OPERATIONORDERS Search Warrants/Buy-Bust Operations · Search Warrants/Buy-Bust Operations ......

SIS 4420

OPERATION ORDERS

Chapter

SPECIAL INVESTIGATION SECTION

Subject

Search Warrants/Buy-Bust Operations

of 13 Effective 9/23/94 Revised 8/09

PURPOSE[43.1.5] To provide direction to SIS personnel regarding developing, documenting, and

serving search warrants. Search warrants are routinely used in illegal drug offense investigations. Detectives are expected to demonstrate expertise when using this investigative tool.

SUPERVISOR CHECKLIST forSEARCH WARRANTS BEFORE BRIEFING

1. Proofread the affidavit and warrant for accuracy and sufficiency.

2. Obtain scouting information from the case officer.

3. Obtain background information on known residents, suspects,and associates.

DURING BRIEFING1. Ensure sufficient staffing is available.

2. Ensure personnel participating in the warrant are briefed.

3. Ensure each participant receives an operations plan.

4. Designate a Recorder and Finder.

5. Make additional specific assignments as needed: Breacher for entry. Coverage for rear exits. Order of entry.

6. Identify special hazards: Weapons. Dogs. Hazardous chemicals – Solicit assistance from the

Department of Public Safety Clandestine Laboratory Team, the Drug Enforcement Administration, and the Fire Department if the site is a suspected drug lab.

7. Make required notifications: Concerned watch commander. Communications supervisor as soon as practical before

serving the warrant to include: Approximate service time.

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SIS 4420 Search Warrants/Buy-Bust Operations

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Service location of the warrant. Pertinent information and nature of the warrant such

as narcotics or property. Selected talkgroup and whether monitoring is

requested. Conclusion of the event.

8. Identify a staging point, if necessary.

9. Location surveillance before service: Note if additional persons are present. Note if the suspect is home.

10. Arrange for uniformed personnel to attend the briefing.

ENTRY1. Ensure the tape recorder is operating to record the entry.

2. Ensure personnel participating in the entry are wearing protective vests and appropriate raid equipment.

AFTER ARREST1. Ensure seizure forms are properly filled out and served.

2. Ensure property receipts and a copy of the search warrant are left on the premises or given to the defendant.

3. Account for all police equipment.

4. Ensure the premises are secured or turned over to a responsible party.

5. Ensure photographs are taken of any damage and it is detailed in the DR.

6. Conduct a critique of the operation with participating personnel.

7. Make an entry into the Significant Incident Report, if applicable.

8. Make necessary personnel notifications, if unusual circumstances exist.

BUY-BUST or REVERSAL NOTIFICATIONS OPERATIONS SUPERVISOR

1. When department personnel are involved in a buy-bust or reversal investigation within the City of Scottsdale, notify the Communications supervisor as soon as the location and approximate time of occurrence is determined.

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2. Notify the appropriate watch commander and Communications of the information listed in SUPERVISOR CHECKLIST for SEARCH WARRANTS/DURING BRIEFING above.

SIS SUPERVISOR – Ensure the MADCAP Hotline has been contacted to verify another law enforcement agency is not involved.

COMMUNICATIONS is notified of the time the buy-bust or the reversal is completed or canceled.

SEARCH WARRANTPROCEDURE ARIZONA REVISED STATUTES – Familiarize yourself with the

appropriate statutes covering search warrants, particularly, ARS 13-3911/Definition through 13-3942/Delivery of Unclaimed Stolen or Embezzled Property to County Sheriff and current case law.

PROBABLE CAUSE – Document all available information supporting probable cause in the affidavit. If information from an informant is used as a basis for probable cause and it is desired to keep the informant confidential, address the following in the affidavit:

1. The informant must have obtained the information through personal knowledge, usually though observation.

a. Generally, an informant must have personally seen the contraband or evidence in the place to be searched or on the person of the suspect in order for this criterion to be met.

b. The affidavit must state when the informant acquired this knowledge and when the informant reported this knowledge. The information must be fresh enough to lead a reviewing Magistrate to believe the contraband or evidence is still in the described location.

A delay of 48 hours or less usually is enough to screen an informant’s identity, yet leave the information fresh enough to satisfy court requirements.

If business records are the subject of the search, a time delay of several weeks or even months between an informant seeing the evidence and reporting it may not create staleness.

Since Illegal drugs are subject to rapid consumption and disposal, obtain and serve warrants regarding drugs with less delay.

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c. The following areas can greatly aid in justifying the necessity for obtaining a search warrant and should be covered with an informant: Amount of illegal drug at the location. Type of packaging used by the suspect. Price of the illegal drugs. Method of illegal drug sales.

