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SECTION: 1003 SEARCH WARRANT

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SECTION: 1003

TITLE:     SEARCH WARRANTS

EFFECTIVE DATE:  February 15, 2019

 

PURPOSE:

 

Search warrant requirements are governed by the 4th Amendment to the U.S. Constitution as well as Louisiana Criminal Code of Criminal Procedure Articles 161 through 167. This policy governs how the EPSO requires officers to conform to the applicable laws and the manner and content of the documents to be used.

 

POLICY STATEMENT:

 

The EPSO professionally conducts all searches and seizures and complies with all constitutional and statutory provisions when obtaining, executing, and returning on searches. A search warrant based upon credible, accurate and specific information should be obtained for all searches whenever there is time to do so and when there is any doubt about the necessity of obtaining a warrant. Deputies shall not use race, color, ethnicity, national origin, ancestry, creed, religion, gender, gender identity, sexual orientation, economic status, age, cultural group, disability, housing status, or affiliation with any other similar identifiable group in exercising discretion to conduct a warrantless search or to seek a search warrant, except as part of an actual and apparently credible description of a specific suspect or suspects in any criminal investigation.

 

DEFINITION:

 

Search Warrant: A court order that magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find.

 

No Knock Search Warrant: A search warrant authorizing police officers to enter certain premises without first knocking and announcing their presence or purpose prior to entering the premises. Such warrants are issued where an entry pursuant to the knock-and announce rule (ie. An announcement prior to entry) would lead to the destruction of the objects for which the police are searching or would compromise the safety of the police or another individual.

 

WARRANT DOCUMENTATION:

 

  1. Electronic versions of the search warrant forms to be utilized are found on the electronic warrant system. Members shall utilize their password to log in.

 

  1. The most current paper forms to be utilized in the event the electronic warrant system site is not functioning or Departmental computers are off-line are found in the case file.

 

  1. The instructions in this Order governing the completion of search warrants apply to both the electronic and the paper versions of the warrant forms.

 

  1. All supervisory members of the Department shall utilize the Warrant Log when recording the review and execution of search warrants.

 

  1. All search warrants, of any level, shall be consistent with the planning and after action-reporting requirements detailed in this Order.

 

WARRANT LOG

 

  1. The Evangeline Parish Sheriff's Office shall maintain a Warrant Log which will be kept by the Commanding Deputy of the Investigations Division. Each Detective shall document the following in the Warrant Log:

                                                                         

  1. Each search warrant;
  2. The case file (item number) where a copy of such warrant is maintained;
  3. The Deputy who applied for the search warrant;
  4. Each Supervisor who reviewed and approved or disapproved the application for a search warrants; and
  5. Documentation if disapproved, including why it was disapproved and what remedial actions, if any, were taken by the supervisor(disciplinary or training).

 

  1. A copy of each search warrant including warrant return, whether executed or not in addition to the copy for the case file, will be copied and place into a separate file. This file will be maintained by the commanding Deputy of the Investigations Division.

 

SEARCH WARRANT PREPARATION - DEPUTY'S RESPONSIBILITIES

 

  1. Search warrants for Criminal District Court shall be drafted in the electronic warrant system on an EPSO form. All forms shall be typed.

 

  1. Using the Application for Search Warrant and Search Warrant - ORDER OF SEARCH:
  2. The affiant/deputy shall provide an accurate and clear description of the reasons for the request for the search (i.e. probable cause). This will include:
  3. Specifics about the crime that was committed
  4. Information from the complaints, victims, witnesses that has a direct relationship for the search warrant.
  5. Informant information, if any, including information that goes to the credibility or lack thereof of the informant. If may also be appropriate take the informant directly before the judge for a judicial determination to establish credibility.
  6. Investigative findings that have a direct relationship to the search warrant.

 

  1. The affiant/deputy shall specifically and particularly describe the person or place to be searched.

 

  1. The affiant/deputy shall describe the person or things intended to be seized (items of possible evidence that are the purpose of the search).

 

  1. The affiant/deputy shall prepare an affidavit signed under oath and under penalty of perjury.

 

  1. The affiant shall provide the magistrate judge/judge with a truthful and complete affidavit that recites the evidence to establish probable cause.

 

  1. The affiant shall not omit from the application any material evidence or information known at the time it was presented that would violate the finding of probable cause.

Examples of this type of information are:

 

  1. Material facts impacting the credibility of an informant or witness.
  2. The bias of an informant or witness.
  3. Witness' observations of the crime that are contrary to the affidavit.
  4. Material evidence that would significantly undermine witnesses' and victims' identification of suspects.
  5. Material evidence that would undermine witnesses' and victims' statements of events.
  6. Material evidence that witnesses have identified persons other than the suspect as the perpetrator of the crime.
  7. Material evidence that a victim or witness has advised the suspect s not the perpetrator of the crime, including that the victim or witness has seen a line-up and advised the suspect is not perpetrator.
  8. The existence of material evidence pointing to another perpetrator.
  9. Material evidence that the suspect was not at the scene of the crime.
  10. The existence of material physical evidence or scientific testing that would contradict statements of facts in the application.

