Term
| CHAPTER ?? of the Florida State Statues pertains to search warrants. |
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Definition
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Term
| The Supervisor in charge shall |
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Definition
(1) Determine if the search warrant is high risk in nature by completing the Search Warrant Request Checklist (P-0394) Section 6 (Tactical information). If any of the items in Section 6 Tactical Information are answered “Yes”, the supervisor in charge will confer with a SWAT supervisor to determine if the SWAT team will serve the warrant;
(2) Authorize and coordinate the execution of the warrant and ensure that a Narcotics Information Network Joint Agency System (NINJAS) de-confliction request has been completed and submitted at least two hours prior to the warrant being served. NINJAS is a cross reference information source that prevents other officers, units and outside agencies from conducting investigations, search warrants or arrest warrants that would interfere with on-going investigations. Officers needing NINJAS confirmation shall fill out the NINJAS submission form and submit it by fax (904) 346-5149 or on-line (http://162.143.24.118) to the Northeast Florida Investigative Support Center;
(3) Complete an Operations Plan and briefing that includes assignments for both entry and search procedures;
(4) Be present throughout the execution of the warrant;
(5) Ensure, at a minimum, that photographs and/or video(s) are taken prior to commencing the search and at the conclusion of the search;
(6) Determine how many back-up officers will be needed for the execution of the search warrant;
(7) Hold a briefing prior to the execution of the warrant. The briefing shall include photographs and charts if possible;
(8) Assign specific duties to involved officers ensuring assignments are noted in the case file, i.e. who searched what room;
(9) Ensure that officers are aware of the Jacksonville Sheriff's Office policy and procedures for response to resistance, including the use of deadly force; |
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Term
| It is not necessary for officers to announce their presence prior to entry if |
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Definition
(1) The person(s) within the premises already knows of and acknowledges the officers’ authority and purpose. Officers will ensure that their presence is recognized by person(s) within the premises;
(2) The officers have a justifiable belief that a person or persons within the premises are in imminent danger of bodily harm;
(3) Announcing the officers presence increases the danger to the officers; or
(4) The officers have a justifiable belief that an escape from the residence or destruction of evidence will be attempted if the officers’ presence is announced.
(a) Officers must have articulable knowledge that the risk of escape or destruction of evidence is imminent. This can be achieved through informant statements or previous knowledge or encounters with the person(s).
(b) It must be articulated that evidence is kept in a manner which can be easily destroyed (near a toilet or sink expressly for the purpose of possible destruction).
(c) The mere fact that evidence can be easily destroyed is not enough to justify a no knock and announce entry. If officers believe this threat to be justified, they must seek verifying information. |
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Term
| Return of a Search Warrant |
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Definition
One of the original signed search warrants must be left with the person named in the warrant. If the person named in the warrant is not present, the warrant will be left with the person in charge of the premise. If no one is present the warrant will be left in a conspicuous place at the premises subject to the warrant.
b. The other original signed search warrant and inventory will be returned to a Judge for the Judge's signature, and to convey the outcome of the search. UNDER NO CIRCUMSTANCES SHALL AN OFFICER EVER KEEP AN ORIGINAL SIGNED SEARCH WARRANT THAT HAS BEEN ISSUED BY A JUDGE.
c. Executing law enforcement officers, will within ten (10) days of the service of the warrant and upon return of the inventory and signature of the judge, hand carry the original warrant to Felony Intake (located in the State Attorney’s Office law enforcement entrance on Duval St.) for logging and filing with the Clerk of the Court. The SAO Felony Intake Department will file the original search warrant with the Clerk of the Court. |
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Term
| If a warrant is served, no contraband is found, and no arrests are made, a copy of the search warrant will be filed with the |
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Definition
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Term
| If a warrant is not served in a timely manner, or the officer decides to let it lapse, the original signed warrants will be returned to the Felony Intake Department of the SAO within |
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Definition
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Term
| The completed case file from the Patrol Division and reports from the Investigations Division must be delivered to the Narcotics/Vice Section within ? working days of |
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Definition
| TEN DAYS unless approved by an Assistant Chief or higher |
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Term
| Per the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Section 12 of the Florida Constitution, officers may not conduct a search without a search warrant unless an exception applies. The exceptions are explained below and may be recalled through the use of the acronym PEACH PIT: |
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Definition
Protective sweep
Exigent circumstances
Arrest
Consent
Hot Pursuit
Inventory
Terry stop |
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Term
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Definition
| A suspect may not defeat a lawful arrest that was initiated in a public place by fleeing to a private place. In addition, the Fourth Amendment does not require police officers to delay an investigation if to do so would gravely endanger their lives or the lives of others. |
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Term
| Officers may enter into a residence or other structure when in hot pursuit of a fleeing suspect. |
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Definition
a) Hot pursuit of a suspected misdemeanant is permissible where the misdemeanor is punishable by a jail sentence.
(b) If an officer has announced his or her authority and purpose (to arrest) and is in hot pursuit of a felony suspect, the officer may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be. |
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Term
| 1) Officers may make a warrantless nonconsensual entry into a residence or other property whenever there is reasonable belief that: |
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Definition
| 1) Officers may make a warrantless nonconsensual entry into a residence or other property whenever there is reasonable belief that: |
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Term
| If officers reasonably believe that there is evidence of a crime in a residence or other property, and that such evidence would dissipate or be destroyed before a search warrant could be obtained, entry may be made for the purpose of preserving that evidence. |
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Definition
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