2. Informant Reliability – Document any available information that tends to establish informant reliability.

a. The affidavit must show there is a fair probability that evidence will be found in a particular place under the totality of the circumstances.

b. When an informant is new and untried, carefully check this information for reliability. If the information checks out, it can be acted upon subject to the individual judgment of the control detective and the supervisor. You can explain in the affidavit the fact an informant has given several bits of information that have been checked and found accurate, yet arrests have not been made.

c. Include information establishing how the informant knows the item is contraband.

d. If an informant is not proven reliable or this information is not from first-hand knowledge, obtain corroborating evidence before securing a warrant. Corroborating an informant’s information involves securing additional independent evidence that confirms and strengthens what an informant has said.

e. Average citizens and other officers who provide information are “per se” believable. Jim Smith, average citizen, who happens to view or be a victim of a crime, is “per se” believable and a statement of the citizen’s name and status in the affidavit is enough to show reliability.

f. Suspects who provide information against co-perpetrators are considered reliable. For example, juveniles apprehended while riding a stolen motorcycle and state in their confession that they were accomplices in the theft of other property and that property currently is on the suspect’s premises.

g. Named informants who provide information against

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their personal and penal interests are considered reliable. For example, informants who state they have smoked marijuana with and purchased marijuana from the suspect on previous occasions.

3. Why and how the given information is reliable.

4. Reasons to keep the informant’s identity confidential.

5. Nighttime Searches – If applicable, you may show probable cause justifying a nighttime search, 10:00 P.M. to 6:30 A.M.,in the affidavit and have it authorized by a Magistrate. ARS 13-3917/Time of Service; Exception. Reasons justifying a nighttime search are varied:

a. The suspect may be dealing heavily and have a limited supply of illegal drugs or contraband on hand indicating the need to act quickly on the information.

b. Exigent circumstances, such as the information may be received after 10:00 P.M. or shortly before, possibly necessitating a nighttime search.

c. Suspects may only be home during nighttime hours, or they may conceal their contraband outside duringdaylight hours and deal only at night.

d. The suspect may come and go at varied, unpredictable hours necessitating the use of a stake-out coupled with the ability to serve the warrant at any hour.

e. If an informant provides this type of information, include it in the first part of the affidavit to back-up the request for the nighttime search.

LISTING SUSPECT INFORMATION on the SEARCH WARRANT1. There are two places on the first page of the search warrant

and three places on the first page of the affidavit that call for the names or descriptions of the suspects.

2. Many officers tediously list the entire lengthy description of the suspects to be searched on both the search warrant and affidavit. However, lengthy descriptions are only needed the first time the information is called for on the first page of each form. Thereafter, suspects may be referred to by name only, e.g., “John Doe and Joe Blow, previously described on page #1 of the affidavit.”

PREPARING the SEARCH WARRANT – The search warrant and affidavit may be typed or handwritten. A legible handwritten form is proper if time

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does not permit typing.

DISTRIBUTING SEARCH WARRANT COPIES1. After the search warrant is prepared, the affiant needs the

original and four copies: Original – Returned to the judge having disposition after

service. Copy and copy of the DR – To the County Attorney’s

Office. Copy – Presented to the suspect with a receipt for

confiscated items. Copy and original DR – To Records for filing. Copy – Maintained in the SIS files.

2. The original and three copies are required for the affidavit: Original – Stays with the issuing Magistrate. Copy – To Records. Copy – To the prosecuting attorney. Copy – Remains in the SIS files. The suspect does not

receive a copy of the affidavit.

PRESENTING the SEARCH WARRANT to the MAGISTRATE1. A search warrant may be obtained from any Magistrate in the

state including city and town Magistrates, Justices of the Peace, and Superior and Supreme Court Judges. Contact the Magistrate by telephone to inform the Magistrate of the affidavit and search warrant and your arrival time.

2. ARS 13-3914/Examination on Oath; Affidavits, requires thatthe oral testimony used to supply additional facts to support a finding of probable cause for issuing a search warrant will be under oath and recorded on tape, wire, or comparable method.

a. If necessary, remind the Magistrate to swear you in. Verbal testimony should be carefully documented by the affiant and must be given under oath.

b. Sworn but unrecorded or undocumented testimony cannot be used as the basis for a search warrant.

TELEPHONIC SEARCH WARRANTS1. Prepare a search warrant and face sheet following written

search warrant procedure.

2. Prepare an affidavit to read to the Magistrate.

3. Contact the Magistrate by telephone to advise the Magistrate of the telephonic search warrant request. Do not start recording the conversation until the Magistrate advises you to do so.

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4. Begin recording the conversation before the Magistrate swearsyou in.

5. Read the content of the search warrant and affidavit to the Magistrate while recording the conversation.

6. Obtain the Magistrate’s permission to sign the Magistrate’s name on the search warrant face sheet and affix the signature.

