VOL II: CHAPTER 16 CRIMINAL ARREST WARRANTS, ETC. June 2017

CRIMINAL ARREST WARRANTS, objectives: SEARCH WARRANTS, & RAIDS  Compels a person to appear before a civil or I. POLICY criminal court  Orders the arrest or apprehension of any The Office of the Sheriff (OSPG) has primary person responsibility for serving legal process in Prince  Judicially authorizes or requires law George's County, including all civil legal process enforcement officers to take specific and criminal arrest warrants. Upon OSPG request, enforcement actions, such as searches and officers may assist in keeping the peace or seizures enforcing criminal laws at locations where civil process is executed. Raid: A sudden, forcible entry into a place by police, usually for serving search and seizure Officers shall serve criminal or civil legal process warrants or high-risk arrest warrants (Protective Orders and Emergency Petitions) during those patrol and investigative functions Search Warrant: A court issued document normally conducted by the Department. Only authorizing a police officer or other official to enter sworn Departmental personnel shall handle a premise, vehicle, or item, and search for criminal legal process. Civilian employees may articulated evidence. assist in collecting evidence related to the execution of criminal process, but shall not Search Warrant Threat Matrix: PGPD Form to participate in the physical apprehension, handling, determine the possible threat level and need for or transportation of any person detained pursuant to Emergency Services Team (EST) to execute a criminal process. search warrant on a residence.

II. CHECKLIST (N/A) IV. FORMS

 III. DEFINITIONS Arrest Report  Continuation Report Application & Affidavit for Search Warrant:  Incident Report Form to submit probable cause (factual basis) for  Report of Investigation issuing a search warrant. The item(s) and/or  Suspect Identification Sheet place(s) to be searched are listed. Must be signed &  Application & Affidavit for Search Warrant sworn under oath before a Judge.  Search Warrant Threat Matrix

Arrest Warrant: Issued by a Judge or V. PROCEDURES Commissioner on behalf of the state, that authorizes the arrest and detention of a person. 1. Arrest Warrants Obtained by Employees

Electronic Search Warrant: A search warrant that The Department does not routinely enter or remove is written, submitted, and approved by a state’s warrant information into or from any computer attorney and judge by electronic means. Although system. Officers shall not attempt to enter warrant allowable by law, see State’s Attorney’s Office for information into any computer system. The OSPG details. performs these functions after receipt of a warrant and Suspect Identification Sheet. All warrants shall Emergency Services Team: EST is the PGPD be immediately forwarded to the OSPG with a Tactical Team used to execute search warrants completed Suspect Identification Sheet attached. where a high level of threat is probable. Officers shall ensure that the CCN is recorded in the upper right section of each charging and Legal Process: Any writ, summons, warrant, body supporting document. attachment, or other judicially issued written order that accomplishes at least one of the following Officers desiring notification of a suspect's arrest

CHEVERLY POLICE DEPARTMENT Vol II-16 1 of 10 GENERAL ORDERS MANUAL VOL II: CHAPTER 16 CRIMINAL ARREST WARRANTS, ETC. June 2017 must include that request on the Suspect transferred to the PGPD District 1 regional Identification Sheet. When an officer is notified processing facility for processing and presentment that a person for whom he or she holds a warrant to a commissioner. In such cases, OSPG ensures has been arrested, the officer shall immediately that warrant information is removed from the serve the warrant or turn it over to the OSPG. computer.

The warrant shall be placed in the OSPG mailbox If District 1 Center is closed all persons arrested on at PGPD’s District 1 facility and entered on the a warrant shall be transported to Upper Marlboro transmittal log for that mailbox. The OSPG Deputy Department of Corrections. will pick up the warrant. Officers shall carry a copy of the warrant or If an initial offense report has not been written, the confirm its existence before making an arrest. officer shall document the issuance of a warrant on Confirmation may occur through a computer hit for an Incident Report. Otherwise, officers shall local warrants, teletype, or contact with a District document the issuance of a warrant on a Court Commissioner who is in possession of the Continuation Report. warrant.

