Policy Text
SEARCH WARRANTS
EFFECTIVE DATE: 11/01/94 STANDARD NO. 065 REVISED: 10/24/18
REPLACES: SOP Search Warrants 19-01.1-10 A, B, C, D, E – Rev. 01/01/03; Rev. 06/01/05;
OBJECTIVE: To establish policy and procedures for securing search warrants.
POLICY: It is the policy of the Homestead Police Department (HPD) to establish guidelines
for the procurement and execution of a search warrant.
SCOPE: All employees of this Department shall be governed by the procedures set forth
below.
I. DEFINITIONS:
A. Territorial Jurisdiction: The person, place, vehicle or thing to be searched, containing the
property to be seized, must be located within the territorial jurisdiction of the court.
B. Search Warrant Checklist: The checklist contains detailed instructions and forms
applicable to search warrant preparation. Compliance with instructions will ensure
uniformity and satisfy legal qualifications necessary to obtain approval of the issuing
judge.
C. Consent to Search: Under circumstances when it would be appropriate to conduct a
search where there is no exception provided by law for a warrantless search, an officer
should attempt to obtain a Waiver of Rights: Consent to Search prior to preparation of a
search warrant.
II. PROCEDURES:
A. Search Warrant Structure:
1. Affidavit of Search Warrant: The Affidavit of Search Warrant is the document
utilized by the police officer to present the facts, supported by oath or affirmation,
constituting probable cause for issuance of the search warrant. The following are
elements of the affidavit:
a. The facts giving rise to the probable cause for the search.
b. The violation of law, which has occurred or is occurring.
c. Description of the person, place, vehicle, or thing to be searched.
d. A specific description of the property to be seized.
e. A photo when applicable.
Search Warrants – SOP# 065
2. Search Warrant: The following are elements of the search warrant that must
coincide with the information on the affidavit:
a. Name of the affiant (officer or complainant).
b. Description of the person, place, vehicle, or thing to be searched.
c. Citation of the law violated.
d. Command to search the person, place, vehicle, or thing described in the
warrant.
e. Signature of the authorizing judge and title of office.
3. Return and Inventory: The officer completes A Return and Inventory form within
10 days after the execution of the warrant. The inventory delineates all items
seized by authority as a result of the search warrant.
B. Preparation of the Affidavit and Search Warrant:
1. Description: The description must be so precise that it specifically directs the
person, place, vehicle or thing to be searched, to the reasonable exclusion of all
others:
a. Single Family Dwelling: 99 Southwest 99 Avenue, a single family dwelling
of CBS construction, white in color with green shutters and a blue door,
with the house number 99 directly above the door. You must give the
address of what is north, south, east and west of the target.
b. Duplex: 2287 Northwest 88 Terrace, a two (2)-family dwelling, duplex
apartment unit of CBS construction, one (1) story, white in color with red
tile roof, front door facing the north. You must give the address of what is
north, south, east and west of the target.
c. Apartment: 999 Northwest 163 Street, the Mansions Apartments, of CBS
construction, three (3) story, apartment number 216, on the second floor,
south side, having a red door facing north with the number 216 upon it,
and one (1) brass door knocker in the shape of a face. You must give the
address of what is north, south, east and west of the target.
d. Business: 333 Northeast 33 Street, a single story building of CBS
construction, green in color, known as Apex Plumbing Company, with
words Apex Plumbing Company painted in black on the north side of the
building.
e. Vehicle: A 1972 Chevrolet Impala, 2-door sedan, green body with white
top, whitewall tires, bearing a 1982 Florida tag number ZZZ 222, and
having a dent in the left front door.