9‑301 SEARCH/ARREST WARRANT REQUIREMENTS (06/19/02) (08/01/02) (08/08/07)
Search warrants shall be drawn up by investigating officers or supervisors. If any doubt exists as to probable cause for the warrant, a city or county attorney shall be contacted for assistance. Officers shall follow all listed requirements on the warrant including serving a copy of warrants and inventory receipts to the affected parties.
Search and/or arrest warrants shall be executed in accordance with Minn. Stat. §626.15. A warrant can only be executed between 0700 hours and 2000 hours, unless the court authorizes a nighttime search outside of these hours. Whenever feasible, uniformed officers shall be present during the execution of any warrant. Investigators shall use the available SWAT Team (Special Weapons and Tactics) on all high-risk warrants. (See Volume 9, section on Planned Arrest and Search Warrant Procedures for more details). (08/08/07)
The presence of media or other third parties during the execution of a warrant is prohibited unless their presence is necessary to aid the execution of the warrant. (08/08/07)
At the conclusion of a warrant, officers shall return the searched location to some semblance of order (i.e., drawers will be placed back into dressers, clothes removed from drawers will be placed back inside, mattresses will be returned to their bed frames, etc.).
All case investigators shall document in a CAPRS report any damage done to property as a result of police actions. This documentation shall include damage done by the SWAT Warrant Detail to gain access to the premise and damage done by investigators as a result of lawfully searching for evidence. Damage done to vacant premises shall also be documented. This documentation must include the condition and detailed description of the property damaged; i.e., hollow core door vs. six panel oak door, porcelain sink vs. oak vanity with marble sink, etc. (08/08/07)
Investigators shall inform the Minneapolis Emergency Communications Center (MECC) and the on‑duty supervisor of the involved precinct of the location where the warrant is to be served. When a squad is needed to assist an investigator with a search warrant, the district squad for the location where the warrant will be served shall be called upon to assist. If they are not available, MECC will contact another squad.
In the best interest of officer safety, MPD officers initiating a warrant in another jurisdiction shall contact the Communication Center that dispatches for the affected jurisdiction and request contact with the officer in charge. Where the potential of deadly force is an issue and could be contemplated, the law enforcement jurisdiction where the warrant is to be served should be responsible (depending on capability) for entry and securing the scene prior to the visiting jurisdiction assuming control.
9‑302 WARRANT ARRESTS (06/19/02)
MPD officers may serve warrants within the State of Minnesota. Officers in contact with a person suspected to be wanted on a warrant shall confirm that the warrant exists through MECC. If a warrant does exist for the individual, the suspect shall be transported to the Hennepin County Adult Detention Center (HCADC).
If a warrant is from out of state, officers shall obtain the number of the warrant from MECC and provide it to personnel at the HCADC.
9‑303 PLANNED ARREST AND SEARCH WARRANT PROCEDURE (06/19/02)
A. An on‑duty team from the Special Weapons and Tactics (SWAT) shall be used for serving all high-risk warrants described in the Search Warrant and Risk Assessment form (MP-6946). SWAT personnel shall be used in all other situations where a “preplanned” entry in to a building or dwelling is necessary to arrest a suspect(s) who is believed to be armed and/or dangerous or when entry to the location may be hazardous or impeded because of warning systems, reinforced doors, or other impediments. (08/08/07) (06/29/16)
1. The purpose of the team is to provide trained personnel and special equipment for the safe and expeditious execution of planned searches and arrests.
2. Investigating officers will assist the operation and make all associated arrests.
B. A supervisor shall be present at briefings and executions of all planned search warrants.
C. Emergency or exigent circumstances can be cause to deviate from this policy.
1. The emergency or exigent circumstances must be documented by the investigator or investigative supervisor in charge.
2. The investigator/ affiant is responsible for completing the Search Warrant and Risk Assessment form (MP-6946) for all search warrants, whether the warrant team is utilized or not. (06/29/16)
D. If available, suspect photographs should be obtained prior to serving felony warrants or when attempting felony pick-ups.
E. Requests for the SWAT’s on‑duty team will be made to MECC. (08/08/07)
1. ASWAT team supervisor will designate the responding team members and direct them to a prearranged location for a briefing with the investigating officers.
