MODEL RULES - SEARCH WARRANT EXECUTION - PROJECT ON LAW ENFORCEMENT POLICY AND RULEMAKING - APPROVED DRAFT. REV. MARCH 1974

• NCJ Number: 17311
• Author(s): ANON
• Date Published: 1974
• Length: 49 pages
• Sponsoring Agency: Police Foundation
• Corporate Author: Arizona State University; Police Foundation
• Sale Source: Arizona State University
• Language: English
• Country: United States of America

Annotation

GUIDELINES FOR LAW ENFORCEMENT OFFICERS IN SERVING SEARCH WARRANTS AND SEARCHING UNDER THE AUTHORITY OF A WARRANT.

Abstract

THESE MODEL RULES ARE FOR USE BOTH IN PLANNING THE SEARCH AND IN FOLLOWING UP AFTER THE SEARCH. THEY AIM TO MEET STATUTORY AND CONSTITUTIONAL STANDARDS RELATING TO SUCH MATTERS AS THE TIME LIMITATION OF A WARRANT, NIGHTTIME WARRANT EXECUTION, NO-KNOCK ENTRY, SCOPE OF A WARRANT SEARCH, RETURN OF A WARRANT, DISCOVERY OF ITEMS NOT LISTED IN A WARRANT, SEARCHING OR RESTRICTING PERSONS ON THE PREMISES, AND MAINTAINING CUSTODY OF ANY ITEMS SEIZED. THE RULES DO NOT DISCUSS PROCEDURES FOR DRAFTING OBTAINING SEARCH WARRANTS. BECAUSE OF VARIATIONS IN STATE OF LOCAL POLICE RULEMAKING. THE MODEL RULES APPEAR FIRST WITHOUT COMMENTARY AND ARE THEN REPRODUCED IN THE COMMENTARY SECTION WHERE THEIR RATIONALE AND THE LAW IN SUPPORT OF THEM ARE DESCRIBED. RELEVANT UNITED STATES CITED FOR EACH MODEL RULE. (AUTHOR ABSTRACT MODIFIED)