Investigative Procedures

Search Warrants

I. PURPOSE

The purpose of this Directive is to establish policies and procedures regarding the application of and execution of search warrants.

II. POLICY

Field Enforcement Bureau (FEB) agents will obtain, execute, and return all search warrants in adherence to all constitutional and statutory provisions. Search warrants will be executed in a manner that respects the individual rights of all persons and minimizes the possibility of unnecessary damage to property or injury to persons. Searches and seizures will be done in a professional manner and will be thoroughly and accurately documented.

III. BACKGROUND

The United States Constitution and the Maryland Constitution guarantee all citizens the right to be protected against unreasonable searches and seizures by the government. Specifically, law enforcement officers must have a search warrant authorizing them to conduct a search and seizure, unless the situation falls within one of the exceptions to the requirement. Further, a law enforcement officer must present a judge with an application and an affidavit that establishes probable cause to believe that evidence, contraband or some item or person subject to seizure by law enforcement officers can be found at a given location. Whenever a court determines that a search and seizure was illegal, any evidence obtained by law enforcement officers, because of that the action, will become subject to the exclusionary rule and will not be admissible in court as evidence against the defendant.

IV. DEFINITIONS

A. Affiant – The person that makes and signs an affidavit.

B. Affidavit – A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation.

C. Application – The official request to the court for a search warrant, which is attached to the affidavit.

D. Contempt of court – Any act which is calculated to embarrass, hinder, or obstruct a court in the administration of justice, or which is calculated to lessen its authority or its dignity.

E. Search Warrant – An order, issued by the court, authorizing, and directing a law enforcement officer to search a specified person, premises, vehicle, dwelling, etc., for items related to the commission of a crime.

V. PROCEDURES

A. Authority & Jurisdiction

  1. A Circuit Court Judge or District Court Judge may issue a search warrant upon receipt of application as required by law, when there is probable cause to believe that:
    1. A misdemeanor or felony is being committed by a person or in a building, apartment, premises, place, or thing within the territorial jurisdiction of the judge; or
    2. Property subject to seizure under the criminal laws of the State is on the person or in or on the building, apartment, premises, place, or thing identified in the search warrant application.
  2. District Court Judge – A District Court judge has the authority to issue a search warrant for execution in any county of this State.
  3. Circuit Court Judge – Generally, a Circuit Court judge has the authority to issue a search warrant within the geographical confines of the county in which the court sits. However, some also have state-wide authority.

B. Application for Search Warrant

  1. An application for a search warrant shall be:
    1. In writing.
    2. Signed and sworn by the applicant; and
    3. Accompanied by an affidavit that:
  2. Sets forth the basis for probable cause that a misdemeanor or felony is being committed by a person or in a building, apartment, premises, place or thing or property subject to seizure under the criminal laws of the State is on the person or in or on the building, apartment, premises, place, or thing; and
  3. Contains facts within the personal knowledge of the affiant that there is probable cause.
  4. The agent (affiant) should include in the affidavit a listing of all training and experiences that the agent has had that establishes the agent’s competency and knowledge in the type of criminal behavior that is the subject of the warrant. The agent should include the following:
    1. A synopsis of the training that the agent has received at the police academy, seminars, schools, etc., concerning the recognition of contraband, means and methods of criminals to commit crimes and attempt to conceal evidence, etc.
    2. Prior investigative experiences relevant to the case at hand, including, but not limited to, the application, issuance, and results of prior search warrants for similar criminal activity.
  5. The agent must include in the affidavit facts known to himself or herself that establishes probable cause to believe that criminal activity is occurring and/or property subject to seizure can be located at a specific location. In applying for a search warrant, agents need to pay attention to the particularity with which persons, places and items are described. For example, if an Agent is asking for authorization to search a house, a description of the house, including the house numbers and their location, should be included in the affidavit.
  6. The agent (affiant) does not sign the application for the search warrant until the agent is in the presence of the judge who is going to witness the signature, review the document, and consider issuance of the search warrant.
  7. When practical, applications for search warrants should be reviewed by an agent supervisor before presentment to a judge.

C. Search Warrant

  1. The search warrant shall be directed to a law enforcement officer and authorize the officer/agent to search the suspected person, building, apartment, premises, place, or thing and to seize any property found subject to seizure under the criminal laws of the State. The warrant authorizes the agent to utilize the assistance of other persons, including other police officers.
  2. In addition to conducting the search and seizure, the search warrant also directs the agent to leave a copy of the warrant and an inventory of all property seized, and to return a copy of the warrant and inventory to the judge within ten days after the execution of the warrant. If the warrant is not executed, the officer is instructed to return it to the judge promptly, but not later than five days after the expiration date.
  3. The warrant shall name or describe, with reasonable particularity, the following:
    1. The person, building, apartment, premises, place, or thing to be searched.
    2. The grounds for the search; and
    3. The name of the applicant on whose application the search warrant was issued.
  4. The search warrant must be executed within ten (10) days of the issuance (starting from the day of issuance). If the search warrant is not executed within the ten days, the search warrant is void.

