Search Warrents Policy

Tarpon Springs Police Department Search Warrants General Order # 297 Effective Date: March 15, 2021 Amends: New Chief Jeffrey P. Young 297.01 POLICY It is the policy of the Tarpon Springs Police Department to have sworn m embers well versed in search and seizure law in order to protect the Constitutional rights of others in the performance of their duty. While a person’s right to be free from unreasonable searches and seizures is of primary importance, lawful searches or seizures provide val uable evidence in the prosecution of criminals and many times results in the return of property to the rightful owner. 297.02 PURPOSE The purpose of this General Order is to set guidelines for the proper procedures to obtain and execute a search warran t. 297.03 PROCEDURE Search Warrants are required when probable cause to believe: A. Property has been stolen or embezzled; OR B. When the property has been used to commit any crime, in connection with gambling, or in reference to obscene literature; OR C. When the property is evidence that a felony has been committed; D. When the property is being held or possessed in violation of laws prohibiting the manufacture, sale, and transportation of alcoholic beverages, fish and game laws, relative to food and drug l aws, in violation of quarantine for citrus canker; OR E. When laws in relation to cruelty to animals have been or are being violated. 297.031 Exceptions A. Search Incident to a lawful arrest. 901.21 FSS B. Consent Jorgenson vs State, 714 SO 2d 423 (Fla 1998) C. Exigent Circumstances, such as: 1. To prevent the imm inent use of a dangerous weapon General Order #297 2 2. To prevent the potential destruction of evidence. 3. To assist victims of crimes; who are in imminent danger. 4. To investigate violent felonies in progress. 5. To investigate suspicious signs of impending danger. 6. To conduct a protective sweep based on the exigent circumstances. Officers are allowed to protect themselves by looking for other persons in the area to be searched who may pose a danger to the officers. 7. Motor vehicles, Vessels, and Aircraft where there is probable cause to search the vehicle. US v Carroll 8. The property is abandoned. 9. A residence, whose resident is on probation, may be search by a probation officer who is in the company of a sworn member. 297.04 Parts of a Search Warrant. A. Affidavit 1. An affidavit provides the judge information to base a decision on whether to issue the warrant. 933.07 FSS 2. An affidavit provides the authority, training, education, and experience of the officer requesting the warrant. 3. An affidavit contains the physical address (legal description) of the location to be searched and particularly describes the structure or conveyance, and who is present or in control of the location to be searched. The areas which may be searched during a search warrant are restricted to any location in which the items sought could reasonably be concealed or located, within the confines of the warrant. 4. An affidavit contains the probable cause to search the location. 5. An affidavit lists the laws that are being violated and the particular items being sought in the search warrant. B. Search Warrant - The search warrant part of the document will ha ve the same information as contained in the affidavit 1(c) and 1(e). 297.05 Procedure A. An officer must have the Detective supervisor’s approval to seek a search warrant. B. Upon approval of the Detective supervisor, the officer will write the search warra nt and affidavit for review by the Detective supervisor. The approving supervisor must first confirm with other detectives that the location and known suspects are not the focus of an active case or conn ected to an other ongoing investigation. General Order #297 3 C. The search warrant must be submitted, reviewed and approved by an Assistant State Attorney. D. The search warrant may then be taken to a Judge within the circuit that the location to be searched is located. E. The se arch warrant must be executed within 10 days of the issuance date. F. Upon execution of the search warrant, a copy of the warrant and inventory of the property seized will be left at the location searched or with the responsible party. G. Within 10 days of the execution, the original warrant, affidavit, and inventory of property, will be returned to Clerk of Courts Office in the Judicial Circuit it was issued. The officer returning the search warrant to the Clerk will request a search warra nt receipt and a clerk certified copy of all the search warrant paperwork. H. This paperwork along with the officer’s report will be turned over to the Detective supervisor for review and approval prior to being submitted into the Records Unit. 297.06 Planning A. The SWAT Commander will be responsible for the planning and coordination of any search warrant served. B. The execution of a high risk warrant requires the presence and oversight of the SWAT Commander at the briefing and the execution. Prior to execution of a search warrant, a briefing packet will be completed by the lead investigator. Information will include but is not limited to the following: 1. Search Warrant/Briefing Document. 2. Copy of search warrant and affidavit. 3. Complete criminal histories and photographs of all known occupants at target location. 4. Previous calls for service at target location with case report