Arrest Warrant Retention Officers may access the Central Warrant System 24 hours per day, through telephone contact with the A supervisor may authorize retention of an arrest OSPG dispatcher or by direct computer link where warrant within the Department for a maximum of available. five days if service by an officer is deemed beneficial to the case. When retained, the original For purposes of this section, juvenile writs of warrant and one copy shall be kept. Copies of the attachment are treated as arrest warrants. warrant and the Suspect Identification Sheet shall be immediately forwarded to the OSPG. 4. Service of Warrants Obtained by CPD

OSPG does not enter warrant information into the Before transferring a wanted person to the District computer until it receives the original warrant. 1 regional processing facility, the arresting officer Therefore, the supervisor shall consider that shall determine whether a CPD officer initially retaining the warrant will delay computer entry. obtained the warrant. If so, the arresting officer shall transport the prisoner to District 1 and notify 2. Sheriff's Arrest Report; Case Disposition the obtaining officer.

When OSPG makes an arrest on a warrant initiated Transfer of the prisoner to PGPD CID is mandatory by this Department, the Department receives a copy if the obtaining officer was a member of CID. of the Arrest Report completed by OSPG. A CPD supervisor shall ensure that the investigating officer When CID or another law enforcement agency is notified and properly closes the case. Closing component accepts custody, the arresting officer reports shall include the date of arrest, original case shall complete an Incident Report. The component number, and complete suspect description. accepting custody becomes responsible for the prisoner. 3. Arrest Warrant Service If the warrant has already been transferred to the The OSPG has primary responsibility for serving OSPG, the arresting officer shall complete the top arrest warrants. However, officers may attempt to portion of the Arrest Report and give the report to serve warrants obtained by officers during CPD the regional processing facility intake officer. The investigations. They shall arrest persons wanted on regional processing facility intake officer will other arrest warrants if contact is made during complete the Arrest Report, process the prisoner, normal police duties. and present them to a District Court Commissioner.

Custody of persons arrested on a warrant shall be When an officer serves his or her own arrest

CHEVERLY POLICE DEPARTMENT Vol II-16 2 of 10 GENERAL ORDERS MANUAL VOL II: CHAPTER 16 CRIMINAL ARREST WARRANTS, ETC. June 2017 warrant, the officer must give the defendant a copy Arrest Report is prepared, the officer shall note the of the statement of charges prior to transporting the following information in the narrative of the Arrest defendant to the regional processing facility. The Report: officer must sign the reverse of the warrant, indicating service of the warrant.  Warrant number  Warrant date 5. Warrants Held by Commissioner  Victim's name  PGPD case number (if PGPD case/charges) When an officer arrests a person on a warrant that is still in the possession of a District Court For warrant service attempts, officers will carry Commissioner, the officer shall complete an Arrest copies of the warrant, if available. The original Report. warrant will remain in a file or be forwarded to the OSPG. Unsuccessful warrant service attempts shall 6. New Charges on Wanted Persons be documented in the investigator's case file or the Suspect Identification Sheet. When an officer makes a warrantless arrest and later discovers that the prisoner is wanted on an If the warrant service is successful, this information unrelated warrant, the officer shall ensure that all will be placed on the Arrest Report (if the warrant processing for the original arrest, including is retained by the Department) or an Incident presentment to a commissioner, is completed Report (if warrant has been sent to the OSPG). before custody is transferred to another agency for warrant service. When the arrestee is processed, the custody officer will serve the original warrant and destroy the 7. Warrant Service Within CPD Primary copy. Jurisdiction When the attempt is made pursuant to a teletype or CPD officers who serve arrest warrants, shall information provided by another public safety document service on an Incident Report. A copy of agency, the officer shall document this information the report shall be maintained in their case file. The on an Incident Report. documentation shall include: 8. Warrant Service Outside the Town of  Officer's name and ID number Cheverly  Wanted person's name, race, sex, and date of birth Investigators attempting warrant service outside the  Jurisdiction issuing warrant and warrant Town shall request the assistance of the host number jurisdiction before the attempt. They shall allow the  Offense(s) charged on warrant host jurisdiction to make the actual arrest and  Date, time, and address of service comply with the host jurisdiction's instructions  Disposition regarding their conduct at the scene and subsequent  Name of persons contacted during warrant transfer of custody. service  Method of service; personally or other means If the warrant stipulates that the arrested person shall be presented to a court commissioner in the In cases when an investigator serves or attempts a county where arrested or if the arrest occurs in CPD initiated warrant, the investigator shall another state and extradition is required, the officer document their actions on a Continuation Report shall request that appropriate processing occur under the original CCN, rather than on a separate before presentment of the prisoner to court Incident Report. The investigator shall also make officials. This processing may be conducted by the an entry on the Suspect Identification Sheet officer or by the host jurisdiction. The investigator attached to the copy of the warrant. may request an opportunity to interview the arrested person at the host jurisdiction's discretion. When an officer serves an arrest warrant and an

