Describe what should be done when officers execute a search warrant in a home

What will be an ideal response?


The first step for the officers is to read the warrant and verify that it is valid on its face. Once they are satisfied that it is, they should proceed to the residence and follow correct knock-and-announce procedures. The officers must knock, announce their presence and purpose, and then wait long enough for someone to answer the door. If no one does, the officers can enter forcibly. If they have knowledge of a strong likelihood of danger to officers, destruction of evidence, escape of suspect, or harm to innocent people in the building, they may enter without any effort to comply with knock-and-announcing. If they start the knock-and-announce procedure and then discover one of the above listed dangers, they may enter without finishing the procedure.
Once inside the officers most likely will do a protective sweep. This allows officers to look in the immediate area for people who might try to ambush the officers. If the officers want to extent the sweep beyond the immediate area, they must have reasonable suspicion that someone is hiding in the area they intend to check.
After the protective procedures are complete, the officers will conduct a search in the locations listed in the warrant for the things they are authorized to seize. The key to this search is the size and shape of the items they are authorized to seize. They may look anywhere in the areas they are allowed to search, for items the size and shape of what they are authorized to seize. If the items are large, the officers may walk through the area and look in closets large enough to conceal the items. If the items listed in the warrant are small, the officers may open drawers to look for them.
The Plain View Doctrine applies while executing warrants. As long as the officers are at a spot they are legally allowed to be, they may look for anything of evidentiary value in addition to the items listed in the warrant. While the officers may move about, stretch, use flash lights, they may not pick up anything to examine it or look for serial numbers or other identifiers. If they have probable cause they may seize item found in plain view.
After the search has ended, the officers must fill out the "return.". This document, frequently printed on the back of the warrant, asks for facts about when the warrant was executed and what items were seized. A copy of the warrant and the inventory must be given to the resident. If no one is home, these items should be left in a conspicuous place.

Criminal Justice

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