42F-Executing Search Warrants 2019

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Policy & Procedure Page 1 of 8 Lexington Police Department Subject: Executing Search Warrants Policy Number: 42F Accreditation Standards: Reference: 74.3.1 Effective Date: 12/1/10  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 1.18, “Executing Search Warrants.” GENERAL CONSIDERATIONS AND GUIDELINES The execution of search warrants can be a demanding and potentially dangerous task. Sufficient care should be taken in analyzing the circumstances surrounding the offense, the suspects, and the location at which the warrant will be served, and in planning an appropriate response. Dangerous materials including, weapons, explosives, chemicals, drugs and other potentially deadly threats face the unsuspecting or unprepared officers. Assigning an insufficient number of officers, or relying on untrained personnel, may increase the risk of deadly consequences. It is essential to have a process to evaluate and classify search warrants, so as to tailor search warrant execution procedures. The officer seeking the warrant should make certain that the judicial official contacted has the authority to issue search warrants in that locality and that the official has not made any errors on the face of the warrant or in the course of its issuance. The warrant should be scrutinized with great care to ensure that: • The correct form has been used. • All the blanks have been filled in. • The information set forth is accurate and legally sufficient. • The issuing magistrate or judge has properly signed the warrant. It is the responsibility of the officer obtaining the warrant to make certain that the warrant is correct and has been issued properly. An additional review by the Detective Commander is recommended. It is the policy of the Lexington Police Department to: