NCJ Number
134476
Journal
Law Enforcement Quarterly Dated: (February-April 1992) Pages: 20-25,39
Date Published
1992
Length
7 pages
Annotation
This article instructs both police patrol officers and deputy district attorneys for San Diego County (California) in their tasks for the implementation of a telephonic search warrant.
Abstract
The telephonic search warrant is a means of obtaining a warrant after work hours in the evening, on weekends, or holidays. Two deputy district attorneys (DDA's) are assigned to telephonic warrant duty for a 1-week shift (6 p.m. on one Friday to 6 a.m. the following Friday). For each week the home phone numbers and pager numbers of the DDA's on duty are issued to police headquarters and substations. Upon calling the DDA, the officer requesting the warrant provides information in accordance with a form issued to officers. The officer completes the form prior to talking with the DDA. If the DDA believes there is probable cause to issue a search warrant based on the officer's information, the DDA calls the duty judge and repeats the information provided by the officer. Should the judge give approval for proceeding with the warrant, the DDA calls the marshal's office, which establishes a four-way conference call that involves the patrol officer, the DDA, the duty judge, and a representative of the marshal's office. The essential questions required for the warrant were asked the officer by the DDA; the judge may also ask questions. The conversations are recorded by the marshal. The judge determines whether or not the warrant will be issued. The tasks of the officer and the DDA in this entire procedure are detailed in this article.