Policy Text
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SEARCH WARRANTS
The purpose of this order is to provide procedures for obtainin g and serving a search
warrant. I. Obtaining a Search Warrant
A. During court hours t he investigator shall:
1. Compile all necessary repor ts, documents, and supportive
documents long with the Affidav it In Support of Issuance of a
Search Warrant and Affiant’s Exp ertise into the affidavit for s earch
warrant package ensuring the pr e-printed affidavit face sheets are
attached and properly completed.
2. Prepare the search warrant package to be signed ensuring all
needed areas are complete and that all pages have been
numbered.
3. Take the affidavit to the Dis trict Attorney’s Office for rev iew,
approval, and signature by a deputy District Attorney.
4. If the deputy DA directs, mak e any additions and/or deletion s and
submit them for final approval and signature.
5. Take the approved search wa rrant to a Municipal Court judge for
signature. If a Municipal Court j udge is not available, a Super ior
Court judge can sign t he search warrant.
a. For search warrants to be served outside Sacramento
County, but in the State of Ca lifornia, the signature of a
Superior Court judge is nece ssary. Also on the search
warrant, the Superior Cour t should be entered where
Municipal Court usually appears on the face of the
document.
6. After obtaining the judge’s appr oval and signature, take the entire
package to the Court JIMS Unit l ocated between Departments 3
and 4 where it will be numbered and the original affidavit will be
filed. Make necessary copies for service and report packages.
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B. After court hours, the investigator shall:
1. Compile all necessary reports , documents, supporting documen ts
along with the Affidavit In support of Issuance of a Search War rant
and the Affiant’s Expertise into the affidavit for the search w arrant
package ensuring the pre-print ed affidavit face sheets are atta ched
and properly completed.
2. Prepare the search warrant package to be signed ensuring all
needed areas are completed and all pages are numbered.
3. Contact the on-call deputy Distr ict Attorney for review and
signature.
4. Deliver the approved affidavit a long with the original searc h warrant
package to the on-call judge fo r approval and signature.
5. On the next court date, file the search warrant with the Cou rt JIMS
Unit.
II. Serving the Search Warrant
A. The investigator shall comply with the kno ck and notice requ irements
pursuant to Section 844 PC.
B. The investigator shall verba lly advise the occupant(s) of th e building to be
searched of the contents of the search warrant and show the ori ginal
search warrant (not the affi davit) to the occupant(s).
C. Leave a copy of the search wa rrant at the location, or with the occupant,
along with a signed inventory lis t of property taken from the p remises.
III. Warrant Return
A. Pursuant to Section 1534 PC, a warrant shall be executed and returned
within ten days of issuance.
B. The investigator shall take t he original search warrant, the return of search
warrant, and the recovered proper ty list to the issuing judge w henever
possible. If the originating judge is not available, obtain the signature of
another Municipal Court judge.
C. The investigator shall have a ll documents fil ed with the JIM S Unit after the
judge signs the warrant return.
D. The investigator shall send a copy of the affidavit, search warrant,
property inventory list, and warr ant return to Records and atta ch copies of
these documents to the report copy sent to the DA’s Office.
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E. Attach a copy of the search wa rrant return to all recovered property lists
used to book property into the Property Warehouse.