GENERAL POLICE ORDER
CLEVELAND DIVISION OF POLICE
ORIGINAL EFFECTIVE DATE:
October 24, 2005
REVISED DATE:
October 20, 2015
NO. PAGES:
1 of 11
NUMBER:
2.2.04
SUBJECT:
WARRANT SERVICE
ASSOCIATED MANUAL:
RELATED ORDERS:
3.2.09
CHIEF OF POLICE:
Calvin D. Williams, Chief
Substantive changes are in italics
PURPOSE: To ensure that search warrants are served in a legal and constitutional manner
that ensures the safety of all members involved as well as the safety of
innocent bystanders and subjects; retrieval of evidence is a secondary
concern after safety issues are addressed. To provide guidelines for
documenting and serving search warrants so they are documented and served
in a uniform manner throughout the Division.
POLICY: Members of the Cleveland Division of Police shall obtain a review and
approval of search warrants from their immediate supervisor before
contacting the court. Members shall consult with the appropriate prosecutor
for advice in drafting the search warrant and affidavit. The primary goal of
any high-risk, tactical operation is always safety.
Search warrants are one of the most valuable and powerful tools available to
law enforcement officers. They aid in detecting and arresting persons who
have committed crimes and in procuring evidence in criminal cases. They
prevent the suppression of evidence and dismissal of cases on procedural
grounds. Search warrants develop public confidence in the Division when
carried out ethically, lawfully, protecting the constitutional rights of citizens,
and protecting against civil liability. Successful search warrant service is
comprised of three components: planning, execution, and documentation.
PROCEDURES:
I. Members shall comply with the following mandates.
A. Unless specifically requested by the judge, members shall not take
confidential informants to the judge's home when applying for a search
warrant.
B. If the judge makes such a request, the involved supervisor shall contact the
judge to set an appointment.
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SUBJECT:
WARRANT SERVICE
GPO NUMBER:
2.2.04
C. Affiant members and their supervisors will direct and control those who aid
in the service of search warrants.
D. Final responsibility for proper service of search warrants remains with the
affiant member and the supervisor in charge.
E. Members shall notify their immediate supervisor before aiding in the service
of a search warrant obtained by another law enforcement agency. The
supervisor will respond to ensure the search warrant meets Divisional
standards.
F. Members shall seek permission from their immediate supervisor before
allowing a third party into the home during the execution of a warrant.
Permission shall only be granted if the third party’s presence will aid in the
execution of the warrant.
G. Every effort should be made to conduct searches involving school or adjacent
school property at times other than arrival or dismissal or any other time
children are likely to be present.
H. When conducting a search on or near school property the supervisor in
charge shall ensure that the Communications Control Section (CCS) is
notified. CCS shall notify the Chief of the Cleveland Metropolitan School
District (CMSD) prior to any search on CMSD property or adjacent areas.
CCS shall notify the appropriate authority for schools other than CMSD.
I. If a search is required for a student in class.
1. The supervisor shall advise the principal and request security
assistance.
2. Members shall make every effort not to enter a classroom. When ever
possible, the student shall be brought to a secured office area.
II. Obtaining a Search Warrant.
A. An affidavit is the basis for a search warrant. A search warrant is valid when
the affidavit satisfies the legal requirements for such warrants. Members shall
prepare the affidavit stating the following information.
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SUBJECT:
WARRANT SERVICE
GPO NUMBER:
2.2.04
1. The nature of the offense. The affidavit and warrant must describe the
actual criminal offense being investigated.
2. A precise description of the place to be searched. Affiant members
must have knowledge or verify the exact location in order to obtain the
warrant, (e.g., house, apartment, floor, and door where officers will
enter to serve the search warrant). Supervisors shall confirm that
affiant members have this personal knowledge before approving plans
for serving the search warrant.
3. Where possible, use the actual street addresses. Ensure the address
given is complete and accurate. Include a brief description of the
premises and exact portion of the house or other building to be
searched. Example: Apartment #28, 5
th
floor, inside the large brown
brick apartment building located at 3500 Main St., Cleveland, Ohio.
