The affiant must consider and evaluate the potential for thedestruction of the drugs.

b. Type of Business - Sporadic relatively small quantity sales versus consistent heavy volumetraffic versus infrequent sales of larger quantities

104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant

Methods of Operation:

a. The use of lookouts

b. Product sales techniques


c. Presence of weapons. Use or ready availability of firearms at the targeted location

104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant - Procedure


Review and Approval - All immediate entry search warrants must be reviewed before presented toa Judge. Although the review process varies, at a minimum, for all officers below the rank ofLieutenant, the approval and signature of the immediate supervisor and a DA is required beforepresentation to the Judge.
104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant - Procedure

Any request for an immediate entry search warrant should clearly state that it is a request forimmediate entry. Any such request should include the following

a. On the first line of the first page of the affidavit, in the center of the page, in bold type andin capital letters: AFFIDAVIT IN SUPPORT OF IMMEDIATE ENTRY SEARCH WARRANT.

b. A final paragraph with the heading in bold type and in all capital letters: BASES FOR THEREQUEST FOR IMMEDIATE ENTRY SEARCH WARRANT.

104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant - Procedure

Officers/detectives NOT assigned to the Narcotics Bureau seeking an Immediate Entry SearchWarrant may apply through the following procedure.

When investigating a felony drug offense, requires:

a. Immediate supervisor review of the affidavit and search warrant.


b. The officer/detective and supervisor must then present a hard copy of the affidavit andwarrant to the appropriate Narcotics detective.


c. The assigned Narcotics detectives will review hard copies of the affidavit and searchwarrant.


d. After the signed approval of the immediate supervisor and the Narcotics detective, theofficer shall present hard copies of the affidavit and search warrant to a designated“Warrant DA.”


e. After the approval of the immediate supervisor, the Narcotics detective, and a “WarrantDA,” the affiant shall present the affidavit and search warrant to a Denver County CourtJudge.



104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant - Procedure

Detectives assigned to the Narcotics Bureau. Detectives investigating felony drug cases mustfollow the same procedure as set forth above, with the EXCEPTION that

they need not obtain theapproval of another Narcotics detective.
104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant - Procedure

Investigations other than Drug Cases seeking an Immediate Entry Search Warrant.


Officers investigating a felony case other than drugs should follow the same procedure as set forthabove, with the EXCEPTION

the officer need not obtain the approval of a Narcotics detective.Instead, the assistance and approval of a detective from the affected bureau must be obtained priorto submitting the application to the Warrant DA.
104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant - Procedure

Who shall execute ALL immediate entrysearch warrants.

METRO
104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant - Procedure

Any request for METRO to execute an immediate entry warrant should be made to a METROSergeant (or higher rank) no later than

eight (8) hours after judicial approval.
104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant - Procedure

METRO/SWAT


The level of participation METRO will have in theexecution of “knock and announce” search warrants will be determined by

the supervisor of theaffiant. METRO should serve as on-call experts. Officers are encouraged to contact METRO forassistance in executing this type of warrant.
104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant - Procedure Time Frame for Execution.

If an officer obtains approval for an immediate entry search warrant,that search warrant must be executed within

seventy-two (72) hours of judicial approval.
104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant -

If an extension is granted, an immediate entry search warrant shall be executedwithin

one hundred and twenty (120) hours of judicial approval
104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant -

To be granted an exception tothe seventy-two (72) hour execution rule, the affiant must obtain the approval of:

a. The supervisor who first approved the documents

b. Where applicable, the Narcotics detective (or immediate supervisor) who approved thedocuments


c. A commander of the rank of lieutenant, or higher


d. The same DA (or immediate supervisor) who approved the documents

104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant -

If an exception to the seventy-two (72) hour execution requirement hasbeen approved, a

a forty-eight (48) hour extension may be granted. If the immediate entrysearch warrant is not executed within the extension period (one hundred and twenty (120)hours from judicial authorization), then a new immediate entry affidavit and search warrantmust be obtained.
104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant -

Within seventy-two (72) hours of the execution of all immediate entrysearch warrants, the affiant must submit a