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9. Fugitive Arrests on Out-of-Town Warrants 10. Warrants Executed by CPD Officers A supervisor shall approve requests for warrant service assistance from officers of other Misdemeanor arrest warrant applications shall jurisdictions. If granted, the supervisor shall normally be performed by CPD officers in with the respond to the scene and direct the apprehension. presence of a supervisor, absent an emergency An arrest shall not be attempted prior to the situation. A pre-execution briefing must be supervisor's arrival unless circumstances require conducted. The supervisor is responsible and immediate action. accountable for all planning, briefing, staffing, and the overall conduct of the warrant execution. The If the offense alleged on the warrant is for a crime supervisor may delegate authority for the specific investigated by PGPD CID, the officer shall notify assignment of personnel, vehicles, equipment, and CID of the impending warrant service attempt. CID other duties, as necessary. Under no circumstances is not required to respond, but may require that an may CPD officers force entry into a home or apprehended fugitive be delivered to CID before business to execute a misdemeanor arrest warrant release to the outside agency. without the direct permission of the Patrol Commander. Unless the outside agency's officer has concurrent jurisdiction or is operating within a task force that All felony arrest warrant executions, absent an does, the officer shall not take an active role in the emergency, must be approved in advance by the apprehension, except in an emergency. The Patrol Commander. The Patrol Commander should supervisor shall ensure that the officer understands consult with PGPD SOD commanders if there is this requirement before attempting warrant service. any likelihood that forced entry will be made into a home or business, or by nature of the potential for Except when prohibited elsewhere in this section, violence, a PGPD tactical team would be better individuals arrested on warrants from other suited for the warrant execution. Maryland jurisdictions may be released directly to The same is true of search warrant executions officers from those jurisdictions at the discretion of where it is highly probable that forced entry would the supervisor. Otherwise, the fugitive shall be be necessary. If the Patrol Commander feels that transferred to a regional processing facility within search warrant execution by a PGPD component or the County along with a copy of the warrant or a other law enforcement agency would be practical, telex message indicating that the warrant is open. given the capabilities of the CPD, the Patrol Commander shall seek such assistance. The teletype shall also indicate whether the fugitive can be presented to a commissioner in Prince 11. Warrant Service by PGPD Tactical Units George's County or must be returned to the originating jurisdiction. If presentment is to be In addition to felony warrant or search warrant made in Prince George's County, it shall be made executions where forced entry seems likely or the only by an officer from a regional processing circumstances suggest a high potential for violence, facility. CPD supervisors shall also seek guidance from PGPD tactical officers when: Fugitives from other states have legal rights regarding extradition. Officers are prohibited from  Circumstances indicate that a barricade transferring custody of such fugitives to agents of situation is likely to develop if warrant service any non-Maryland jurisdiction unless the warrant is is attempted federally issued and the agent is a federal officer.  Circumstances indicate that the suspect is Prisoners shall not be transported to DOC, Upper likely to offer armed or potentially lethal Marlboro until a teletype verifying the warrant and resistance that the prisoner will be extradited has been  The suspect's mental condition is known to be received. Prisoners wanted on non-federal out-of- unstable and potentially violent state warrants shall then be transferred to the Regional Processing Facility, Upper Marlboro. A commander with the PGPD Special Operations