4. When searching a motor vehicle, include the name of the owner (if
known), the make and license number of the vehicle, (e.g.: a 1976
Chevrolet Cavalier, red in color, bearing Ohio license plate number
123ABC. License plates on said vehicle are registered to John Doe,
550 Madison Ave., Cleveland, Ohio).
5. Specify in the affidavit and warrant the items or persons sought. When
searching for evidence there are four categories of items that may be
the subject of a search warrant:
a. Evidence of the commission of a criminal offense.
b. Fruits of a crime.
c. Instruments of a crime, weapons or other things by means of
which a crime has been committed or reasonably appears about
to be committed.
d. Contraband or things otherwise criminally possessed.
6. Absent consent or exigent circumstances, an arrest warrant is required
to search a subject’s home, or place where he/she is expected to be
living, for that subject.
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SUBJECT:
WARRANT SERVICE
GPO NUMBER:
2.2.04
7. Absent consent or exigent circumstances, and if probable cause exists
to believe that the subject of an arrest warrant is in a third party home
not mentioned in the arrest warrant itself, a search warrant must be
obtained to search that home for the suspect.
a. Although the person wanted on the arrest warrant does not have
his individual right to privacy violated by an entry into a third
party home without a search warrant, the homeowner’s right to
privacy cannot be overcome in these situations with an arrest
warrant alone.
b. If a search of the premises where the person wanted on an arrest
warrant is conducted by officers who have only an arrest
warrant for that person, any evidence seized during the search
that can be used against the homeowner will likely be suppressed
and civil liability exists, even if the subject of the arrest warrant
is found to be present.
B. Members may seize items discovered during the search.
1. That are named or described in the warrant, or
2. That are not named or described in the warrant, are discovered in plain
view, or in any area or container capable of holding the evidence or
person(s) sought in the warrant, and sufficient cause exists that they are
related to the crime being investigated or are evidence of other crimes.
C. Probable cause.
1. Probable cause for a search warrant is comprised of facts and
circumstances strong enough by themselves to cause a prudent officer
to believe articles subject to seizure are being held on the property, or
that the person wanted in the arrest warrant is present.
2. Members may have either first or second-hand knowledge of the facts.
a. If second-hand knowledge involves information from an
undisclosed informant, the member must be able to support the
informant’s trustworthiness. Explain how the informant had a
reasonable basis for obtaining the information.
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SUBJECT:
WARRANT SERVICE
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2.2.04
b. Independent corroboration by members of investigative details
will assist in showing reliability of second hand knowledge.
D. Complete the search warrant form in duplicate.
E. Direct the search warrant to the head of the local law enforcement agency
where service will occur.
III. Requesting a “No Knock” Search Warrant.
A. In addition to the probable cause listed in Section II. C. to obtain a “No
Knock” search warrant, the affiant member shall include four points.
1. Show why the police need a "No Knock" waiver (e.g., risk of serious
physical harm to the law enforcement officers who execute the warrant,
violent history of suspect).
2. Give the names and descriptions of armed suspects he believes may try
to harm officers during the search.
3. Give a statement showing a connection between the address in question
and the criminal activity. (e.g., the building owner states Jane Doe is
the resident on record for apt. #5, 1234 Smith St. Jane Doe is the wife
of suspect John Doe.)
4. Add the waiver, just above the judge’s signature on the warrant:
"Furthermore, for good cause shown, I waive the statutory precondition
for nonconsensual entry."
B. After review by a supervisor, contact the appropriate city, county, or federal
prosecutor. The prosecutor will review the warrant and affidavit for accuracy
and completeness. Arrangements shall be made for the judge to review and
sign two original copies of the search warrant.
C. The SWAT Unit, Gang Impact Unit members trained in warrant execution, or
another (local, state, or federal) tactical team shall assist in executing all
"No Knock" search warrants.
IV. Service of the Warrant.
A. Search warrant service normally occurs during daylight hours defined by
State law as 0700 hours to 2000 hours. If a nighttime search is required, the
reasons that make it so shall be clearly stated in the affidavit.
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SUBJECT:
WARRANT SERVICE
GPO NUMBER:
2.2.04
B. Without the nighttime entry specification, the warrant restricts the officer to a
daytime entry. A detailed and thorough search starting during the daytime
may extend into the night without becoming an illegal search.
