Police Department Policy

607Warrant_Service_7232025

San Luis Obispo County Sheriff

Policy Text
Policy 607San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2025/07/22, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentWarrant Service - 1Warrant Service 607.1 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 not intended to address the service of search warrants on locations or property already secured or routine field warrant arrests by patrol officers. 607.2 POLICY It is the policy of the San Luis Obispo 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. 607.3 SEARCH/ARREST WARRANTS Officers will prepare the affidavit and search warrant. A supervisor or designee will review the warrant. Officers will consult with the applicable prosecuting attorney as needed/available. They will also complete the SWAT risk assessment, an operations plan and a location/suspect workup and submit those along with the warrant affidavit to the appropriate supervisor for review and classification of risk prior to serving the warrant. The risk assessment shall be reviewed by the SWAT commander or designeeto determine if SWAT will serve the warrant. If the warrant is classified as high risk, service will be coordinated by the Deputy Chief. 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. 607.4 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 or no- knock 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 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Warrant Service Copyright Lexipol, LLC 2025/07/22, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentWarrant Service - 2particular 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). 607.6 HIGH-RISK WARRANT SERVICE The Deputy Chief 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. (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 of the designated members to the presence of potential evidence and not touch or disturb the items. (d)Reasonable efforts are made during the search to maintain or restore the condition of the location. (e)Persons who are detained as part of the warrant service are handled appropriately under the circumstances. (f)Reasonable care provisions are made for children and dependent adults (see the Child and Dependent Adult Safety Policy). (g)A list is made of all items seized and a copy provided to the person in charge of the premises if present or otherwise left in a conspicuous place. (h)A copy of the search warrant is left at the location. (i)The condition of the property is documented with video recording or photographs after the search. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Warrant Service Copyright Lexipol, LLC 2025/07/22, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentWarrant Service - 3607.6 DETENTIONS DURING WARRANT SERVICE Officers must be sensitive to the safety risks of all persons involved with the service of a warrant. Depending on circumstances and facts present, it may be appropriate to control movements of any or all persons present

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