 

  1. The investigating Deputy shall present all search warrant documentation to a reviewing supervisor for approval prior to submission for judicial approval.

 

  1. Search warrants for State criminal charges shall be presented other or duty judge of Criminal District Court.

 

  1. Search Warrants shall be prepared and distributed as indicated on the forms.

 

  1. Search Warrants are required by statute (C.Cr.P. Art. 163) to be executed prior to the expiration of the tenth day after its issuance, or they become valid. The only exceptions is for search warrants under C.Cr.P.Art. 163.1 for the search of a person for body samples (e.g. DNA). These warrants are good for 180 days after their issuance.

 

  1. When the planned execution of a search warrant presents a possibility of injury to officers or others, the officer charged withy executing the warrant shall contact EMS and request EMS be available prior to executing a search warrant.

 

  1. The Warrant Return is to be executed with in one day after the execution of the search warrant or within one day of the expiration, by statue, of the search warrant if not executed.

 

OFFICER'S RESPONSIBILITES DURING AND AFTER WARRANT EXECUTION:

 

  1. Deputies shall not detain non-occupants present at the location where a search warrant is executed for longer than reasonably necessary to secure the area of determine whether they are occupants of the premises being searched, unless the Deputy has reasonable suspicion that the non-occupant is involved in a criminal activity or poses a danger to Deputy safety.

 

  1. It is the Deputy's responsibility to document the reasons non-occupants were detained and the duration in their incident report.

 

  1. Investigating Deputy shall list, in detail, all property seized in connection with the execution of the warrant in the space provided on warrant return.

 

  1. The investigating Deputy shall provide a receipt for items seized to the presumptive owner of the items or principal occupant of the structure searched or at the scene of the search if no owner/occupant is present (scene empty when searched). A copy of the receipt shall be made part of the incident report.

 

  1. All procedures governing the collection and preservation of evidence and chain of custody cutlined in GO Collection and Preservation of Evidence shall be followed.

 

  1. The name, sex, age, and address of each person arrested in connection with the execution of the warrant shall be listed on the Warrant Return (xxxx). All available information concerning wanted individuals arising out of the execution of the warrant shall also be listed on the Warrant Return.

 

  1. All search warrant documentation shall be completed and distributed even if the warrant is not subsequently executed after judicial approval or becomes invalid by not being executed within the time constraints or additional investigation has invalidated the basis of the warrant. In those instances when the warrant is not executed or becomes invalid, the investigating officer shall mark the Search Warrant "not executed" and shall distribute as indicated on Search Warrant-Order of Search. The reasons for the non-execution or invalidation of the warrant should be noted in the incident report.

 

SUPERVISOR REVIEW OF WARRANT APPLICATION

 

  1. Supervisors shall review each request for a search warrant, including each affidavit or declaration, before it is filed by a deputy in support of a warrant application for:

 

  1. Appropriateness;
  2. Leglity;
  3. Conformance with EPSO regulations;
  4. Request for approval for a no knock search warrant is properly documented.

 

  1. The supervisor shall assess the information contained in the warrant application and supporting document for authenticity including:

 

  1. Use of "boilerplate" or "pat" language;
  2. Ensuring the information is consistent; and detailed; and
  3. Probable cause has been established withing the document.

 

  1. The supervisor shall take appropriate action to address violations or deficiencies, including recommending non-disciplinary corrective action for the involved Deputy. The supervisor shall document corrective action in the Supervisor Feedback Log( see GO Non-Disciplinary Responses to Minor Violations) or initiating a formal disciplinary investigation (see GO Misconduct Intake and Complaint Investigation) and note the corrective action in the Compliance Log.

 

  1. The quality and accuracy of search warrants and supportive affidavits or declarations shall be taken into account in Deputy performance evaluations.

 

RISK DETERMINATION 

 

The determination of risk assessment of a particular search is made by the on-scene supervisor working with investigating officer. The risk assessment dictates who handles the warrant and the associated documentation requirements. Elements to consider and plan for include the following:

 

  1. The type of crime and the level of violence used during its commission.
  2. The extent to which the items to be seized are capable of being easily removed/moved/destroyed.
  3. History of subject(s) and premises where the warrant is to be served. Relevant questions include the following:
  4. The type of crime and the level of violence used during its commission.
  5. Significant drug violator (quantity and type of CDS)
  6. Subject on probation (for what) or parole
  7. Known drug/alcohol abuser (type of drug)?
  8. History of mental instability (especially acting out, violent delusional).
  9. Military or police background or training
  10. Know to possess weapons(type)
  11. Animals on premises which present a risk to officers
  12. Are there physical barriers or geography that need should be considered (fences, water, high traffic, density roads, other buildings presenting a barrier, or presence of by standers).
  13. Are cameras visible or known to be present?
  14. Are any other individuals, including children, elderly or handicapped persons, present or likely present?: (Consider executing at a different time to reduce risk/trauma).
  15. Is this part of an ongoing criminal enterprise that needs to be quickly interdicted?