7. Retain the audiotape for later transcription.

8. Impound the audiotape once it has been transcribed.

9. Return the original transcribed affidavit to the issuing Magistrate upon return of the search warrant.

EXECUTING the SEARCH WARRANT1. Search warrants are covered in ARS 13-3911/Definition

through 13-3924/Unlawful Procurement of Search Warrant Without Probable Cause. In addition to adhering to ARSrequirements, adhere to the following procedure:

a. Review all Documentation Prior to Service

1) Affiant Detective and Assigned Partner –Proofread the affidavit and search warrant for accuracy and completeness.

2) SIS Supervisor Overseeing Service of the Warrant – Thoroughly review the documents before serving.

b. Verifying Search Location

1) Do not serve search warrants on residences or other locations based on informant information, unless the informant has personally identified the location to the affiant.

2) If another police officer or undercover detective is furnishing the information for thewarrant, the officer or undercover personally identifies the location to the detective servingthe warrant.

3) If personally identifying the location is not possible, check the location before serving the warrant to confirm that the place described is

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correct.

4) Whenever possible, one or more detectives will observe the search location in an effort to verify whether the suspect is present, the number of people present, and any additional information that will facilitate serving the warrant.

c. Protecting and Identifying Personnel

1) With badge visible, an SIS supervisor in raid equipment must be present during service of the search warrant. When possible, a uniformed officer should be present during the initial entry.

2) The case detective (affiant) prepares an operation plan to distribute during the pre-warrant briefing listing as much information as possible concerning the suspect(s) and the premises to be searched.

3) The responsible supervisor reviews and approves the operation plan before distribution.

4) The supervisor in charge or the case detective thoroughly briefs all participants and distributes approved operation plans to each person.

5) Warrant planning places the primary emphasis on detective and suspect safetyduring warrant execution.

6) It is preferable to have the case detectivepresent during the warrant service because the case detective is most familiar with the suspect, circumstances, informant involved, and potential hazards.

7) If the case detective cannot participate, the case detective thoroughly briefs the SIS supervisor in charge on the issues.

8) Supervisors will ensure SIS personnel wear protective vests and appropriate identification equipment when participating in initial entries at search warrant services.

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a) SIS plainclothes detectives will wear approved raid equipment with a police badge on the left breast and “Police” on the back during entry and until the scene is secured.

b) SIS detectives who do not have access to approved raid equipment arenot used at search warrant scenes until entry is made and the premises secured. This also applies to assisting officers from other agencies who do not have appropriate identification equipment.

KNOCK and ANNOUNCE REQUIREMENTS – ARS 13-3916/Service of Warrant; Breaking and Entering to Execute, covers how an officer may execute a search warrant during initial entry. The supervisor in charge designates an officer responsible for the authority and purpose announcement. Tape-record the knock and announce and the initial entry, if possible.

1. Give occupants a “reasonable time” to respond.

2. Making entry too quickly without evidence to indicate exigency can result in the suppression of seized evidence.

3. After the knock, do not state authority and purpose until necessary. Often a suspect opens the door not realizing police are outside. You can use subterfuge, but do not forget to announce authority and purpose prior to making entry.

INITIAL ENTRY 1. Locate occupants of the residence as quickly as possible.

Unless there are extenuating circumstances, immediately friskoccupants for weapons. Use detectives of the same sex as the person being searched (if possible) before taking to a central location.

a. Any person on the premises may be searched if it reasonably appears that property or items enumerated in the search warrant might be concealed on the person. This applies only to people on the premises. It is beneficial if the affiant or detective searching first notes if the person is an addict or has track marks, ifthere is a strong smell of fresh burning marijuana in the air, or if some other circumstance would strengthen the immediate search of anyone on the premises.

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b. People showing up at the warrant location once entry has been made may be frisked for weapons, but cannot be searched for contraband unless independent probable cause is developed first.

DETECTIVE DUTIES WHEN SEARCHING the PREMISES1. Case Detective or Designee

a. Documents the time of warrant issuance by the Magistrate, time of entry, the people present, their locations, and their actions at the time of entry.

b. Closely watches all people present to prevent destruction of evidence or contraband and documentsall incriminating actions and statements made. In all cases, except for those persons who specifically request an attorney, attempt to interview occupants to solicit incriminating statements to use as evidence and to strengthen the case. Use Miranda warnings as needed.

c. Places people to be charged with a crime under arrest.

d. Looks for evidence regarding who owns, rents, lives in, or occupies the premises. Obtains sufficient information about the landlord or owner to subpoena into court to testify if necessary.

e. Records the time the search is concluded and makessure the location is secured if all occupants are arrested. Detectives will be assigned to complete DRs, recording all the necessary information for presenting the case to the County Attorney for filing and for its successful prosecution in court.

f. Ensures the suspect receives a receipt for seized items.