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Division (SOD) shall be consulted in accordance schedule a screening appointment. with the current MOU for Police Services between the CPD and PGPD. If an on-duty SOD Command When an unserved felony warrant has been Officer is unavailable, the PGPD District/Division screened and the OSA decides to present the case Commander shall determine whether an SOD to the grand jury pending arrest of the suspect, Command Officer shall be contacted at home. officers need not re-screen the case upon arrest. However, they shall contact the OSA to provide The decision to deploy EST or a tactical team is at additional information or evidence as developed. the discretion of the SOD Command Officer. Factors to be considered in making that decision 14. Immediate Extradition Required include, but are not limited to the: If the suspect is found outside the metropolitan area  Nature of the offense named on the warrant and the officer requires immediate authorization for  Suspect's known propensity for deadly extradition, the officer shall contact the OSA, violence Extradition and Detainer Coordinator. During non--  Experience, training, and capabilities of the business hours, the officer shall request assistance requesting component from the on-call Assistant State's Attorney via PSC.  Likelihood of a barricade occurring, the physical characteristics of the site and the 15. Screening Dispositions, Defendant at Large degree of danger to which the nearby public might be exposed if a barricade situation If an investigator has obtained a warrant, but the developed and EST was not immediately defendant remains at large, the investigator may present screen the case with the OSA. The screening attorney will decide whether the case will be If deployment is authorized, the SOD Command presented to a Grand Jury or referred to District Officer shall give the requesting CPD supervisor Court. The screening attorney will also advise the specific instructions regarding containment and officer whether extradition will be authorized, and surveillance pending EST's arrival. Those the type of extradition for the NCIC entry. The instructions shall not be deviated from except in officer will' contact OSPG to confirm the NCIC emergency situations. entry and request appropriate modifications.

12. Warrant Service Matrix & Categories If the screening attorney believes a case has insufficient evidence for grand jury presentment, The matrix at the end of this chapter describes the they may refer it back to the officer for further seven different categories of warrant service and investigation (RBFI). the requirements for each category. 16. Documents Required at Screening When completing an Incident Report, the officer shall identify the appropriate category in the TYPE The officer shall give the screening attorney copies OF INCIDENT block. When completing an Arrest of the following: Report, the officer shall include the category in the CHARGES block.  All incident, investigative, and accident reports pertaining to the defendant to include 13. Screening Unserved Felony Warrants Arrest Records  Statement of Charges, along with the An officer who obtains a felony warrant that is not Application for Statement of Charges or immediately served, shall within 30 days, schedule Statement of Probable Cause an appointment with OSA to screen the warrant.  Any citations issued  Copies of any warrants for search or electronic Upon receiving reliable information that the surveillance to include Consent to Search suspect is outside of the metropolitan area, the forms officer will immediately telephone the OSA to  Criminal records.(local, state and federal) and

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driver's license and registration printouts, if based solely on the facts contained in the applicable application.  Property Records and Chain of Custody Logs  Denied applications will not be reconsidered.  Advice of Rights and Waiver Forms and any A new application may be filed by the officer. statements made by the defendant  All applications, issued or denied, will be  All victim & witness statements returned to the law enforcement agency via  Forensic laboratory reports/request forms mail within seven days. If you do not receive  Pertinent photos and photo spreads the application within the time prescribed,  Names and ID numbers of all employees who contact the Administrative Commissioner. had any involvement in the case Please do not contact the Commissioner’s Office regarding the status of pending 17. Request for Legal Assistance Search applications. Warrants or On-Scene Assistance  Questions regarding status of an application, one issued, can be addressed to the Clerk of For assistance with the preparation of search the Court at 301-952-4080 or at warrants or when on-scene legal advice is required, www.mdcourts.gov/casesearch. an Assistant State's Attorney will be requested via  All issues or concerns that you may have are PSC. The contact for homicides and police to be reported to the Administrative shootings is the Chief, Homicide Division, or the Commissioner, 14735 Main Street, room Chief, Narcotics Division of the OSA. The primary 049B, Upper Marlboro, MD 20772, 301-952- contact for other cases is the Chief, Criminal Trials 3145. Division. 19. Obtaining A Search & Seizure Warrant 18. Obtaining Arrest Warrants An Application and Affidavit for a Search Warrant Application Drop-Off Procedure must be submitted to a District or Circuit Court Judge. Applications will be placed in the mail slot. In order for a Commissioner to process an application, The Application and Affidavit must: the following requirements must be met:  Be submitted by a sworn member of law  Application must be signed & dated by enforcement (Affiant). applicant, stamps and copies are not  List the state laws violated by the subject. acceptable.  Describe in detail the area/items to be  If shielding is requested the Confidential searched. Supplement (DC/DR 1S) must be completed  List the Affiant’s training and experience. and submitted with the application.  List probable cause (factual basis) for requesting the issuance of the search warrant. Guidelines: Officers dropping off applications for  List the justification for the place to be arrest warrants are required to adhere to the searched and the items to be seized. following:  List the items to be seized.  Be reviewed by a State’s Attorney for legal  The commissioner does not stop work to sufficiency prior to contacting a Judge. accept these applications nor will the commissioner review the application prior to Affiant must present the Application and Affidavit submission. The commissioner will not to a District or Circuit Court Judge to be signed, entertain any questions regarding the and sworn under oath before that Judge under application. penalty of perjury that the contents are true to the  The probable cause decision is based on what best of their knowledge, information, and belief. facts are presented in the application. The commissioner will not follow-up for When preparing an application and affidavit for a clarification and will make their determination search and seizure warrant, the officer MUST

