Police Department Policy

OAKLAND_TB_I_F_E-Warrants_810627

Oakland PD

Policy Text
CONSOLIDATED RECORD S INFORMATION MANAGEMENT SYSTEM (CRIMS) E-WARRANTS This Training Bulletin sets forth procedures for the application, review, issuance, and processing of the following warrants via the Consolidated Records Information Mana gement System (CRIMS) e Process , E-Warrants: I. Multifunctional Search Warrants II. DUI Blood Draw Search Warrants III. Ramey Arrest Warrants IV. Steagald Search and Arrest Warrant s The CRIMS E -Warrants process is to be utilized primarily during non-business hours with the on -call duty judge , Monday through Friday 1700- 0900 hours and weekends . I. MULTIFUNCTIONAL SEARCH WARRANTS Pursuant to Penal Code § 1524, 1526, and 1534 , this procedure is used for the application, review, issuance, and processing of search warrants via CRIMS E-Warrants . A. Completion of S earch Warrant and A ffidavit The affiant logs onto CRIMS e -Process E -warrants and clicks on the “ Multifunctional Search Warrants ” tab. The affiant c omplete s the following: 1. Search W arrant a. Place(s) , Person(s), Vehicle(s), or Item(s) to be S earched The affiant includes the description( s) of the place(s), person(s), vehicle(s), or item(s) to be searched. b. Evidence to be S eized The affiant includes the description(s) of the evidence to be seized. c. Evidence Type The affiant must check the appropriate box(es), reflecting t he ground(s) for the listed in the subsections under Penal Code 1524(a). TRAINING BULLETIN 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.” Index Number: I -F.1 Alpha Index: E -Warrants Effective Date: 22 Mar 16 2 E-Warrants, Index Number I -F.1 d. Special Procedures R equest (s) The affiant must check the appropriate box (es), reflecting the special procedure(s) . The affiant shall include the grounds for the request(s) in the designated section(s) of the search warrant and/or in the affidavit. 2. Affidavit (statement of probable cause) a. Statement of Training and E xperience (“hero sheet”) The affiant shall include a summary of his /her relevant training and experienc e in the statement of probable cause either : 1) Manually . 2) By clicking the “Include state ment of training and experience ” tab, in which case CRIMS will automatically in sert the affiant’s statement of training and experience from the affiant’s stored digital file (from a previous affidavit). b. Statement of Probable C ause 1) The facts upon w hich probable cause is based . 2) The description (s) of the place(s), person(s), vehi cle(s), and item(s) to be searched . 3) The description of the evidence to be seized. c. Attachments If the affiant needs to include one or more attachments to t he statement of probable cause, the affiant click s on the “Attachment” tab and follow s the instructions for attaching a document and incorporating it into the statement of p robable cause. The combined size of all files must not exceed 1000 KB and the valid file extensions are PDF, TXT, PNG, GIF, JPG. B. Supervisor and C ommander Approval A superv isor and a commander shall review all of the documents within the search warrant and affidavit for completeness and accuracy prior to submission to a magistrate . The affiant may include the approving supervisor 's and commander’s names in E -Warrants as auth orized viewers so the supervisor and co mmander have the option to view the search warrant and affidavit in E -Warrants versus via hard copies. Since E -Warrants does not provide th e ability for supervisors and commanders to approve the search warrant in E -Warrants, supervisors and commanders shall document their review and approval of the search warrant and affidavit on the Search Warrant Approval Tracking Sheet (TF-3343) . Commanders shall document the number of search warrants reviewed and approved in thei r Monthly Management Reports (TF -3312). Copies of the Search War rant Approval Sheets (TF -3343) shall be included with the report. The re ports are submitted to the commanders’ respective Division commanders. C. Affiant C ontacts the Judge After the sear ch warrant and affidavit are approved by a sergeant and a commander, the affiant completes the following : 3 22 Mar 16 ● Oakland Police Department 1. Judge Notification The affiant notifies the judge that a search warrant and affidavit have been prepared and are ready to be transmitted to the jud ge via E -Warrants . 2. Special Procedure R equests The affiant notifies the judge if the search warrant contains one or more special procedure requests . 3. Attachments The affiant notifies the judge if the affiant incorporated any a ttachments to the sta tement of probable cause . 4. Priority The affiant notifies the judge if the issuance of the search warrant is needed

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