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Search Warrant Manual

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Search Warrant Manual LLooss AAnnggeelleess CCoouunnttyy DDiissttrriicctt AAttttoorrnneeyy’’ss OOffffiiccee SSeeaarrcchh WWaarrrraanntt MMaannuuaall 22001133 EEDDIITTIIOONN Jackie Lacey District Attorney SEARCH WARRANT MANUAL 2013 EDITION LOS ANGELES COUNTY DISTRICT ATTORNEY’S OFFICE JACKIE LACEY DISTRICT ATTORNEY Authors ROBERT SCHIRN Head Deputy District Attorney (Retired) RICHARD J. CHRYSTIE Deputy District Attorney (Retired) Copyright © 2013 by the County of Los Angeles, Office of the District Attorney -- all rights reserved. Law enforcement agencies are authorized to reproduce this Search Warrant Manual for non-commercial purposes. All other reproduction of this manual without the prior, written consent of the Los Angeles District Attorney is prohibited. AUTHORS’ PREFACE TO 2013 EDITION The Search Warrant Manual was first published in 1976. It has been revised and rewritten numerous times and now appears over 35 years later in this 2013 edition. Its primary purpose is to serve as a simple and straightforward “how to do it guide” for peace officers and prosecutors writing search warrants. Several sample search warrants are included in the appendix as instructional aids. Additionally, this manual contains practical information on related topics such as serving a search warrant, nighttime service, knock-and-notice law, court proceedings, informant disclosure motions, and oral and telephonic warrants. This manual also contains numerous case law citations and statutory references that will be helpful both in writing a search warrant and in advocating the legality of a warrant in court. This manual has been periodically revised to reflect significant changes in the law. It has been our observation, however, that previous editions of this manual are still useful as a guide to writing a warrant. Although the authors of this manual have retired from the Los Angeles County District Attorney’s Office, they still remain involved in providing legal assistance to the law enforcement community. Richard J. Chrystie is the author and publisher of the Law Enforcement Legal Reporter; and Robert Schirn performs special projects for the Los Angeles County District Attorney’s Office and continues to lecture to law enforcement groups on various topics. They continue to update this manual on a regular basis. In order for this manual to be of maximum and continuing usefulness, we ask your help. If you have suggestions for revisions, additions, deletions, etc., please contact the Training Division of the Los Angeles County District Attorney’s Office, 320 West Temple Street, Room 1180, Los Angeles, California 90012 ROBERT SCHIRN Head Deputy District Attorney (Retired) RICHARD J. CHRYSTIE Deputy District Attorney (Retired) Los Angeles, California January, 2013 TABLE OF CONTENTS CHAPTER I ..............................................................................................................................................................I-1 SEARCH WARRANT AND AFFIDAVIT -- DEFINITIONS AND COMMENTS............................................I-1 A. INTRODUCTION .............................................................................................................................................I-1 B. SEARCH WARRANT DEFINED ........................................................................................................................I-1 C. AFFIDAVIT DEFINED......................................................................................................................................I-4 D. JURISDICTION -- INCLUDING OUT OF COUNTY SEARCH WARRANTS..............................................................I-6 E. SEARCH WARRANT IN CALIFORNIA FOR CRIMES COMMITTED OUTSIDE THE STATE .....................................I-6 F. USE OF A SEARCH WARRANT TO SERVE AN ARREST WARRANT ...................................................................I-6 G. PREFERENCE GIVEN TO SEARCH WARRANTS ................................................................................................I-7 H. UNITED STATES SUPREME COURT DECISIONS GOVERNING SEARCH WARRANTS..........................................I-7 I. OTHER ADVANTAGES OF SEARCH WARRANTS..............................................................................................I-9 J. ALTERNATIVES TO A SEARCH WARRANT .................................................................................................... I-10 K. USE OF SEARCH WARRANT FOR AIDS BLOOD TEST ................................................................................... I-15 L. FORM -- COMBINED SEARCH WARRANT AND AFFIDAVIT............................................................................ I-15 CHAPTER II........................................................................................................................................................... II-1 DESCRIBING THE PLACES, VEHICLES, AND PERSONS TO BE SEARCHED....................................... II-1 A. INTRODUCTION ............................................................................................................................................II-1 B. DESCRIBING PLACES -- ADDRESS KNOWN -- EXAMPLES ..............................................................................II-2 C. DESCRIBING PLACES -- ADDRESS UNKNOWN -- EXAMPLES .........................................................................II-4 D. “SPECIAL” HIDING PLACES AT OR WITHIN A LOCATION ..............................................................................II-4 E. DESCRIBING VEHICLES ................................................................................................................................II-5 F. DESCRIBING PERSONS -- EXAMPLES.............................................................................................................II-8 G. USE OF PHOTOGRAPHS AND DIAGRAMS .......................................................................................................II-8 H. INCLUDING UNIQUE FEATURES ....................................................................................................................II-9 I. ACCURACY -- MISTAKES DO NOT NECESSARILY INVALIDATE SEARCH WARRANT......................................II-9 J. NUMBER OF PLACES, VEHICLES OR PERSONS PER WARRANT.....................................................................II-10 K. SEARCHES OF OTHER THAN PLACES, VEHICLES AND PERSONS..................................................................II-10 L. “NEWSROOM” SEARCHES...........................................................................................................................II-10 M. OFFICE OF ATTORNEY-DOCTOR-PSYCHOTHERAPIST-CLERGYMAN............................................................II-11 N. TELEPHONE RECORDS AND COMPUTER RECORDS IN POSSESSION OF FOREIGN CORPORATIONS.................II-11 O. CRIME SCENE SEARCHES ...........................................................................................................................II-12 P. SEVERABILITY............................................................................................................................................II-12 Q. “GOOD FAITH” EXCEPTION -- DESCRIPTIONS .............................................................................................II-12 CHAPTER III........................................................................................................................................................III-1 DESCRIBING THE PROPERTY AND PERSON(S) TO BE SEIZED............................................................III-1 A. INTRODUCTION .......................................................................................................................................... III-1 B. CONTROLLED SUBSTANCES........................................................................................................................ III-3 C. BOOKMAKING ............................................................................................................................................ III-6 D. TELEPHONE CALLS..................................................................................................................................... III-7 E. STOLEN PROPERTY..................................................................................................................................... III-8 F. PROPERTY USED TO COMMIT FELONY; PROPERTY TENDING TO IDENTIFY PERPETRATOR.......................... III-9 G. BANK RECORDS ....................................................................................................................................... III-10 H. CREDIT BALANCE IN BANK ACCOUNTS.................................................................................................... III-14 I. PHONE RECORDS...................................................................................................................................... III-15 J. DOMINION AND CONTROL EVIDENCE....................................................................................................... III-17 K. “PEER REVIEW” MEDICAL RECORDS........................................................................................................ III-18 L. PEN REGISTERS AND TRAP-AND-TRACE DEVICES .................................................................................... III-18 i M. CREDIT CARD INFORMATION ................................................................................................................... III-19 N. RECORDS.................................................................................................................................................
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