CHEVERLY POLICE DEPARTMENT Vol II-16 6 of 10 GENERAL ORDERS MANUAL VOL II: CHAPTER 16 CRIMINAL ARREST WARRANTS, ETC. June 2017 physically go to the location to obtain the current After executing the search warrant, the Operations description of the location to be searched, prior to Leader must complete a Return of Service to the completing the application. The officer must also Judge that signed the warrant. The return of service obtain physical photographs while at the location. must include a list of the items seized and must be Officers may utilize a surveillance vehicle when completed within 10 days of the search warrant necessary, as approved by the supervisor. execution date.

The Affiant is considered the Operations Leader VI. GOVERNING LEGISLATION & and must physically point out the location to the REFERENCE team upon executing the search warrant. Governing Legislation: The Operations Leader will: Art. 26, Maryland Declaration of Rights  Submit an operation plan for the search warrant Constitutional provisions regarding search warrants to the supervisor for approval prior to apply only in cases where a search is conducted executing the search warrant. without the consent of the occupant of the  Conduct a pre-raid briefing with all officers premises. When permission to search is granted, involved in the raid as well as a post-raid either by the occupant or their agent, a search briefing. warrant is not necessary.  Designate an officer to conduct pre-raid surveillance on the target location to determine Stop & Frisk: Terry v. Ohio any additional threats as well as any activity When officers observe unusual conduct that leads seen at the location. them to reasonably conclude, in light of their  Be responsible for coordinating the search experience, that criminal activity may be afoot and warrant and designating tasks to each person. an individual may be armed and presently  Be responsible for making the appropriate dangerous, officers shall identify themselves and notifications to Public Safety Communications make inquiries of such individual. PSC, and Emergency Services Team EST. If nothing in the inquiry dispels the reasonable fear 20. Execution of Search Warrant for the safety of the officer and others, the officer may conduct a carefully limited search of the A search warrant must be executed within 10 days individual's outer clothing in an attempt to discover of obtaining it. weapons. Such searches are reasonable and any evidence obtained is admissible. After completing the PGPD Threat Matrix Form, if the use of the EST is mandated, the Operations Exigency & Mobility: Carroll Doctrine, Leader must complete a tactical briefing form and Chambers v. Maroney contact the EST supervisor to schedule the Warrantless vehicle searches are justified if there is execution of the search warrant. probable cause that the vehicle contains contraband, and mobility is possible (exigency). The Operation Leader must: Probable cause that justifies making an arrest is also generally sufficient for authorizing a search,  Contact the PGPD watch commander to make given exigency (mobility). The search is justified notification of plans to execute the search by exigency, not as a search incident to an arrest. warrant. The Carroll Doctrine is not dependent upon a  Notify PSC upon execution of the search lawful arrest. warrant.  List all seized items, and leave a copy of the Search Incident to Arrest: New York v. Belton list at the location. A warrantless search of a vehicle's entire passenger  Leave a copy of the search warrant and compartment may be made to include containers in affidavit at the location. the compartment, as a search incident to an arrest, for protection of the officer, and to prevent the

