0016 - SEARCH WARRANT CHECKLIST PROCEDURES

LOS ANGELES COUNTY SHERIFF’S DEPARTMENT

  DETECTIVE DIVISION    

 SPECIAL VICTIMS BUREAU

PURPOSE:

The purpose of this bureau order is to provide guidelines for personnel assigned to the Special Victims Bureau (SVB), on the search warrant and Records and Information Bureau (RIB) checklist procedures.

POLICY:

The Manual of Policy and Procedures, Revision dated January 12, 2009, a checklist must be completed whenever a search operation (search warrant, probation, parole search or a search of a fixed location) is anticipated.  The two-page Search Warrant Preparation Checklist form (SH-R-461) must be completed and an URN number obtained prior to the service of the warrant.  If there is already an URN number issued for the investigation, there is no need to obtain another URN number.  However, you must list on the classification line Search Operation / 810, along with all charges on the subsequent supplemental reports.  This will ensure the search operation is tracked through LARCIS.   

All SVB Sergeants are to ensure that investigators understand how to complete the search warrant checklist forms thoroughly and accurately, by holding team meetings with staff to discuss the procedures and guidelines.

SVB personnel traditionally deal with two types of search warrants.  The first being a warrant for records only, i.e., medical and/or school records, telephone bills or utilities statements. The second type of warrant is for the search and seizure of actual evidence of a crime, i.e., clothing, biological evidence, etc.  Each of these warrants requires specific notifications and documentation.

Team sergeants and investigators shall ensure the following procedures are followed:

1. SEARCH WARRANT FOR RECORDS ONLY

This covers hospitals, schools, etc., where investigators expect full and complete cooperation.

1. 1. WARRANT PREPARATION

1. 1. 1. The search warrant must be reviewed and approved by the Team Sergeant prior to submitting it to a Judge.  The search warrant shall be reviewed by the Field Lieutenant prior to execution of the warrant.  After the warrant is granted, complete the two-page check list (Refer to SH-R-461).  

No Detective Division Operations Plan is needed if the warrant is being served at a business for records only.  If a tactical situation is anticipated, then an Operations Plan is required.

1. 1. 2. Notify the Team Sergeant and submit all documents for review and approval.

After the search warrant and checklist are reviewed and approved, the Team Sergeant will submit all documents to the Field Lieutenant for approval.

NOTE: The Team Sergeant and Field Lieutenant will sign or initial all documents indicating that review and approval has been given prior to service.

3.         Call the SVB Field Lieutenant and advise that you will be serving the warrant.

4.         Serve the search warrant.  No sergeant is required for a Records Only warrant.

5.         The Team Sergeant shall sign as the Incident Commander on this type of warrant, and must note on the checklist (upper right-hand corner) indicating whether or not the warrant was served.

6.         The Team Sergeant will log the warrant in the SVB warrant file.

NOTE: No audio or videotape required on these warrants.

B.        AFTER WARRANT HAS BEEN SERVED (OR NOT SERVED)

1.         Submit completed checklist, Operations Plan, first report, property receipt, and copy of search warrant to the Team Sergeant, within fifteen days of serving the warrant. The documents will be submitted in a large manila envelope with a Search Warrant Checklist attached to the face.  The Team Sergeant will review and acknowledge that all required documents are contained in the envelope.

2.         The Team Sergeant will immediately submit the approved documents to the SVB Field Lieutenant.

3.         The Team Sergeant will log the warrant in the SVB warrant file.

4.         The Field Lieutenant will maintain these documents in a locked file cabinet for five years after the date of the warrant service.

2. SEARCH WARRANT AT A RESIDENCE OR BUSINESS - (TACTICAL  SITUATION)

1. 1. FOLLOW STEPS OUTLINED ABOVE

1. 2. SERVICE OF WARRANT

1. A Sheriff’s Department sergeant will be present when the warrant is served.  The sergeant will be designated as the Incident Commander.  It is preferred that a SVB sergeant be present for this service, but in his absence, another unit’s sergeant can be used.

2. Audiotape Knock and Notice.

3. After entry has been made and the location is secured, the Team Sergeant will videotape the location prior to any search.  All occupants at the location will be captured on videotape and will be asked to announce their name, DOB, and address.  The Team Sergeant will also ask for the property caretaker to identify any large sums of money, high-dollar jewelry, or weapons at the location.

4. During search operation, the Team Sergeant will oversee the search and seizure of property.  A scribe will be assigned to document the actions of the search team.
   3. AFTER WARRANT HAS BEEN SERVED

1. 1. 1. After completion of the search, the Team Sergeant will videotape the location prior to securing it.

1. 1. 2. The Team sergeant, whenever possible, will have the primary resident walk through the location and ask them on tape if:

1. 1. 1. 1. Any property was damaged.
         2. Any cash or other valuable item had been removed without their knowledge.

C.        They have any questions or concerns. 

1. 1. 3. The investigator must: (1) Leave a copy of the property receipt at the location, (2) Maintain the original receipt in the checklist package, and (3) Provide a copy of the search warrant to the occupants.

4. Secure location prior to leaving.

5. The Incident Commander will complete the appropriate paperwork on the checklist form indicating the warrant was served, noting the date and time.  All reports, forms, cassette tapes, and videotapes in the search warrant package will then be submitted to the Team Sergeant. 

6.         The Team Sergeant will review and approve that all forms are within the packet, and will submit the completed package to the Field Lieutenant.  The Field Lieutenant will maintain the package in a locked cabinet for five years from the date of service of the warrant.

ADDITIONAL INFORMATION:

Records and Identification Bureau

12440 East Imperial Hwy., Suite 400-W

Norwalk, California 90650.

Should the handling detective decide not to serve a signed search warrant, the detective must fill out the checklist and indicate that the search warrant was not served. The detective must then submit a search warrant package, just as if the warrant had been served.  In this case, there would be no need to use the Stat Code 810 in the subsequent supplemental reports.

Additional reference and search warrant/tactical situations policies:

• Manual of Policy and Procedure revision dated January 12, 2009
• Field Operations Directive 89-3 (Tactical Operations involving Detective Personnel)
• Headquarters Detective Bureau Operational Plan
• Field Operations Directive 00-09 (Search Operations)
• Field Operations Directive 00-08 (Use of Informants)

Reviewed and approved by:

___________________              

Richard Ruiz, Captain                                                                    

Special Victims Bureau