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Part one crimes are?
Homicide, Arson, Assault, Auto, Rape, Robbery, Burglary, and Larceny.
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Part two crimes?
All other felony and misdemeanor crimes; Incidents such as PC 13730's, deputy involved property damage, attempted suicides, actual suicides, lost/found property, missing persons and death investigations.
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When is homicide called out?
Suspicious Death, OIS, In Custody, Adult Kidnap, Homicide, Suicide, SIDS, Assault with death probable
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What are the three parts of a search warrant?
- Warrant – An order in writing, in the name of the people, signed by a magistrate, directed to a peace officer commanding him to search for a person, a thing or things, or personal property, and bring it before the magistrate. (PC 1523)
- 2. Affidavit – A sworn statement by the affiant describing the probable cause to search a particular person, place, or thing for a specific person, property, or things.
- 3. Receipt and Inventory - Lists of property seized as a result of a search warrant
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What are the items which must appear on a search warrant?
- 1. Names of all affiants
- 2. Statutory grounds of issuance
- 3. Description of places and/or persons to be searched
- 4. Description of the property to be seized
- 5. Indication if nighttime service is authorized
- 6. Judge’s signature
- 7. Date issued
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What are the statutory grounds for issuance of a warrant per 1524 PC (**Note – this question was not on the last 2 tests, but rumored to return due to demand and outcry**)
- 1) Stolen or embezzled property
- 2) Property or items used as means to commit a felony
- 3) When the property or things are in the possession of any person with the intent to use them as a means of committing a crime, or in the possession of another to whom he or she may have delivered them for the purposed of concealing them or preventing their being discovered
- 4) Property or items that are evidence to show a felony was committed or that show a particular person committed a felony
- 5) Property or items of evidence of sexual exploitation of a child
- 6) Person already has a warrant for their arrest
- 7) When provider for electronic communication service has records or evidence showing that property was stolen or embezzled, or they possess property with the intent to use them as a means for committing a public offense.
- 8) Labor code 3700.5
- 9) When item to be seized is a deadly weapon and/or firearm from a domestic violence scene
- 10) W&I 8102
- 11) DUI chemical test refusal to obtain blood sample
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What do you leave at the scene of a search warrant?
Copy of the search warrant and copy of the Receipt & Inventory.
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Unless night service is authorized, a search warrant must be served
after 0700 hours and before 2200 hours. 0700 – 2200
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Unless night service is authorized, an arrest warrant must be served
after 0600 hours and before 2200 hours. 0600 – 2200 for misd anytime for felonies.
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When can night service be requested?
When the likelihood of destruction of evidence or it becomes a safety issue.
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How many days do you have to serve a search warrant?
10 Calendar Days
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