 

LOW RISK SEARCH WARRANTS: The person, item, vehicle, structure is securely in police custody and control or the documentation/item subject to the warrant is in the custody of an organization or business in a stable, safe environment posing no threat. The scene must be stable and/or secured. Examples may include:

 

  1. A crime scene that has been completely secure and no suspect or persons other than police personnel are on the scene.
  2. The item or vehicle is secured, impounded or in custody.
  3. The structure is empty of persons or animals other than police personnel.
  4. Video from surveillance cameras at a business/residence.
  5. Business records from a company.
  6. Buccal swab only

 

MODERATE RISK SEARCH WARRANT:  Everything that is not classified as low-risk or high-risk. Supervisors shall consider the factors outlined in this policy when assessing the risk of executing a search warrant. If the reviewing supervisor has any concern about the risks associated with the execution of the warrant or there any questions whether the warrant is a high-risk warrant, they supervisor shall contact the Sheriff or his designee of the assessment, and inquire if Louisiana State Police or other CERT team should assist with the warrant. Examples of moderate-risk warrants may include:

 

  1. A search warrant for stolen TVs in an occupied house.
  2. A search warrant to collect evidence with DNA (other than a buccal swab) associated with a sex crime.

 

HIGH RISK SEARCH WARRANT:  Poses a significant safety risk and may require the expert planning, specialized equipment and execution by the Louisiana State Police or local CERT team to maximize safety and effectiveness. Warrants are determined to be high risk by evaluating the automatic high-risk factors or after discussion between the on-scene supervisor and the Louisiana State Police or CERT team supervisor. High-risk warrants should ONLY be executed by the Louisiana State Police or other agencies that have expertise and training in executing such warrants. The factors that automatically trigger the high-risk category include:

 

  1. The suspect is associated with a pap-military, terrorist, or violent extremist organization or an identifiable criminal gang.
  2. The suspect is known or believed to possess fully automatic weapons or explosives
  3. There are armed counter surveillance personnel present at the site
  4. The site is known or believed to be booby-trapped.

 

NO KNOCK SEARCH WARRANTS:  

 

  1. The Evangeline Parish Sheriff's Office shall only apply for a "no knock" search warrant when risk determinations have been considered and are applicable.
  2. All applications for search warrants requesting a no knock provision will be approved by the authorizing judge.
  3. The provisions for the need for a no knock search warrant will be included in the warrant affidavit.
  4. Deputies will not seek a no knock search warrant automatically and without supervisory approval.

SUPERVISOR'S RESPONSIBILITY ON SCENE:

 

  1. Supervisory responsibility on the scene of all executed search warrants shall be as follows:

 

  1. A ranking Deputy from the Investigating Deputy's chain of command shall be responsible for on-scene supervision during the execution of a search warrant other than a low risk search warrant.
  2. Prior to executing a search warrant other than a low risk search warrant, the supervisor shall meet with the investigating Deputy(s) to assess probable cause factors which led to the issuance of the warrant; confirm the target location, coordinate entry strategy, and assist in developing an operational plan for execution of the warrant by considering and planning for the types of risk factors listed in this policy, as well as assessing the need or additional or specialized resources.
  3. Be present for the execution of the search warrant and ensure adequate Law Enforcement resources are present to meet the needs identified in the operational planning, including crisis scenarios.

 

  1. For High Risk Searches, the supervisor shall:

 

  1. Work closely with the Louisiana State Police (LSP) or other specially trained agency in the coordination of the search warrant. Once LSP arrives on the scene and notifies the supervisor, Evangeline Parish Sheriff Office will coordinate and plan with LSP/Assisting Agency on operational command until the scene is secured and turned back over to the Evangeline Parish Sheriff's Office. The supervisor is responsible to ensure operational support to LSP and proper documentation is received. The supervisor will then coordinate efforts to conduct the search for items listed on the warrant.

 

  1. Make sure that proper documentation is maintained and an after action report is provided by the assisting agency at a later time.

 

SEARCH WARRANT RETURN:

 

  1. All search warrants, whether executed or not, must be returned to the issuing court.
  2. The investigating Deputy will complete a search warrant return and provide a copy for the case file and search warrant log. The search warrant returns to be executed within one day after the execution of the search warrant or within one day of the expiration, by statue, of the search warrant if not executed.
  3. All items seized on the search warrant must be listed on the return.
  4. The commanding Deputy of the Investigations Division is responsible to ensure that all proper documentation has been completed.