Policy Text
5 Aug 25 ● Oakland Police Department
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TRAINING
BULLETIN
Effective Date:
5 Aug 25
Index Number: I-F
Alpha Index: Obtaining a Search Warrant
Evaluation Coordinator: CID Commander
Automatic Revision Cycle: 3 Years
“Department Training Bulletins shall be used to advise members of current police techniques and
procedures and shall constitute official policy.”
SEARCH WARRANTS
I. PURPOSE
The purpose of this Training Bulletin is to set forth procedures for drafting, obtaining, and serving a search warrant.
II. DEFINITIONS
A. Affiant : An affiant is the person who authors the search warrant and who declares under penalty of perjury that
the information contained in the affidavit, based upon his/her personal knowledge, and including all
incorporated documents, is true.
B. Search warrant : A search warrant is an order in writing, in the name of the people, signed by a magistrate,
directed to a peace officer, commanding him or her to search for a person or persons, a thing or things, or
personal property. In the case of a thing or things or personal property, a search warrant compels an officer to
bring them before the magistrate (Penal Code 1523).
C. Affidavit : An affidavit is a legal document signed under penalty of perjury containing the facts upon which
probable cause is based. The affidavit(s) must set forth the facts tending to establish the grounds of the
application, or probable cause for believing that they exist. The affidavit shall contain the descriptions of the
place(s), person(s), vehicle(s), and item(s) to be searched and the evidence to be seized (Penal Code 1527).
D. Controlled Purchase / “X-Buy” : A controlled purchase is commonly known as an “X-buy.” An “X-buy” is when
a controlled purchase of contraband (i.e. , narcotics, controlled substances, firearms, stolen property, etc.) is
made to establish the probable cause for a search warrant. Generally, undercover law enforcement officers
and/or confidential informants purchase the contraband from the subjects of the investigations at residences,
businesses, and public locations.
E. Presumptive Test : A presumptive test is a limited and preliminary chemical test conducted on suspected
narcotics and/or controlled substances that may indicate the presence of a specific compound (e.g., cocaine,
heroin, methamphetamine, marijuana, MDMA, etc.). A presumptive test is not merely determining the presence
or absence of a compound through one’s sensory perception (i.e., sight, smell, or touch).
F. Issued: A warrant that has been authorized by a Judge is considered issued. When filling out Department forms,
officers should list the issuance time as the time the Judge approved the warrant.
G. Executed : A warrant that has been served by a law enforcement officer is considered executed. When filling
out Department forms, officers should list the execution time as the time they served the warrant.
Search Warrants, Index Number I-F
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III. BACKGROUND
The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures. One mechanism for
assuring that a search is reasonable is by obtaining a search warrant. In considering whether to issue a search
warrant, a magistrate relies upon the search warrant affidavit prepared by the affiant. Thus, the search warrant is one
of the more powerful and valuable tools available to law enforcement.
While the general process of seeking a search warrant should be familiar to most officers, there are many technical
and legal pitfalls that must be avoided. These pitfalls may result in the violation of constitutional rights, the
suppression of evidence, the invalidation of the search warrant, and the dismissal of the case. The pitfalls may
expose the officer(s) to complaints, disciplinary action, civil liability, and criminal prosecution. Furthermore, the
pitfalls may expose the Department to civil liability and court oversight and may negatively impact community
relations. Therefore, officers must have a sound knowledge of Departmental and legal requirements associated with
search warrants.
Every officer who authors a search warrant and affidavit shall ensure the contents of each are true and correct to the
best of the officer’s knowledge. The officer shall review the entire search warrant and affidavit and verify all
information. The officer shall not rely on assumptions to represent any facts asserted in the search warrant and
affidavit. The officer shall be aware that any material errors, omissions, or misstatements of the factual basis for the
search warrant, whether intentional or not, may negatively impact the officer, the Department, and law enforcement.
The officer shall submit the search warrant and affidavit to a supervisor and a commander for approval prior to
submission to a magistrate.
IV. PREPARATION OF SEARCH WARRANTS AND AFFIDAVITS
A. Search Warrant : A search warrant shall be prepared on an appropriate form accepted by the court (Penal Code
1529). To satisfy the constitutional requirement of specificity, a search warrant must clearly describe the
following:
1. Location(s) to be Searched : The location(s)