2. Tactical considerations for entering a dwelling and securing occupants is the responsibility of SWAT.
F. Requests for SWAT assistance by outside agencies for serving search or arrest warrants shall also be referred to the on‑duty Special Weapons and Tactics Team supervisor. (08/08/07)
9‑304 WARRANT PROCESSING ‑ ADDITIONAL CHARGES (06/19/02)
Officers arresting a suspect who also has outstanding warrants, may process the suspect on both the warrant and the additional offense.
9‑305 NIGHTCAPPED WARRANTS (06/12/02)
A nightcapped warrant is one that is signed by a judge authorizing the arrest of a party at any time. Non‑night capped misdemeanor warrants may be executed at any time if the person is found on a public highway or street. In the event the individual is not discovered on a public highway or street, non‑night capped misdemeanor warrants may only be executed Monday through Saturday between the hours of 0800 and 2200. There are no time restrictions on the execution of gross misdemeanor and felony warrants.
9-306 DECONFLICTION PRIOR TO SEARCH WARRANT EXECUTION (03/11/16)
A. Prior to executing a search warrant at an address, the warrant affiant shall attempt to ensure that the search will not conflict with another investigation or police action.
1. Deconfliction shall be handled through the RISSafe service provided by the Mid States Organized Crime Information Center.
a. The search warrant affiant or their designee shall complete the RISSafe deconfliction process by contacting the Strategic Information Center at 612-673-3700 or [email protected] or the Bureau of Criminal Apprehension Operations Center at 651-793-7000.
b. Investigators who have received RISSafe system training may use the online deconfliction tool.
2. The affiant or their designee shall provide the following information:
· Affiant name and contact information
· The name and contact information for a secondary contact familiar with the details of the planned warrant
· Date and time of warrant execution (a date and time range is acceptable)
· Type of crime being investigated
B. In the event a conflict is found, the affiant will be instructed as to how to contact the conflicting agency. The affiant shall make contact and resolve the conflict prior to executing the search warrant.
C. The deconfliction effort and result shall be documented on the Search Warrant Risk Assessment form (MP-6946).
D. Exception: A search warrant executed at an active crime scene already under the control of the MPD or another law enforcement agency does not need to be deconflicted.
9-307 UNANNOUNCED ENTRY SEARCH WARRANTS
A. In addition to the requirements of the other policies in this chapter related to warrants, officers submitting a warrant application and Search Warrant and Risk Assessment form (MP-6946) shall indicate whether the warrant is requested to be an “entry with announcement” warrant (also called “knock and announce”) or is requested to permit “unannounced entry” (immediate entry), sometimes referred to as “no-knock” entry.
1. With “entry with announcement” search warrants, officers executing the search warrant generally must not immediately force their way into the premises. Instead, the officers must first knock, identify themselves as “Police” and announce their intent, and wait a reasonable amount of time for the occupants to allow entry into the premises.
2. High-risk warrants (P&P 9-302 and P&P 9-303) may involve immediate entry or “unannounced entry.” Unannounced entry search warrants authorize officers to enter the specified premises without first knocking and announcing their presence or purpose prior to entering. The judge issuing the warrant indicates whether the warrant permits that type of entry, based on the case details.
a. The Special Weapons and Tactics (SWAT) team generally handles and executes such warrants, based on the identified risks noted on the Search Warrant and Risk Assessment form (MP-6946). If the search warrant is determined to be high risk based upon the Search Warrant and Risk Assessment form, the SWAT Warrant Team Sergeant shall be consulted.
b. During unannounced entry search warrants, MPD officers shall announce themselves as “Police” and announce their purpose as “Search Warrant” prior to crossing the threshold of the door into the residence or building.
c. Announcements shall also be given periodically throughout the search and at least one time when the officer has moved to an area where the previous announcement may not have been heard. These announcements should include the officer’s authority and what the officer wants the subject to do. Arrests, searches and use of force engagements shall follow the applicable policies (P&P 9-100, P&P 9-200 and P&P 5-300).
d. Officers should be mindful of any known or reasonably believed barriers or obstacles to cooperation such as perception barriers, mental or emotional capacity, physical and language barriers, including whether the individual is known or believed to be deaf or hard of hearing.
B. In exceptional circumstances when giving announcements would create an imminent threat of physical harm to victims, officers or the public, the supervisor may authorize officers to execute an immediate entry without making an announcement. For those circumstances when announcements are not made for any part of a warrant execution, the supervisor involved shall include the facts supporting the decision in their incident report.
C. This policy applies to any search warrant entry made by MPD officers, including when working with other agencies.
Last updated Nov 30, 2020