“After-Search Case File”. This report should be adetailed narrative accounting of the search process. Where the search warrant is NOT executed, awritten report shall be made explaining why the warrant was not executed.
104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant -

“After-Search” Case File.t, the followingdocuments are required:

a. The affidavit

b. The search warrant


c. The inventory and return


d. Any requests for extension


e. The “Metro/SWAT After-Search Report”


1. Contents. The report should include the following:


a. Target location address


b. Name of notifying party (usually the affiant)c. Date and time of notificationd. Special problems with target location (i.e., fortification, presence of children,elderly, etc.)e. All preparations during the time period between judicial approval of the searchwarrant and execution of the warrant


1. Examples of preparation should include surveillance, scouting method, andtactical preparation


f. Briefing time and location


g. Personnel involved in warrant execution


1. Supervisor(s)


2. Entry team and assignments


3. Perimeter team and assignments


h. A detailed narrative explaining what, if any, violence or injury (or the real potentialfor the same) occurred during execution of the immediate entry warrant


i. A description of the method of entry including the use of diversionary devices


j. Description of injuries to officers, suspects, or victims during the execution of thewarrant (detailed information will be noted on the Use of Force report)


k. The number of weapons found during the search, and location, proximity tooccupant(s), and availability of the weapons


2. Completion of the “Metro/SWAT After-Search Report” will replace the requirement tocomplete an “After Action Report,” DPD 286, and a Forced Entry Report.

104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant -

“Affiant After-Search Report”


Contents. The report should include the following

1. Contents. The report should include the following:

a. Location of target address


b. All preparation during the time period between judicial approval and execution of thewarrant


1. Examples of preparation should include additional investigation, surveillance, and anyextension of time that may have been obtained.


c. A listing of all occupants in the premises during the execution of the warrant, and what, if any, involvement these individuals may have had with the execution of the warrant and/orthe crime investigated


d. Identity of all persons arrested during the execution of the warrant


e. An analysis of whether the searched for items or other contraband were recovered


f. A description of any evidence or other contraband destroyed during execution of thewarrant

104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant - “Affiant After-Search Report” -Distribution of “After-Search Case File.
a. The detective’s criminal case file (discovery)b. The affiant’s immediate supervisor

1. And/or the supervisor who approved the affidavit and search warrant


c. Where applicable, the Narcotic’s detective who approved the affidavit and search warrant


d. The DA who approved the affidavit and search warrant


e. The Judge who authorized the search warrant


f. Captain of the Narcotic’s Bureau (who will keep records on all immediate entry searchwarrants for semi-annual reporting)


g. Captain of METRO/SWAT


h. Commander of the affected District


i. Civil Liability Bureau


j. Commander of the Major Crimes Division


k. Deputy Chief of Operations


l. Chief of Policem. Manager of Safety

104.54 Narcotics Investigations and Immediate Entry Search Warrants -Factors to support an Immediate Entry Search Warrant -

Semi-Annual Report The DPD will issue a semi-annual summary of immediate entry searchwarrants executed. The Chief of Police will issue this semi-annual written report, with input andcontributions from the Narcotics Bureau and Metro/SWAT.

1. Distribution - This report shall be distributed as follows:

2. The Mayor


3. The Manager of Safety (available to all DPD officers)


4. The Denver District Attorney


5. The Presiding Judge of the Denver County Court (available to all County Court Judges)


6. Available for public inspection

104.54 Narcotics Investigations and Immediate Entry Search Warrants- Immediate Entry Warrants from Outside Agenciesa. Officers or detectives from outside agencies who request assistance in executing an immediateentry search warrant must:
1. Have the original affidavit reviewed by a Denver “Warrant DA” who will note the approval bysigning, noting the date, time, and registration number on the affidavit

2. Present the affidavit and search warrant to a Metro/SWAT supervisor within eight (8) hours ofjudicial approval


3. Have the warrant executed by the Denver Police Department Metro/SWAT who will have totalcontrol over the tactical execution


4. Execute the warrant within seventy-two (72) hours of judicial approval, unless a forty-eight (48)hour extension is obtained pursuant to procedures outlined in this section


b. The After-Search Case File must be completed by Denver personnel and distributed per theprocedure noted above.