42E-Search Warrants Affidavits 2019

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Policy & Procedure Page 1 of 10 Lexington Police Department Subject: Search Warrant Affidavits Policy Number: 42E Accreditation Standards: Reference: Effective Date: 12/1/11  New  Revised Revision Dates: 1/24/19 By Order of: Mark J. Corr, Chief of Police The Municipal Police Institute, Inc. (MPI) is a private, nonprofit charitable affiliate of the Massachusetts Chiefs of Police Association. MPI provides training and model policies and procedures for police agencies. This policy is an edited version of MPI Policy 1.09, “Search Warrant & Affidavits.” GENERAL CONSIDERATIONS AND GUIDELINES An affidavit is a formal declaration, or statement of facts, in writing, made voluntarily and confirmed by oath or affirmation before a person having the legal authority to administer such oath or affirmation. An affidavit must contain the facts, information and underlying circumstances which have led a police officer reasonably to believe that a particular crime has been, is being, or is about to be committed, and that sizeable property connected with that crime is likely to be found in the place or upon the person to be searched. The basic requirements for affidavits and search warrants are found in the Fourth Amendment to the U.S. Constitution, which provides as follows: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized." Similar wording is also found in Article XIV of the Massachusetts Declaration of Rights, contained in the Commonwealth’s Constitution.