Preparation/Obtaining a Search Warrant

Application and Affidavit for Search Warrant

1) an officer's Probable Cause statement supported by oath or affirmation; (2) particularly describing the place to be searched; (3) particularly describing the items or things to be seized. And may include a request and justification for a: a. Sealing order; b. Turn-over order; c. Nighttime service request and/or; d. Search of persons present.

SEARCH WARRANTS A Search Warrant consists of three parts:

1. Application and Affidavit for Search Warrant 2. Search Warrant 3. Return

A Non-Tactical Warrant occurs

A Non-Tactical Warrant occurs when direct physical confrontation with the subject is unlikely or the subject does not have control over the items sought to be seized. No Incident Action Plan (IAP) is required on a non-tactical warrant. A non-tactical warrant applies to any of the following situations: 1. Premises Freeze; 2. Impounded Vehicle (tow yard or facility); 3. Vehicle in police custody pending issuance of a search warrant (roadside); 4. Electronic Data Storage (computers, cell phones, skimmers, internet based storage, etc.); 5. Impounded locked boxes, file cabinets, safe, etc.; 6. Safe Deposit Boxes; 7. Documents held by professional third-parties; 8. Buccal Swabs; 9. Blood Draw; 10. Body Cavity; 11. Storage facilities or any structure that is confirmed unoccupied.

Return of Service

A list of the items seized during the execution of the search warrant. A copy is left with the search warrant and the original is returned to the court within 10 days. The Search Warrant and Return shall be left "at the place of the search" or a copy may be given to the person having authority over the property. The Application and Affidavit for Search Warrant shall be left "at the place of the search" or a copy may be given to the person having authority over the property, unless a sealing order has been authorized by a judge in which case the sealing order will be left in the place of the Application and Affidavit.

NOTE:

Family Court judges do not have jurisdiction to authorize search warrants; therefore officers shall not utilize Family Court judges to sign search warrants

SEARCHES OF DIGITAL STORAGE DEVICES

Forensic examination of all digital storage devices such as computers, cell phones, digital video recorders, GPS and credit card readers (skimming devices) will be completed by the Computer Forensics Lab (CFL). This policy does not apply to the recovery of data from Crash Data Recorders or Event Data Recorders which are commonly affixed to motor vehicles. Preliminary Provisions • Digital Storage Devices, whether obtained through consent, arrest or search warrant service, will be impounded into the LVMPD Evidence Vault. Evidence will not be released directly to CFL personnel unless an immediate preview is required, and must be authorized by the CFL supervisor. • All forensic examinations will require a Computer Forensics Lab (CFL) search warrant, specific to the device(s) and the crime(s) under investigation, unless an exception is approved by CFL Supervisor. The ICAC detail will have special requirements which are subject to CAYF policy. The requesting officer will: 1. Complete the CFL Examination Package: a. The CFL Request for Service Form; b. The CFL search warrant affidavit, search warrant and return. (Affiant should complete CFL search warrant return immediately after getting warrant signed and ensure it is filed with the court.); c. Include copies of the Property Report used to impound the items; d. Include copies of the original search warrant or consent to search. 2. Delivers the CFL Examination Package either via email, fax, in person or by inter-department mail to the CFL supervisor for assignment.

