Bulletproof Search Warrants

Course Introduction

1)Instructor introduction.

2) Explain the course objective.

a) When should officers get a warrant, even when they don’t need to?

b) How to write bulletproof affidavits

c) How to execute a search warrant constitutionally

3)  Encourage attendees to ask questions and share feedback with other attendees.

4)  Explain that certificates will be emailed after the class and each student will be registered in the Blue to Gold University.

5)  Go over the three disclaimers:

1. a)  Laws and agency standard operating procedures may be more restrictive. Blue to Gold teaches the federal standard unless otherwise stated. Therefore, students must know their state and local requirements in addition to the federal standard.
2. b)  If students have any doubts about their actions, ask a supervisor or legal advisor.
3. c)  The course is not legal advice, but legal education. Therefore, nothing we teach should be interpreted as legal advice. Check with your agency’s legal advisor for legal advice.

Module One: Fundamentals

1) The Fourth Amendment

2) The Fourth Amendment Protects Four Things: a) People

b) Structures and Curtilage

c) Data

d) Possessions

Module Two: Affidavit

1) Warrant Preference

2) Statutory Authority

3) Pre-Warrant Issues

4) Probable Cause

5) Anticipatory Warrants

6) Place to be Searched

7) Description of Objects

8) Description of Vehicles

9) Description of Persons

10) Description of “All Persons on the Premises”

Module Three: Things to be Seized

1) Legal Rule

2) Description of Contraband

3) Description of Fruits of Crime

4) Plain View Seizure

5) Description of Related Evidence

6) Effects of Inconsistencies or Mistakes

7) Nexus Issues

8) Oath or Affirmation

Module Four: Magistrate

1) Who May Issue

2) When It May be Issued

3) Impartial

4) Rubber Stamp Judges

5) Judge Shopping

Module Five: Arrest Warrants

1) First Party Homes

2) Third Party Homes

Module Six: Executing Warrants

1)Timeliness of Execution

2)Seize First, Search Later

3) Reissuance

4)Absence of Warrant

5) Curtilage

6)Knock and Announce

7)How Long to Wait

8)Useless Gesture

9)Entry by Trick

10) No Knock Warrants

11) Nighttime Service

12) Sneak and Peek Warrant

13) Detaining Occupants

14) Deploying SWAT

Module 7: Post-Warrant Requirements

1) Return, Receipt, and Inventory

2) Four Corners Rule

3) Wrong Address Liability