CHEVERLY POLICE DEPARTMENT Vol II-16 7 of 10 GENERAL ORDERS MANUAL VOL II: CHAPTER 16 CRIMINAL ARREST WARRANTS, ETC. June 2017 removal or destruction of evidence. Belton is based Premises Subsequent to Arrest on a search incident to an. arrest, and not on the Officers in possession of an arrest warrant may Carroll Doctrine. enter a residence if there is probable cause that the accused is present; any area in which the accused Inventory Search: South Dakota v. Opperman could hide can be searched and the courts have not Inventory searches of a vehicle are justified if they excluded evidence and contraband found during are: such a search.

 Pursuant to a lawful impoundment Searches beyond Chime/ require a search warrant;  Routine and standard in practice search warrants may be served along with arrest  Not a pretext concealing an investigatory warrants. police motive When an arrest is made on a premise without an Search of Vehicle Related to a Crime: Barrow v. arrest warrant and the officer develops probable Maryland cause for a search warrant, the officer may remove A vehicle may be searched at the scene of a crime the arrestee and post a guard until a search warrant if probable cause exists that the vehicle is related to is obtained; if a guard is inside a residence, and the crime and could contain evidence. someone entitled to legal possession of the premises demands the officer leave, the officer Limitations of an Arrest Search: Chime/ v. should leave. California The Supreme Court has rendered a decision Accused Located: Honest v. Maryland limiting areas that may be legally searched by Searches of premises for an accused by warrant are police when a search of premises is made incident valid, but once the accused is found, the officer's to an arrest. right to search is ended.

The decision does not limit searches by consent, Reference: searches made under the authority of a search warrant, or searches of vehicles. It relates to Memorandum of Understanding between Prince searches of areas under the control of the arrestee George’s County, Maryland and the Town of incidental to a legal arrest. Fruits of a crime, Cheverly for Jurisdictional Police Services (July instrumentalities, contraband, or evidence 2008). connected with the crime may reasonably be expected to be located in the area where the arrest is made.

Court established guidelines:  An arrested individual may be searched for weapons and evidence  A search of the area in the immediate control of the arrestee may be conducted, and is defined as the area from which the arrestee might gain possession of a weapon or destroy evidence

Area Extended: Scott v. Maryland The search area is extended to include areas where an arrestee might move to get to a weapon or evidence before an officer could restrain the arrestee.

Maryland Attorney General Opinion, Search of

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WARRANT SERVICE MATRIX

DOC ARREST OTHER COMPUTER SPECIAL CAT. SITUATION DISPOSITION OF PRISONER PROCESSING REPORT REPORT REMOVAL REQUIREMENTS (PHOTO/PRINTS)

Warrant obtained by CPD officer; original Serve warrant: Incident, Notify obtaining 1. Yes Yes No copy still in CPD presentment by DOC Continuation officer1 possession

Warrant obtained by Transfer to Regional Incident, 2. CPD officer; original Yes No No Processing Facility Continuation copy forwarded to OSPG

Warrant obtained in PG County by citizen or Transfer to Regional 3. Yes No Incident No other police agency; Processing Facility OSPG has original

Warrant obtained in PG County by citizen or other police agency; Serve warrant: 4. Yes Yes Incident No original copy in presentment by DOC possession of commissioner

Request that a Transfer to Regional Warrant from other MD teletype be sent to Processing Facility or 5. County or Baltimore Yes No Incident No Regional Processing issuing jurisdiction if City Facility confirming applicable the open warrant

Request that a teletype be sent to Out of State warrants Transfer to Regional 6. Yes No Incident No OSPG indicating (i.e., VA, NY) Processing Facility that the warrant is extraditable

If transferred to Transfer to Regional Regional Processing Processing Facility or 7. Federal Warrant Yes No Incident No Facility, provide a release to a Federal teletype confirming Officer extradition

1. Allow officer who obtained warrant, or someone from their assignment if they are unavailable, to take custody and interview at their discretion. If custody is transferred in this way, the accepting officer shall be responsible for appropriate disposition of prisoner.

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