OBTAINING A WRITTEN SEARCH WARRANT

If an officer determines the need for a search warrant, the officer shall confer with a supervisor to determine if a search warrant is the appropriate course of action. If the determination is made that a search warrant is to be sought, the following actions shall be taken: The officer will: 1. De-conflict their investigation by notifying LA Clear (see 5/106.30). Additionally, if during the investigation the officer discovers a conflict with another investigating detail, the investigating officer will contact the investigative detail associated with the crime being investigated to further de-conflict; 2. Draft the Application and Affidavit for Search Warrant establishing a probable cause nexus between the place to be searched and the items sought to be seized. To seize an item the affiant must have facts supporting why it is evidence; 3. If applicable, corroborate information received from informants, identifying their reliability, source of knowledge and motivation (See 5/206.24); 4. Obtain and verify the address or location of the place to be searched and provide a detailed description. 5. Corroborate and verify all information that will be put into the Application and Affidavit for Search Warrant; 6. If applicable, the following factors will be included in the Application and Affidavit for Search Warrant: 1. The names of persons who can reasonably be expected to be inside the premises at the time the warrant is to be served, with previous arrests for violence, or intelligence stating a propensity for violence; 2. Threats of violence toward police made by the suspect(s) to an undercover officer or confidential informant or other witnesses; 3. The target location is fortified with bars, walls, or shrubbery, or guarded by vicious animals or surveillance cameras; 4. Likelihood that evidence will be destroyed; 5. The justification for the use of SWAT during the service/execution of the search warrant; 6. The justification for a night time clause, sealing order, or turn-over order. 7. Once the Application and Affidavit for Search Warrant is completed, copy and paste the pertinent information into the Search Warrant to ensure it is identical. A second officer will review the Application and Affidavit for Search Warrant for accuracy prior to being given to a supervisor for review. The name and Personnel Numbers (P#) of the second officer and a supervisor who reviewed the Application and Affidavit for Search Warrant will be noted in the Officer Report reference the service of the search warrant; 8. After obtaining immediate supervisor's approval, contact a representative of the District Attorney's office to review the probable cause. The name and telephone number of the on-call representative can be obtained from the Communications Bureau. The name of the Assistant District Attorney who reviewed the Application and Affidavit for Search Warrant will be noted in the Officer Report reference the service of the search warrant; 9. Once the District Attorney approves the probable cause for the Application and Affidavit for Search Warrant, present to a judge for issuance. If the judge refuses to issue the Search Warrant, the officer: a. Will NOT attempt to find another Judge ("Judge Shopping"); and b. Will immediately notify the supervisor and District Attorney's representative who approved the warrant. The supervisor and the District Attorney may review the option of finding another judge. Any Search Warrant that has not been served within 10 days shall be marked as "Not Served" in bold letters on the top of the search warrant and will be scanned into OnBase. The supervisor will: 10. Ensure the investigating officer de-conflicted the investigation by notifying LA Clear (see 5/106.30). Additionally, when required, ensures the investigating officer contacted the investigative detail associated with the crime being investigated to further de-conflict; 11. Read the Application and Affidavit for Search Warrant, ensuring the officer has established a probable cause nexus between the place to be searched and the items sought to be seized; 12. If applicable, ensure the officer corroborated information received from informants, identifying their reliability, source of knowledge and motivation (See 5/206.24); 13. Verify all information that will be put into the Application and Affidavit for Search Warrant by reviewing all supporting documentation in the case file and the attached Incident Action Plan (if applicable); 14. Verify that all other "officer responsibilities" have been completed; 15. After review, authorize Affiant to contact a representative of the District Attorney's office for approval. Once the District Attorney approves the probable cause for the Application and Affidavit for Search Warrant, it may be presented to a judge for issuance.