V. Supervisor’s responsibility before entry.
A. Have members of the affiant unit, if available and circumstances allow, begin
watching the premises approximately one hour before serving the search
warrant.
1. Estimate the number, nature, and sex of probable occupants.
2. Determine whether there are others in the premises requiring special
consideration during the entry (e.g., children, elderly, dog).
3. It is recommended that a uniformed basic patrol officer(s) be present
prior to entry.
B. Determine how many members it will take to safely enter the premises and
conduct a thorough controlled search. Limit the size of the search party to the
number of personnel needed to carry out the search properly.
C. Ensure the Pre-Entry Planning Report (Attachment) is completed.
D. Obtain the aid of the SWAT Team in the service of high-risk search or arrest
warrants.
1. A high risk search warrant is one where the officers expect at least one
of the following situations:
a. Fortified locations.
b. Armed subject.
c. Subject has an outstanding warrant for Homicide, Rape,
Felonious Assault, Aggravated Robbery, or Aggravated Assault.
d. Any other situation where the potential for violence is great (No-
Knock search warrants).
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SUBJECT:
WARRANT SERVICE
GPO NUMBER:
2.2.04
e. A probate warrant with sufficient information to believe that
situations A-D (above) may exist.
2. When possible, submit requests to use SWAT through the SWAT
commander before preparing the warrant.
3. SWAT personnel shall handle the entry phase of all high-risk searches
and shall secure the premises. The unit obtaining the search warrant is
responsible for the actual search.
E. Conduct a detailed briefing.
1. Include the use of charts, photographs, floor plans, etc., where
available.
2. Assign specific duties to each individual.
3. Select a specific radio channel to use during service of the search
warrant.
4. Inform all officers involved of the type of warrant being served, the
exact location and description of the residence or facility in question.
5. Describe the suspects in detail.
6. Assess doors for their locations and accessibility. Include their
direction of opening, material construction, and locking devices.
7. Identify the best route for approaching the location.
8. Assess the types of weapons and fortification expected, including
possible booby traps.
9. Complete a detailed Pre-Entry Planning Report. Supervisors shall
ensure that DECONFLICTION through the HIDTA is completed.
10. Know the location of the nearest hospital.
11. Determine the evacuation command word. When announced this term
serves to signal the immediate evacuation of the premises due to the
presence of a safety hazard (e.g., methamphetamine lab, booby traps).
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SUBJECT:
WARRANT SERVICE
GPO NUMBER:
2.2.04
12. Ensure that all involved members are wearing body armor.
VI. Gaining entry.
A. A supervisor shall be on the search warrant scene during the service of all
search warrants.
B. A supervisor shall ensure the perimeter of the premises is secure before entry.
Have all doors and windows under observation.
C. Members shall clearly notify persons inside the search site of their authority
and purpose. Example: “Police officers, search warrant, open the door”.
D. Use force to enter the premises only after waiting a reasonable amount of time
for an occupant to open the door.
1. A reasonable amount of time is that time necessary for an occupant to
reach the door from the furthest part of the premises.
2. If, while waiting for the door to open, there is some sign the occupant
is fleeing, fortifying their position, destroying evidence or contraband,
or taking action that would jeopardize the safety of the members, force
the door open immediately.
3. Upon entry, have one member continue to announce the identity and
purpose of the entering members.
4. Members not in uniform will display proper identification (e.g., badge,
ID, raid jacket) when serving the search warrant.
5. A uniformed local law enforcement officer will be present during a
search executed outside of the City of Cleveland.
VII. Search procedures.
A. The supervisor in charge of the search warrant scene shall ensure that officers
do a security sweep of the entire premises immediately after entry.
B. Secure and identify any occupants by location. After securing any weapons,
direct all occupants to a previously searched area. Assign one or more
members to remain with the subjects.
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SUBJECT:
WARRANT SERVICE
GPO NUMBER:
2.2.04
C. The supervisor in charge shall ensure an officer presents and explains the
search warrant to the responsible occupant. A signed copy of the search
warrant shall be given to the occupant or left behind if no one is present.
