Policy Text
GO 307 Warrants & Special Operations Page 1 of 10 Rev. 10/22/22
GENERAL ORDER
307 WARRANTS & SPECIAL OPERATIONS
REVISION DATE: 10/22/2022
BY ORDER OF THE CHIEF OF POLICE
Insert Digital Signature of CEO
SUNNY ISLES BEACH
POLICE DEPARTMENT ORIGINAL EFFECTIVE DATE: 10/22/22
PREVIOUS REVISIONS:
RESCINDS: All previously issued directives REFERENCE : 15.08 M,15.11 M
TABLE OF CONTENTS
A. PURPOSE .......................................................................................................................... 1
B. SCOPE ............................................................................................................................... 1
C. POLICY ............................................................................................................................. 1
D. DEFINITIONS .................................................................................................................. 2
E. PROCEDURES ................................................................................................................. 2
F. DRAFTING THE AFFIDAVIT AND WARRANT ....................................................... 3
G. ISSUANCE OF SEARCH WARRANT .......................................................................... 4
H. PREPARATION FOR THE EXECUTION OF THE SEARCH WARRANT ............ 5
I. TEAM DESIGNATIONS AND RESPONSIBILITIES ................................................. 6
J. RETURN OF SERVICE PACKAGE ............................................................................. 8
K. POST SEARCH RESPONSIBILITIES .......................................................................... 8
L. ARREST WARRANTS .................................................................................................... 9
M. SPECIAL OPERATIONS ................................................................................................ 9
N. JOINT TASK FORCE AND MUTUAL AID OPERATIONS ................................... 10
A. PURPOSE
The purpose of this directive is to provide guidelines for the planning, preparation, and execution of search warrants.
B. SCOPE
This directive is applicable to all sworn members of the Department.
C. POLICY
The search warrant is one of the more powerful and valuable tools available to law enforcement. While the process
of applying for and obtaining a search warrant should be familiar to most members, there are many technical and
legal pitfalls that can invalidate a search warrant, lead to the suppression of evidence or dismissal of cases, and have
liability implications for involved members. Therefore, it is the policy of the Department that all members have a
sound knowledge of the legal requirements associated with obtaining a search warrant in order to prevent
suppression of evidence, support the Constitutional rights of citizens and to maintain public confidence in the
Department's mandate to carry out the police function in an ethical and legal manner.
WARRANTS & SPECIAL OPERATIONS
General Order 307
GO 307 Warrants & Special Operations Page 2 of 10 Rev. 10/22/22
D. DEFINITIONS
Affidavit: A formal declaration, or statement of facts, in writing, made voluntarily and confirmed by oath or
affirmation before a person having the legal authority to administer such oath or affirmation.
Search Warrant: A written court order signed by a judge, supported by oath or affirmation, particularly describing
the place to be searched, and the person or thing to be seized. Warrants must be based on probable cause. Warrant
language must be specific in the description of the place to be searched and the property to be seized. Florida State
Statute 933 provides specific instructions regarding the execution of warrants.
E. PROCEDURES
1. The Fourth Amendment to the United States Constitution guarantees the right of the people to be free from
"unreasonable searches and seizures.” Only in specific, well-defined exceptions will searches and seizures be
permissible in the absence of a warrant. Warrantless searches that fall outside of these exceptions may be found
to be unreasonable and unlawful, and may lead to the exclusion of any evidence obtained and may subject the
officer to civil and criminal penalties.
2. In order to obtain a search warrant, a member must be able to show probable cause to believe that specific
evidence, contraband or fruits of a crime may be found at a particular location, vehicle, or thing to be searched.
Probable cause may be obtained from a variety of sources, including but not limited to:
a. Sworn statements from witnesses.
b. Plain view observations.
c. Prior purchases made from the location.
d. Positive results from reagent test kits when the purchases involved controlled substances.
e. Information from a confidential informant with proven credibility.
f. Corroborating intelligence or past history information.
g. Corroborating statements of arrested subjects.
3. Specific facts establishing probable cause shall be set forth with clarity and specificity. Members shall not rely
upon personal opinion or unauthenticated third-party information, or hearsay.
4. The successful execution of search warrants demands careful planning and execution to guarantee legal
requirements are met and to ensure the safety of the members involved. Prior to any search warrant being issued,
a search warrant checklist (Annex 15.3C ) shall be completed and once approved by the division commander
or designee, submitted with the report.
WARRANTS & SPECIAL OPERATIONS
General Order 307
GO 307 Warrants & Special Operations Page 3 of 10 Rev. 10/22/22
F. DRAFTING THE AFFIDAVIT AND WARRANT
1. Generally, obtaining a search warrant ( Annex 15.3B ) will be a function of the Criminal Investigations Unit. If
a Department member not assigned to the Criminal Investigations Unit needs to obtain a search warrant, the
member shall notify his/her supervisor who shall discuss the facts and circumstances with the commander of
the Criminal Investigations Unit for input and assistance in drafting the warrant.
2. Affidavits and applications for search warrants must be approved by the member’s commanding officer prior
to being submitted to the State Attorney’s Office or a judge for authorization. The commanding officer will
ensure the documentation is properly written and contains sufficient evidence to support a probable cause
d