OBTAINING A TELEPHONIC SEARCH WARRANT

It is the policy of the department that a written Search Warrant and Application and Affidavit for Search Warrant is the preferred investigative tool when drafting search warrants. A telephonic search warrant should be requested only when exigent circumstances exist or a written search warrant is not practical, as determined by the supervisor. All telephonic search warrants will comply with Nevada Revised Statue 179.045. The officer will: 1. De-conflict their investigation by notifying LA Clear (see 5/106.30). Additionally, if during the investigation the officer discovers a conflict with another investigating detail, the investigating officer will contact the investigative detail associated with the crime being investigated to further de-conflict; 2. Establish a probable cause nexus between the place to be searched and the items sought to be seized. To seize an item the affiant must have facts supporting why it is evidence; 3. If applicable, corroborate information received from informants, identifying their reliability, source of knowledge and motivation (See 5/206.24); 4. Obtain and verify the address or location of the place to be searched and provide a detailed description. 5. Corroborate and verify all information that will be dictated into the Application and Affidavit for Search Warrant; 6. Verify requirements for the Application and Affidavit for Search Warrant and Duplicate Original Search Warrant: a. the name and title of the applicant; b. a statement that there is probable cause to believe that the specific items subject to seizure under the Nevada Revised Statutes may be found in or upon a specific designated or described place, person, or thing; c. allegations of fact supporting the statement, specifically setting forth the facts and circumstances establishing probable cause to believe that items are at the places, persons, or things to be searched; and, d. a request that the court issue a search warrant directing search for and seizure of the items in question. 7. If applicable, dictate into the Application and Affidavit for Search Warrant: a. The names of persons who can reasonably be expected to be inside the premises at the time the warrant is to be served, with previous arrests for violence, or intelligence stating a propensity for violence; b. Threats of violence toward police made by the suspect(s) to an undercover officer or confidential informant; c. The target location is fortified with bars, walls, or shrubbery, or guarded by vicious animals or surveillance cameras; d. The likelihood that evidence will be destroyed; e. The justification for the use of Special Weapons and Tactics during the service/execution of the search warrant; f. The justification for a night time clause, sealing order, or turn-over order. 8. Draft the Duplicate Original Search Warrant that shall include: (1) an officer's probable cause statement supported by oath or affirmation incorporating by reference the Application and Affidavit for Search Warrant; (2) particularly describing the place to be searched; and (3) particularly describing the items or things to be seized. If requested and good cause found, a court may include a night-time service request; 9. When practicable, ensure a second officer will review the probable cause details for accuracy prior to briefing the supervisor; 10. Provide a briefing to the supervisor describing all details related to the telephonic search warrant affidavit. The name and P # of the second officer (if applicable) and supervisor, who approved the telephonic search warrant affidavit will be noted in the Officer Report reference the service of the search warrant; 11. After obtaining supervisor's approval, contact a representative of the District Attorney's office to review the probable cause of the telephonic search warrant affidavit. The name and telephone number of the on-call representative can be obtained from the Communications Bureau. (Consulting the District Attorney for the application of a telephonic search warrant is at the discretion of the Bureau Commander, i.e.: Homicide, SWAT, Armor and CNT); 12. Once the District Attorney approves the probable cause for the telephonic search warrant affidavit, contact the Communications Bureau to receive a signing judge's name and telephone number; 13. Contact the judge and immediately request permission to record the conversation before reading the telephonic application. If the judge refuses to issue the Search Warrant, the officer: a. Will NOT attempt to find another Judge ("Judge Shopping"); and, b. Will immediately notify the supervisor and District Attorney's representative who approved the warrant. The supervisor will: 14. Ensure the investigating officer has de-conflicted the investigation by notifying LA Clear (see 5/106.30). Additionally, when required, ensures the investigating officer contacted the investigative detail associated with the crime being investigated to further de-conflict; 15. Receive a briefing on all details related to the telephonic search warrant affidavit, ensuring the officer has established a probable cause nexus between the place to be searched and the items sought to be seized; 16. If applicable, ensure the officer corroborated information received from informants, identifying their reliability, source of knowledge and motivation. (See 5/206.24); 17. Verify all information that will be put into the telephonic search warrant affidavit by reviewing all supporting facts of the case and the attached Incident Action Plan (if applicable); 18. Verify that all other "officer responsibilities" have been completed; 19. After review, authorize Affiant to contact a representative of the District Attorney's office for approval. Once the District Attorney approves the probable cause for the telephonic search warrant affidavit, a judge may be called for approval.

SEARCH WARRANT CLASSIFICATIONS

It is the policy of the department that there are ONLY two classifications of search warrants: (1) NON-TACTICAL (2) TACTICAL. It is the policy of this department that the use of SWAT to serve Tactical Warrants is preferred.