1) Whenever possible, list this information on the three-part Return of Search Warrant form. When using this form, the three parts are divided as: White – Give to the Magistrate. Yellow – Place in the DR. Pink – Give to the suspect.

2) If the Return of Search Warrant form is not used, this information can be listed on, or attached to, the copy of the search warrant given to the suspect.

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3) If the suspect is booked before the listing is completed, at the affiant’s discretion, the receipt can be placed in the suspect’s property at the jail or left at the scene.

2. Finder – A detective designated as the Finder performs the following:

a. Searches for all items of evidence. Maintains a proper chain of custody, oversees the proper packaging, sealing, and marking of all evidence for impounding. Completes related reports such as Request for Scientific Analysis and Property Invoice forms.

b. Ensures all items of evidence are transferred to the Property Unit per department policy. Impounds the tape recording the initial entry on a separate property slip because normally it is not presented in court,unless necessary.

3. Recorder – A detective designated as the Recorder performsthe following:

a. Documents all items seized on the Return of Search Warrant form and when this form is completed, gives it to the case detective.

b. Completes a supplemental report listing a full description of each item and where it was found during the search warrant.

4. Duties of Other Detectives – Once the residence and suspects are secured, the detective/supervisor in charge assigns areas to be searched by each detective.

a. Systematically and thoroughly search the selected or assigned area until the search is complete, unless assigned another task by the detective/supervisor in charge.

b. Do not touch or remove any located evidence, call for the designated Finder.

c. If assigned to perform record checks, exclude the occupants that are going to be booked for other charges.

SEARCH WARRANT SERVICE WHEN NO EVIDENCE is SEIZED –The case detective completes an information DR or prepares supplements for a related DR when unable to locate the evidence during service of the warrant.

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RELEASE of PROPERTY SEIZED DURING a WARRANT1. The case detective signs off on the property invoice, releasing

the property to the owner or the owner’s agent.

2. The owner is instructed to contact the Property Unit who releases the property.

RETURNING SEARCH WARRANT to MAGISTRATE – The affiantensures the original search warrant with an itemized list of seized items isreturned to a Magistrate within five days from the date of issue.

1. The detective personally returns the warrant to a Magistrate, not to a clerk. You are not required to return the warrant to the issuing judge and may return it to any judge who will accept it.

2. Ensure the Magistrate puts you under oath to swear to the accuracy and completeness of the itemized property list being returned.

3. The itemized list may be placed on the Return of Search Warrant or a self-carbonizing form may be used if attached to the Return of Search Warrant form.

ASSISTING ANOTHER AGENCY SERVING a WARRANT

POLICY1. SIS assists other departments in drafting and serving search

warrants within Scottsdale city limits, whenever possible.

2. Follow the Interagency Notification policy outlined in General Order 1302/Inter-Agency Law Enforcement Notification.

PROCEDURE1. Refer requests for SIS assistance in serving search warrants

from other agencies to an SIS supervisor.

2. SIS detectives may not participate in the initial entry of these warrants, unless an SPD supervisor is present.

3. If no supervisor is available, wait until entry is made and the scene secured by officers from the other agency beforeentering and participating in the search.

4. The supervisor of the agency executing the search warrant completes notifications, warrant information review, warrant procedure conduct and security, appropriate memos, cassette tape recordings of procedure and other tactical or administrative details regarding the operation.

5. Uniformed patrol supervisors and officers are used as

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situations dictate, but are returned to their regular duty assignments as soon as practical.

6. Detectives who must be present to further the investigative process may enter the scene without imprinted jacket, vest or cap after the on-site supervisor has declared the scene non-hostile and has authorized entry.

PLAINCLOTHES – When a search warrant with tactical entry involves plainclothes officers from another agency, the department on-site supervisor meets with the on-site supervisor from the other agency before executing the search warrant to discuss assignments, provide for appropriate notifications, and ensure that all plainclothes detectives involved are wearing adequate apparel to provide immediate recognition as police officers. A group assembly of involved personnel is held to promote recognition between participants.

1. Plainclothes personnel from other agencies are expected to wear garments that are conspicuously marked to provide immediate recognition as a police officer.

2. If the tactical event plan from the other agency does not meet the reasonable expectations or requirements of department policy, (i.e., inadequate staffing, inadequate current knowledge of the structure and occupants inside, safety concerns, plainclothes officer recognition, or the absence of an on-site agency supervisor); the department supervisor will inform the other agency of the inadequacies and will not allow further department personnel involvement until the inadequacies are corrected.

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OPERATIONORDERS Search Warrants/Buy-Bust Operations · Search Warrants/Buy-Bust Operations ......

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