D. Execution of Warrant

  1. Generally, search warrants obtained by FEB agents will be executed by FEB agents.
  2. When necessary, and at the discretion of an agent supervisor, FEB agents will contact allied law enforcement agencies when uniformed police presence is required, or if special circumstances exist.
  3. When a search warrant is going to be executed, the following guidelines should be followed:
    1. A briefing will be conducted and should include all agents/allied law enforcement officers that are participating in the execution of the warrant. All search warrants that involve structures (private residences, businesses, etc.) require the presence of an agent supervisor or higher rank to be present during the execution. Administrative type search warrants, to include those seeking bank records, cell phone records, credit card statements, etc. require notification to an agent supervisor prior to submission to the affected business, bank, etc.
    2. A FEB OPS Plan will be completed by the case agent and submitted to the appropriate agent supervisor for approval. The OPS plan should clearly identify specific duties of those agents/officers that are participating in the execution.
    3. All intelligence concerning risk factors and other relevant information including diagrams/photographs of the target site should be disseminated at this time.
  4. Prior to serving the warrant, and when applicable, surveillance should be conducted of the target to gather real time intelligence.
  5. Search warrants to be served in a residential setting will normally be executed between the hours of 0700 and 2300 unless special circumstances exist. Recognized special circumstances that would justify a deviation from this policy include, but are not limited to, agent/officer safety issues, destruction or loss of evidence, and the seriousness of the crime.
  6. All agents/officers will visibly display items that readily identify them as police officers, such as badges and/or jackets with the word “POLICE” on them. When possible, uniformed officers should be among the first officers to enter a structure.
  7. It is imperative that agents/officers loudly identify themselves immediately after making entry into the place to be searched.
  8. When executing search warrants on a private residence/dwelling, agents/officers may detain any persons found to be within the residence until the search has been completed. This limited detention prevents flight/escape from a potential suspect, minimizes the risk to the agents/officers executing the search warrant, and facilitates the orderly execution of the warrant, as the detainees may be asked to unlock doors or containers, thus preventing damage to property.
  9. Agents/officers, immediately upon entering a dwelling, will conduct a protective search for suspects. All persons and dangerous weapons located must be rendered safe. The use of handcuffs and other authorized, issued restraining devices is authorized. All persons located within the structure to be searched will be placed in one room and always monitored while the search is conducted. All occupants will be identified, and a wanted check completed on everyone. The lead investigator will ensure that the names and other identifying information are documented in the investigative report.
  10. The search warrant will be read to the property owner or resident as soon as practical.
  11. Property is not to be unnecessarily damaged or soiled. It is understood that some damages are unavoidable, especially at the point of forced entry.
  12. Photographs should be taken after the scene has been rendered safe and before the search begins, and again after the search has been completed. Photographs should be taken of the point of entry and all property that is going to be seized while the property is in the exact location where it was found.
  13. After the search is completed and no probable cause exists to make an arrest, all persons may be released. Those persons placed under arrest will be transported from the scene before other persons are released.
  14. Only property particularly described in the search warrant and any other instrumentalities, fruits of crime or contraband located, while searching for the items listed in the search warrant, may be seized. All confiscated property and contraband will be handled and processed per procedure.
  15. The investigating Agent will complete a police report detailing the preparations made prior to the execution of the search warrant, the facts and circumstances surrounding the execution of the warrant, and the results of the operation. Any injuries or damaged property should be noted and explained in the report. A copy of the application for the search warrant, affidavit, search warrant, and inventory will be included in the appropriate case file.

E. Inventory/Return

  1. Agents will complete a written inventory of all property seized under the authority of a search warrant. At the time the search warrant is executed, a copy of the inventory and a copy of the search warrant, application, and supporting affidavit, except an affidavit that has been sealed by order of court, shall be left with the person from whom the property was taken if the person is present or, if that person is not present, with the person apparently in charge of the premises from which the property was taken. If neither of those persons is present at the time the search warrant is executed, the copies shall be left in a conspicuous place at the premises where the search warrant was executed and from which the property was taken.
  2. If an affidavit has been sealed by order of the court, a copy of the Sealing Order should be left at the location searched in lieu of the affidavit.
  3. Within ten days of execution of a search warrant, the investigating agent will return a copy to the issuing judge, or if that judge is not immediately available, to another judge of the same circuit if issued by a Circuit Court, or of the same district if issued by the District Court. A search warrant that is not executed within 10 days after issuance shall be returned promptly to the issuing judge.

F. Obtaining Evidence from a Person

  1. Search warrants may be necessary to obtain evidence from a person, such as clothing worn, contents of a wallet or purse, etc.
  2. If an agent knows in advance that a person has or will have on their person items subject to lawful seizure, then the agent should get a search warrant. Agents should not rely upon the person’s consent as the authorization for the search.
  3. If the person refuses to permit an authorized search, the agent may use reasonable force to complete the search and seizure. Agents are prohibited from strip searches or body cavity searches and will not apply for search warrants that would authorize those types of searches.
  4. To execute a search warrant for the search of a person, premises may be entered under the same circumstances and in the same manner as allowed in the execution of an arrest warrant, and reasonable force may be used to make the search.
  5. While a search may be made only for those things described in the warrant, if, while making such a search, an agent comes upon some other evidence related to the crime being investigated, or any other crime, it may be seized.
    1. A weapon carried in violation of the law may be seized; any weapons seized by FEB agents will be turned over to an allied, full service, law enforcement agency.
    2. If a weapon is being carried legally, agents may still seize it temporarily to protect themselves. The suspect must be told where the item may be retrieved when the search is finished.

G. Contempt - Disclosure

  1. An agent who applies for, obtains, or executes or causes to be executed, a search warrant will not reveal any information whatsoever concerning the application, affidavit, or search warrant to anyone who does not have a genuine “need to know.” Any other agent who is entrusted with information concerning the application, affidavit, search warrant, or underlying case will not reveal the information, or any part thereof, to anyone without the express permission of the agent that applied for or obtained the search warrant. This mandate will be strictly enforced because the success of the investigation, as well as the safety of all concerned, depends upon the exercise of sound discretion and strict confidentiality.

VI. CANCELLATION

None