What Happens During a Typical Search Warrant Execution?
During a typical search warrant execution, police enter a building or location and look for evidence of a crime. There are specific procedural steps that they must follow by law during this process or risk having evidence suppressed from use in court.
- Knock and Announce Rule
Once police obtain a search warrant from a judge, they can go to the location that they plan to search. Unless certain exceptions apply, the police must knock on the door and announce their presence outside. They need to wait a reasonable time after knocking to allow the occupant to answer. After waiting without an answer, they can force entry inside. Wilson v. Arkansas, 514 U.S. 927 (1995).
Police do not have to knock and announce if doing so “would be dangerous or futile, or that it would inhibit the effective investigation of the crime.” Richards v. Wisconsin, 520 U.S. 358 (1997). Sometimes it is not reasonable for the police to announce their presence at the door.
- The Search
After police gain entry to the location, they can begin the search for evidence. The warrant must describe in particularity the place that the police will search and the items that they plan to seize during the search. If the warrant is inaccurate, it is improper, and a search pursuant to that warrant violates the Fourth Amendment. Groh v. Ramirez, 540 U.S. 551 (2004). Further, the judge who approves the warrant can place restrictions on when and how the police do the search. See Zurcher v. Stanford Daily, 436 U.S. 547 (1978).
The police have to search only places where they might actually find the sought-after evidence. For example, they cannot look in a small drawer for a long knife that would not fit in the drawer. If police find evidence of a different crime during the search, though, they can gather that evidence. They can also detain anyone present, and they can arrest anyone present if they find sufficient probable cause during the search.
- Post-Search Requirements
After the search, the police may be required to return a copy of the warrant to the issuing judge, indicating information about the search such as what was seized. The police should give the people present at the search location a receipt for any evidence that was seized.
If police did not follow all procedural requirements, you may have cause to challenge the search or the viability of evidence found during the search. Talk to a lawyer in your area to learn more.
Have you been charged with crime and need legal representation in Oklahoma? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, can advise you on the penalties you may face if convicted. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.