D. Search the premises in a thorough, orderly and systematic fashion. Upon
discovering an article subject to seizure, the finding member will summon a
witnessing member. If practical, videotape or photograph the article in the
location where it was found.
1. Assign one person to collect, preserve, and document all items seized
until possession is completed.
2. A supervisor shall witness the counting and handling of large sums of
money and other valuables.
E. When on-site counting of seized currency is impractical (e.g., large volume of
paper money or coins), the on-scene supervisor may determine the counting
should be done at another location.
1. On those occasions, the money shall be secured by the recovering
detective and a supervisor in large drug bags. The drug bag
containing the currency shall be sealed at the scene and marked in red
ink with the name and badge number of:
a. Member(s) who located the currency.
b. Witnessing member(s).
c. Witnessing supervisor(s).
2. The number of the drug bag containing the currency shall be listed on
the inventory sheet or pink property held in evidence receipt and on the
RMS report.
3. The drug bag containing the currency shall be transported and secured
in a safe unless arrangements are made with a federal agency.
F. A member shall be assigned to complete the Search Warrant Inventory List
(C of C 71-2635), available at the Supply Unit, for all evidence seized. The
supervisor shall confirm the items being seized and sign the Search Warrant
Inventory List prior to leaving the scene with the items. The copies of the
Search Warrant Inventory List shall be distributed as described on the form.
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SUBJECT:
WARRANT SERVICE
GPO NUMBER:
2.2.04
G. Special care shall be given to the elderly, handicapped or juveniles present at
the premises. Custodial interrogations of a juvenile require the presence of a
supervisor, and where appropriate, a parent or a guardian.
VIII. Post-search requirements.
A. Properly secure the premises upon completion of the search.
B. Note the nature and extent of any damage caused during the entry and, when
applicable, use the appropriate RMS report to document any damage.
C. Members taking property under the authority of a search warrant shall:
1. Give the person from whom or from whose premises the property was
taken a copy of the warrant and completed return portion of the search
warrant as receipt for the property taken.
2. Make the property inventory in the presence of the applicant or their
designee for the warrant and the person from whose possession or
premises the property was taken if they are present. If no one is present,
make the inventory in the presence of at least one credible person other
than the applicant for the warrant or the person from whose possession
or premises the property was taken.
3. If the person is not present, leave the copy and return portion of the
search warrant at the place from which the property was taken.
4. Return the affidavit, the warrant itself, and the completed return as
soon as practical to the issuing judge. The evidence taken in the search
warrant must be available to the judge accepting the return if requested.
5. Deliver the affidavit, warrant, and return to the Clerk of Courts after
review by the judge accepting the return.
D. When a large volume of currency is seized and removed from the search
location, as described in section VII. E., the following shall apply:
1. Arrangements shall be made to have the currency counted as soon as
practical.
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SUBJECT:
WARRANT SERVICE
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2.2.04
2. The currency shall be counted in the presence of at least one
supervisor and one detective using a money counting machine. A
Form-1 report shall be completed with the following:
a. The location of the counting.
b. The amount of the seized currency.
c. A list of those present when the currency was counted (e.g.,
civilians, supervisor(s), transporting detectives)
3. The disposition of the money (e.g., deposited in a federal case or
property room).
IX. Executing Arrest and Probate Warrants.
A. The same general search and seizure legal principles apply when executing
an Arrest or Probate Warrant.
B. In the case of probate warrant service:
1. Every reasonable and appropriate effort shall be made to take a person
into custody in the least conspicuous manner possible.
2. The person named in the warrant shall be advised of the name,
professional designation, and agency affiliation of the officer taking
the person into custody. The person shall also be advised that the
custody-taking is not a criminal arrest and that the person is being
taken for examination by mental health professionals at a specified
mental health facility identified by name, (reference pertinent parts of
Ohio Revised Code Chapter 5122).
C. Ohio Revised Code 2935.12 allows non-consensual forcible entry by a police
officer executing a warrant to break down an outer or inner door or window
of a dwelling house or other building, if, after notice of the officer’s intention
to make the arrest or to execute the warrant or summons, the officer is
refused admittance. The member shall enter only that house or building
being described in the warrant.
CDW/jeh
Policy Unit
Attachment
