Police Department Policy

301509

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: July 3, 2025  Amends - GO 7.1.5 ( December 11, 2023 ) Number: 7.1.5 Distribution: All Personnel Review Month: October Reviewing Authority: CID / General Assignment Subject: Search Warrants This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to establish specific guidelines for personnel obtaining search warrants. 2. Policy It shall be agency policy to confirm the efficient, effective, and safe execution of all search warrants. 3. Definitions A. Affidavit for Search Warrant - a document utilized to present facts, supported by oath or affirmation, outlining probable cause for the issuance of the search warrant. B. Inventory and Receipt/Return - a document listing items seized during a search by warrant. C. No-Knock Entry – Entry into a residence with a search warrant that does not require deputies to make their presence known, if one of the exigent circumstances recognized by law exist, to the occupants of a building or residence prior to entry. D. No-Knock S earch Warrant – A search warrant that does not require deputies to make their presence known to the occupants of a building or residence prior to entry. No-knock search warrants are prohibited in the State of Florida . E. Search Warrant - a document that authorizes a search for and the seizure of evidentiary items. 4. Procedures A. Drafting the Affidavit for the Search Warrant The affidavit will contain the following elements: 1. The facts which provide probable cause for the search. 2. The violation of law that has occurred or is occurring. 7.1.5, Page 2 of 4 3. A detailed description of the person, place, vehicle or thing to be searched. 4. A specific description of the property to be seized. B. Drafting the Search Warrant The search warrant will contain the following elements: 1. Name of the affiant. 2. Description of the person, place, vehicle or thing to be searched. 3. Florida Statute violated. 4. A specific description of the property to be seized. 5. Signature of the authorizing judge and title of office (Circuit or County Court of the Ninth Judicial Circuit of Florida, in and for Orange County). C. Approval Process The approval process will include the following: 1. Review by a supervisor to confirm accuracy. The supervisor shall confirm that particular attention is given to the physical description of the premises, items sought, and probable cause . If the supervisor has knowledge that there is an ongoing investigation, the supervisor shall make the appropriate notifications, if possible. 2. During business hours the completed affidavit and search warrant will be presented to a judge who shall evaluate the documents for legal sufficiency. 3. During non -business hours the Communications supervisor sh all be responsible for contacting the on -call judge and placing him/her in contact with the investigator. 4. If a judge determines the documents to be acceptable, a signature will be obtained. 5. If a judge determines the documents to be unacceptable, u nder no circumstances will another judge be contacted to review the same documents. D. Execution of the Search Warrant The following procedures will apply when executing the search warrant: 1. The SWAT Commander shall be notified of all pending search warran ts. An exception is for searches of vehicles or structures known to be unoccupied and non -life threatening. 2. The affiant on the search warrant shall complete a Pre -Search Warrant Investigation Form, and forward a copy to the SWAT Commander. 3. SWAT executes all search warrants at the discretion of the SWAT 7.1.5, Page 3 of 4 Commander or designee. 4. SWAT shall assist in the execution of any search warrants where special hazards exist. 5. Prior to executing the search warrant ; a. The Watch Commander in the affected Sector and the Communications Section supervisor shall be notified. b. If the location of the search warrant falls within the jurisdiction of Orange County, the agency shall be notified prior to or simultaneously with the execution of the warrant. c. Determine the need for medical personnel to stage at a location close to the search warrant . d. The search warrant will in all cases be served by any of the officers mentioned in its direction but by no other person except in the aid of the officer requiring it, said officer being present and acting in its execution. 6. The search warrant will be executed as soon as pract ical within the ten day limit. If the search and/or processing of the scene is to extend beyond the ten days, a new search warrant is required. 7. A supervisor shall be present during the execution of the search warrant. 8. The lead investigator shall leave a copy of the search warrant and inventory/receipt at the scene. The affidavit for the search warrant may be left at the scene. 9. The lead investigator shall be responsible for the collection of all paperwork for the case to include properly securing, packaging, transporting and submission of any evidence found at the scene. The lead investigator shall notify Forensics should a tech nician be needed at the scene of the search warrant. 10. No-knock search warrants are prohibited in the State of Florida (see LB 25 ), unless exigent circumstances arising

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