Policy Text
Policy
614Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2021/04/07, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentWarrant Service - 1Warrant Service
614.1 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 De-confliction
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.
614.2 POLICY
It is the policy of the Mountain View 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.
614.3 OPERATIONAL OVERSIGHT
The Investigation Services Division (ISD) or Field Operations Division (FOD) Lieutenant (or
designee) shall review all risk assessment forms with the involved supervisor to determine the risk
level of the warrant service. Operational oversight will depend on which division has management
of a given case/incident.
The ISD or FOD Lieutenant (or designee) will also have the responsibility to coordinate service
of those warrants that are categorized as high risk. De-confliction, risk assessment, operational
planning, briefing and debriefing should follow guidelines in the Operations Planning and De-
confliction Policy.
614.4 SEARCH WARRANTS
Officers should receive authorization from a supervisor to prepare 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 for review and
classification of risk with the ISD or FOD Lieutenant (or designee) (see the Operations Planning
and De-confliction Policy).
614.5 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 for review and classification of risk (see the Operations Planning
and De-confliction Policy).
Mountain View Police Department
Mountain View PD Policy Manual
Warrant Service
Copyright Lexipol, LLC 2021/04/07, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentWarrant Service - 2If the warrant is classified as high risk, service will be coordinated by either an ISD or FOD
Lieutenant (or designee) or the SWAT Tactical Commander. 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.
614.6 WARRANT PREPARATION
An officer who prepares a warrant should ensure the documentation in support of the warrant
contains as applicable:
(a)Probable cause to support the search or arrest, including relevant dates and times
to demonstrate timeliness and facts to support any request for nighttime warrant
execution.
(b)A clear explanation of the affiant’s training, experience and relevant education.
(c)Adequately supported opinions, when relevant, that are not left to unsubstantiated
conclusions.
(d)A nexus between the place to be searched and the persons or items central to
the investigation. The facts supporting this nexus should be clear and current. For
example, the affidavit shall explain why there is probable cause to believe that a
particular person is currently residing at a particular location or that the items sought
are present at a particular location.
(e)Full disclosure of known or suspected residents at the involved location and any
indication of separate living spaces at the involved location. For example, it should be
disclosed that several people may be renting bedrooms at a single location, even if
the exact location of the rooms is not known.
(f)A specific description of the location to be searched, including photographs of the
location, if reasonably available.
(g)A sufficient description of the items to be seized.
(h)Full disclosure of any known exculpatory information relevant to the warrant
application (refer to the Brady Material Disclosure Policy).
614.7 HIGH-RISK WARRANT SERVICE
The SWAT Tactical Commander 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.
Mountain View Police Department
Mountain View PD Policy Manual
Warrant Service
Copyright Lexipol, LLC 2021/04/07, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentWarrant Service - 3(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