By Lee Lofland © 2005
Search warrants are an important tool for police officers and, while they are difficult to obtain, there is no better feeling than using one to discover a cornerstone piece of evidence.
Television leads the public to believe a simple phone call to a judge is all it takes to obtain a search warrant. Not so. I've written and served scores of search warrants for which I had to spend countless hours, weeks, or months of preparation. I had to collect copious and detailed facts to support my requests for the warrants that would allow me to search a person's property.
A search warrant is based strictly upon facts. Police officers must swear under oath before a judge or magistrate that the information they are presenting is indeed true and without opinion.
Once a judge decides probable cause exists for the warrant, they sign the paperwork, setting the wheels in motion for the search-warrant entry team. The team must act quickly, carefully, and appropriately.
A search-warrant entry is one of the most dangerous situations that police officers encounter, and not knowing what lies behind closed doors creates an adrenaline boost of epic proportion. All too often, innocent people are inside a target property, and many are small children. Entry teams rehearse shoot-and-don't-shoot scenarios for hours on end, to prepare for every possible situation.
Officers are normally required to execute a search warrant during daylight hours, and they must knock on the suspect's door and verbally announce their presence. They must also wait a reasonable amount of time to allow the residents to open the door. Law enforcement personnel on the scene must determine what is reasonable for each situation. The law does not provide a specific amount of time.
The only exceptions to these rules occur when there is clear and imminent danger to the officers or to innocent citizens, or when exigent circumstances occur that could lead to the destruction of crucial evidence. A forced entry without announcement or knocking is known as a "no-knock warrant" and should be authorized by the court official who approves the warrant.
Officers must be specific, within the body of the warrant, in detailing the evidence they are searching for. Once the object of the search has been found, officers must immediately stop the search.
A search warrant is not needed if the person in control of the property to be searched grants an officer permission to do so. I found the easiest method of searching a criminal's property was to do just that—ask for permission. Nine times out of ten the suspect's answer was yes, eliminating the need for the warrant all together.
Cops are always smarter than the bad guys.
Well, not always. I once kicked and kicked and kicked at a door, attempting to gain entry, until I finally heard the crook yell from deep within the house, "Try the doorknob before you hurt yourself. It's unlocked!"
Until next time, I'm 10-7, out of service.
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