SPECIAL CIRCUMSTANCES FOR TASK FORCE OFFICERS

Memorandums of Understanding (MOUs) creating task forces determine what policy task force officers must follow. Telephonic search warrants can only be completed pursuant to state law. Task force officers must be familiar with "turn over orders" and understand what circumstances require officers to request that such an order be included in a search warrant. See LVMPD 378 and see definition of "turn over order."

SERVICE OF A TACTICAL, NON-SWAT SEARCH WARRANT

Search Warrant Service Team will: 1. Establish a perimeter around the target location and place a marked patrol vehicle in plain sight of the target premise, when possible; a. If a marked patrol vehicle cannot be placed in plain sight of the target premise (i.e., target premise is an apartment located in the interior of the complex), a marked patrol vehicle will, nonetheless, be placed in a conspicuous location as nearby as practical to the target premise. 2. Give appropriate notice of IDENTITY AND PURPOSE to the person(s) to be searched or the persons in actual or apparent control of the premises to be searched before entering the premises. a. If it is unclear whether anyone is present, officers must give the notice in a manner to be heard by anyone who is present (i.e.: Bull horns or vehicle public address system will be used to ensure that persons in the premises can hear the announcement); 3. Upon entering a structure, use the minimal amount of force necessary to serve the warrant. 4. Once area is secure: a. Carry out all assignments pursuant to the Search Warrant Incident Action Plan; b. Ensure photographs are taken of the interior of the structure; c. Ensure photographs are taken documenting evidence and damage that may have occurred. 5. At conclusion of search: a. Complete the Search Warrant Return and LVMPD Property Report describing the items seized pursuant to the search warrant; b. Leave a copy of the search warrant, application and affidavit for search warrant or seal and return at the location of the search; c. Complete exit photos to include search warrant documents left at location of search. The supervisor will: 1. Participate in the service phase of the search warrant; a. If multiple search warrants are being served simultaneously or consecutively, ensures additional supervisors are assigned and briefed for each location. 2. Ensure, upon the conclusion of the search, that: a. The Search Warrant Return and LVMPD Property Report describing the items seized pursuant to the search warrant has been properly completed; b. All evidence/confiscated property has been collected by the search teams and properly documented; c. Copies of the search warrant, application and affidavit for search warrant or seal and Return are left at the location of the search; d. Complete exit photos have been taken to include search warrant documents left at location of search; e. All team members' personal and department issued equipment is removed from the location of search; f. Ensure search team members do not make statement regarding liability for repairs. Such determination will be handled through the Risk Manager. If applicable, contact the on-call Risk Management representative regarding unusual circumstances. The name and telephone number of the on-call representative can be obtained from the Communications Bureau. 3. Coordinate the securing of the premises in a manner so as not to appear open to passersby

Search Warrant

The Search Warrant - A court order issued upon: (1) an officer's Probable Cause statement supported by oath or affirmation; (2) particularly describing the place to be searched; and (3) particularly describing the items or things to be seized. If requested and good cause found, a court may include a sealing order, turn-over order, and/or night-time service request.

SERVICE OF A TACTICAL SWAT SEARCH WARRANT

The officer will provide to SWAT as soon as possible: 1. The Search Warrant Incident Action Plan, LVMPD 289D; 2. The Search Warrant and Affidavit. a. For written warrants, a copy (either signed or unsigned) will be e-mailed to the "SWAT WARRANTS" mailbox. A signed copy will be provided to the SWAT supervisor prior to service of the search warrant. b. For telephonic warrants the Affiant will identify the target location and share all pertinent information with a SWAT representative. A signed copy of the Duplicate Original Search Warrant and a transcribed copy of the Application and Affidavit will be sent via interoffice mail to the assigned SWAT supervisor. The supervisor will: 3. Ensure that prior to entry all information has been provided by the officer to SWAT.

