Execution of Search Warrant Flashcards Preview

Exam 5 > Execution of Search Warrant > Flashcards

Flashcards in Execution of Search Warrant Deck (30)
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1
Q

What are the 5 essential elements in executing a search warrant?

A
Safety
Legality
Surprise
Speed
Simplicity
2
Q

What is the most important element when executing a search warrant?

A

Safety

3
Q

What is the safety element when executing a search warrant?

A

The lead is responsible for ensuring safe execution of the warrant. Proper planning and coordination alleviates dangers.

4
Q

Which element is responsible for ensuring safe execution of the warrant?

A

Safety.

5
Q

What is the legality element?

A

Execution of a search and seizure warrant must be performed in a manner that is legally correct.

6
Q

What happens if the search and seizure are not legally correct?

A

TROUBLE!!!! Broke..

The evidence will be suppressed and officers may find themselves defendants in criminal or civil proceedings.

7
Q

What is the surprise element?

A

Search and Seizure warrants will show a higher rate of success if they are executed in a manner that surprises the occupants.

8
Q

What is the speed element?

A

Approach and entry upon the premises to be searched must be made quickly to ensure safety and surprise.

9
Q

Why is the speed element important?

A

To prevent possible resistance and the destruction of contraband and/or evidence.

10
Q

What is the simplicity element?

A

Search and Seizure warrant should be executed in a simple way. Preparation will allow the search and seizure warrant to be simple.

11
Q

What is the pre-search and seizure warrant briefing?

A

Once the warrant plan has been established, it must be presented to the warrant team. This is a Verbal briefing by the team leader in the presence of all team members.

12
Q

Who can participate in the warrant execution?

A

Only those at the briefing.

13
Q

Should selection of search and seizure warrant team members be based on rank?

A

NOPE! should be based on experience and ability.

14
Q

Whats a reason for using state or local officers?

A

Uniformed officer and the marked car can be utilized for identification, crowd control, and traffic control.

15
Q

When will equipment needs for the search and seizure warrant be usually determined?

A

By the pre-search and seizure warrant investigation,

16
Q

Should a post-warrant evaluation be scheduled?

A

Yes, should be done at the pre-brief.

17
Q

Can you still execute the warrant if no one is present?

A

Si.

18
Q

What should be left/done at the place where the search warrant was executed?

A

Secure the building and leave an inventoried copy of the search and seizure warrant in a conspicuous place.

19
Q

What must cover officers also think about?

A

Their own safety, using existing cover protection and trying to position themselves to attract minimal attention from neighbors.

20
Q

How should searching be done when clearing and searching for evidence?

A

in PAIRS.

21
Q

How should a room be searched?

A

Physically search in a clockwise/ counterclockwise method.

22
Q

What does the clockwise/counterclockwise method ensure?

A

Assures that the room is searched twice by two different officers.

23
Q

What should you do prior to removing an item?

A

Photograph it in place if possible.
Tag item for identification
Secure to appropriate procedures.

24
Q

If the owner request to see the warrant what should you do?

A

May prefer to wait and show the search and seizure warrant after the area has been secured.

25
Q

Does the warrant become invalidated if the occupant destroys or throws the warrant away?

A

NOPE!

26
Q

Does executing a search and seizure warrant bestow authority to arrest?

A

NO! You have to have PC that the individual committed a crime.

27
Q

How should an arrest be done during a search and seizure?

A

Two officers at least, preferably in a manner that will not alert the individual ahead of time.

28
Q

If destruction of property is necessary in order to gain entry or conduct a search, what amount should be used and what else should you do?

A

The amount necessary and reasonable.

Always try to photograph before and after the destruction. (Very important if occupants were not present)

29
Q

What should you do if an officer is accused of stealing an article?

A

Advise the accuser that the accusation will be investigated and promptly reported the incident to supervisors not involved in the search to perform the investigation.

30
Q

When should the post-search and seizure be held?

A

Shortly after the conclusion of the execution of the search and seizure warrant.