Police Department Policy

GGPDE_607_-_Warrant_Service_2837261

Garden Grove PD

Policy Text
Policy 607Garden Grove Police Department Policy Manual Copyright Lexipol, LLC 2024/05/22, All Rights Reserved. Published with permission by Garden Grove Police DepartmentWarrant Service - 1Warrant Service 607.1 PURPOSE AND SCOPE This policy establishes guidelines for the planning and serving of arrest and search warrants by members of this department. It is understood that this policy cannot address every variable or circumstance that can arise in the service of a search or arrest warrant, as these tasks can involve rapidly evolving and unique circumstances. This policy is intended to be used in conjunction with the Operations Planning and Deconfliction Policy, which has additional guidance on planning and serving high-risk warrants. This policy is not intended to address the service of search warrants on locations or property already secured or routine field warrant arrests by patrol officers. 607.2 POLICY It is the policy of the Garden Grove Police Department to balance the safety needs of the public, the safety of department members, privacy interests and other relevant factors when making decisions related to the service of search and arrest warrants. 607.3 OPERATIONS DIRECTOR The operations director (see the Operations Planning and Deconfliction Policy) shall review all risk assessment forms with the involved supervisor to determine the risk level of the warrant service. The operations director shall be the SWAT Commander or their authorized designee. The operations director will also have the responsibility to coordinate service of those warrants that are categorized as high risk. Deconfliction, risk assessment, operational planning, briefing and debriefing should follow guidelines in the Operations Planning and Deconfliction Policy. 607.4 SEARCH WARRANTS Officers should receive authorization from a supervisor before preparing a search warrant application. Once authorization is received, the officer will prepare the affidavit and search warrant, consulting with the applicable prosecuting attorney as needed. He/she will also complete the risk assessment form and submit it, along with the warrant affidavit, to the appropriate supervisor and the operations director for review and classification of risk (see the Operations Planning and Deconfliction Policy). 607.5 ARREST WARRANTS If an officer reasonably believes that serving an arrest warrant may pose a higher risk than commonly faced on a daily basis, the officer should complete the risk assessment form and submit it to the appropriate supervisor and the operations director for review and classification of risk (see the Operations Planning and Deconfliction Policy). Garden Grove Police Department Policy Manual Warrant Service Copyright Lexipol, LLC 2024/05/22, All Rights Reserved. Published with permission by Garden Grove Police DepartmentWarrant Service - 2If the warrant is classified as high risk, service will be coordinated by the operations director. If the warrant is not classified as high risk, the supervisor should weigh the risk of entry into a residence to make an arrest against other alternatives, such as arresting the person outside the residence where circumstances may pose a lower risk. 607.6 HIGH-RISK WARRANT SERVICE The operations director or the authorized designee shall coordinate the service of warrants that are categorized as high risk and shall have sole authority in determining the manner in which the warrant will be served, including the number of officers deployed. The member responsible for directing the service should ensure the following as applicable: (a)When practicable and when doing so does not cause unreasonable risk, video or photographic documentation is made of the condition of the location prior to execution of a search warrant. The images should include the surrounding area and persons present. (b)The warrant service is audio- and video-recorded when practicable and reasonable to do so. (c)Evidence is handled and collected only by those members who are designated to do so. All other members involved in the service of the warrant should alert one of the designated members to the presence of potential evidence and not touch or disturb the items. (d)Reasonable efforts are made during the search to maintain or restore the condition of the location. (e)Persons who are detained as part of the warrant service are handled appropriately under the circumstances. (f)Reasonable care provisions are made for children and dependent adults (see the Child and Dependent Adult Safety Policy). (g)A list is made of all items seized and a copy provided to the person in charge of the premises if present or otherwise left in a conspicuous place. (h)A copy of the search warrant is left at the location. (i)The condition of the property is documented with video recording or photographs after the search. 607.7 DETENTIONS DURING WARRANT SERVICE Officers must be sensitive to the safety risks of all persons involved with the service of a warrant. Depending on circumstances and facts present, it may be appropriate to control movements of any or all persons present at a warrant service, including those who may not be the subject of a warrant or suspected in the case. Garden Grove Police Department Policy Manual Warrant Service Copyright Lexipol, LLC 2024/05/22, All Rights Reserved. Published with permission by Garden Grove Police DepartmentWarrant Service - 3As soon as it can be determined that an individual is not subject to the scope of a warrant and that no further reasonable suspicion or safety concerns exist to justify further detention, the person should be promptly released. 607.8 ACTIONS AFTER WARRANT SERVICE The supervisor shall ensure that all affidavits, warrants, receipts and returns, regardless of any associated cases, are filed with the issuing judge or magistrate as soon as reasonably possible, but in any event no later than any date specified on the warrant. 607.9 OUTSIDE AGENCIES AND CROSS-JURISDI

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