1. The Warrant Process Chapter Three All Images © Microsoft Corporation Written by Karmel Tanner May 2010

2. Arrest Warrants: n Warrant Clause n No Warrant shall be issued:  but upon probable cause  supported by Oath or affirmation n and particularly describing:  the place to be searched,  and the person or things to be seized

4. Arrest Warrant n Starts with Affidavit - swearing of facts n Affidavit must provide: –Facts to establish probable cause that a specific crime was committed

5. Arrest Warrant n Arrest warrant must specify: n Crime(s) charged n Identity of person to be arrested –Name and aliases “John Doe” warrant can be issued if true name is not known

6. Arrest Warrant –Description of person - give as much detail as available so that officers making arrest can verify that they have the right person: Age, DOB Height, weight, etc. n Name of court and judge that issue warrant n Date warrant was issued

7. Arrest Warrant n In Georgia, if theft, the warrant must also give a name, description, and value of the item(s) stolen and the owner n See 17-4-40

8. Search Warrants Affidavit must contain: n Facts to establish probable cause that there are items of evidence that legally can be seized with a warrant –"Totality of the circumstances" test used to determine if probable cause has been established –Information that is stale may not be used

9. Search Warrants Affidavit must contain: n Facts to establish the location of the items to be seized –Identify the building to be searched 123 North Main Street –Describe the portion of the building where the evidence is believed to be located in the garage

10. Search Warrants Warrants must contain: n Location that may be searched n Items that officers may search for n Date warrant was signed n Name of signature of judge who approved the warrant n See 17-5-21&22 for Georgia requirements

11. Electronic Surveillance Warrants n Title III and most state laws restrict use of electronic surveillance warrants to investigations of major felonies n Show normal investigative techniques have been unsuccessful or reason why these techniques will not work

12. Electronic Surveillance Warrants n Must make efforts to minimize intrusion into privacy of persons not involved in criminal activity whose conversations are intercepted n Transcripts of all seized conversations must be filed with the court n Considered MAJOR privacy invasion

13. Bench Warrant issued by judge after conviction used when person does not appear in court

14. Drafting Affidavits n Affidavit must contain facts n Judge decides if PC exists n Supreme Court currently uses the Illinois v. Gates (1983) totality of the circumstances test when evaluating whether the affidavit establishes PC n No longer necessary to establish that each piece of information came from a person known to be reliable

15. Drafting Affidavits n Police should corroborate as many facts as possible when dealing with informant whose reliability has not been established n Types of information that may be included: –Officer's first-hand observations –Information from other officers –Facts learned from informants

16. Drafting Affidavits n Facts learned from informants –Crime victims and people who witnessed crime Assumed to be credible unless facts indicate a motive to distort facts Common problem is that they do not provide sufficient details to identify perpetrator

17. Drafting Affidavits n Facts learned from informants –Confidential informants Officer knows identity of informant but has promised that identity will not be revealed –Anonymous informants Unknown person provides information without disclosing identity

18. Drafting Affidavits Stale information (facts that are too old to be reliable) cannot be used in an affidavit for a search warrant

19. Obtaining Warrant from Judge n Prepare all necessary affidavits n Complete required forms n Present affidavits and forms to judge –Must be a neutral magistrate n Local court rules may require that application be presented to specific judge

20. Obtaining Warrant from Judge n If a judge rejects application it may not be given to another judge unless affidavits have been prepared with additional facts n Search warrant must be issued by judge in the geographical jurisdiction where search will occur

21. Executing Warrants n Must take at least one copy of warrant to location where it will be executed –Person whose premises is searched is entitled to a copy of the warrant –If no one is present at the time, a copy should be left at the premises n Knock Notice applies when entering residential units

22. Executing Warrants n Knock Notice exceptions –Emergencies –Evidence destruction n Officers may search area designated in warrant

23. Executing Warrants n May look only in locations that could conceal items the warrant authorizes the officers to seize –“Elephant in a drawer” n May seize items not listed on warrant if they are found in plain view and there is PC to seize them n No authority to pick up an item and examine it to see if there is PC to seize it

24. Executing Warrants n “Returning” n Inventory of items seized during execution of search warrant is written on the warrant's "Return" n Return is filed with the court n A copy of the return must be given to the person whose premises was search or, if no one is present, left at the location

25. Arrest Warrants n Officers may make an arrest based on information in abstract of warrant n Good faith effort must be made to verify that person arrested is same one named in the warrant n Actual warrant must be produced at first court appearance

26. The Warrant Process Chapter Three