V. PREPARATION OF A TACTICAL, NON-SWAT WARRANT (SWAT is not serving the tactical warrant)

The officer will: 1. Draft the Search Warrant Incident Action Plan (LVMPD 289D); 2. Call the officer's line and notify the Communications Bureau that a search warrant will be served in the area; 3. Conduct a mandatory pre-operational briefing. The following information must be recorded on either a white board or other media. a. Event number; b. Location; c. Sector beat area command; d. Case officer; e. Intelligence data (known threats to the operation are not present; i.e. dogs, weapon, children, elderly, medical issues of resident); f. Route to target location; g. A diagram of the residence; h. Personnel and assignments. 4. Ensure a photograph is taken of all diagrams (white board or other media) and placed in the case file and uploaded into On-Base. The immediate supervisor will: 5. Ensure that Search Warrant and Search Warrant Incident Action Plan is complete and accurate; 6. Approve and sign the IAP, thus indicating that the supervisor has an understanding of the investigation and investigative strategy; 7. Ensure that briefing is conducted and that entry team members have the proper certification and equipment; 8. Determine entry team and search team assignments; 9. When necessary, coordinates with the Area Command supervisor for uniformed officer presence, K-9 and the air unit, until the scene is secure; 10. Consider the need for the presence of medical personnel on stand-by prior to the search warrant service and have a downed officer rescue plan in place; 11. When feasible, establish surveillance 30 minutes prior to search warrant service; 12. Ensure the warrant is being served between 7 a.m. and 7 p.m., unless a nighttime search warrant request was authorized by the judge allowing officers to search at any time of the day or night. 13. Consider the use of a trick or ruse to cause the occupants to exit the premise; this is lawful to do so long as: a. The ruse does not endanger the occupants or create an impression that they are endangered; b. Once the subjects exit the premise, the officers will announce their authority and identify themselves before entering; 14. Contact the section lieutenant to evaluate Search Warrant tactical options. Section Lieutenant will: 15. Evaluate and approve the designated Search Warrant tactical options. D. Communications Dispatcher will: 16. When an officer calls to notify the Communications Bureau that a search warrant will be served, generate an event number; 17. Obtain the location and approximate time of service of the search warrant; 18. Notify the area command supervisor via notepage or administrative message and via telephone.

POST SERVICE SEARCH WARRANT REQUIREMENTS

The officer will: 1. Impound all evidence pursuant to LVMPD Policy 5/210.02; 2. Complete a detailed officer's report including but not limited to: a. Location; b. Items seized and their location; c. All persons present during service of search warrant; d. Damage to structure or other property; e. How structure was secured at conclusion of service of search warrant. 3. Send copies of the search warrant documents to Records Bureau or maintain in a unit case file; the event number must be included on all information sent to the Records Bureau. 4. Send the original search warrant, application and affidavit for search warrant, and return to originating court within the ten (10) days pursuant to NRS 179.075. The supervisor will: 5. Ensure that all officers' responsibilities have been completed; 6. If damage to the structure or property occurred, forward a copy of the Officer's Report to the Risk Management Section.

A Tactical Warrant is

any warrant not previously defined as a Non-Tactical Warrant. Affiants must prepare a Search Warrant Incident Action Plan (LVMPD 289D). Tactical Warrants require an assessment of the following factors: 1. Violent criminal history or unidentified person(s) likely to be present when the warrant is to be served; 2. Likelihood that weapons will be encountered; 3. Defensive preparations, including counter/video surveillance, fortifications, dogs, etc.; 4. Presence of children, elderly persons, persons with other medical conditions etc.; 5. Other threats known to affiant. If none of these factors (B. #1-5) are present the warrant will be classified as a Tactical, Non-SWAT Warrant. As such, it may be served by the originating unit, providing that all training requirements for service of a search warrant have been met in accordance with department policy (See training requirement). However, if any of these factors (B. #1-5) are present, the Affiant's supervisor will contact LVMPD SWAT section supervisor to evaluate known threats and, together, determine whether use of SWAT is necessary. If the two supervisors are in disagreement regarding the use of SWAT in serving the warrant, SWAT will serve the warrant.