Best (and worst) practices for serving a warrant

Trebor1415

practical experience, FTW
Super Member
Registered
Joined
Jan 3, 2009
Messages
653
Reaction score
82
Location
Michigan
I need a SWAT team to serve a search (and possibly arrest) warrant on the wrong house as part of my story. Actually, I'm not sure if it should be a legit raid, just on the wrong house, or a raid executed on the correct address, with a warrant, but with really weak or insufficient justification for the warrant. It is drug related.

The key thing is either the warrant is on the wrong address entirely, or it is on the correct address, but the people are not involved in any criminal activity.

What are the accepted "best practices" for obtaining a search warrant on a residence, especially one that involves a dynamic entry?

How could those practices "go bad" to allow a warrant when some third party looking at it afterwards (like an attorney or a different judge) would say, "They got a warrant based on that?" (I'm talking about the right address/innocent people scenario here).

If I go the other route, and the warrant and justification are legit, but they do a dynamic entry on the wrong address (house), how would things break down for that to happen? Aren't there supposed to be some sort of safeguards, survellience, etc, to ensure they have the correct address?

One last thought: I've been thinking the reasoning for the warrant would be drug related, especially if I go the "right address/no real crime" route. Would it make more sense to justify a SWAT team though if they are going after someone with a history of violence/wanted for murder/etc? I could work that in, especially if I go with the "wrong address" idea.

What I really need though is an idea of why "best practices" can go wrong to allow other scenario to happen.
 

WeaselFire

Benefactor Member
Kind Benefactor
Super Member
Registered
Joined
May 17, 2012
Messages
3,539
Reaction score
429
Location
Floral City, FL
A warrant is the same, whether it's for a fugitive apprehension or whatever. It is quite easy for the wrong address to get into a warrant, though it gets checked meticulously. A detective transposes numbers, it gets looked up on the property appraiser's map and they pick the wrong parcel or the informant got the wrong address and the police didn't get to verify.

There are plenty of cases where warrants were bad. A quick Google will find you plenty of real-life examples:

http://articles.latimes.com/2000/oct/17/local/me-37789
http://www.mauinews.com/page/content.detail/id/557162/Suit-alleging-MPD-executed-search-warrant-at-w
http://www.courthousenews.com/2012/07/18/48482.htm
http://reason.com/blog/2012/08/10/st-paul-cops-shoot-dog-in-wrong-door-rai

Many more...

Jeff
 

Trebor1415

practical experience, FTW
Super Member
Registered
Joined
Jan 3, 2009
Messages
653
Reaction score
82
Location
Michigan
Yep, I know there are plenty of instances where the wrong house is raided for a warrant.

What I want to know is what are the "best practices" that are supposed to be followed to keep it from happening and how they can go wrong. How is the address verified? How do you make sure it's the suspect's address and not some random house he happened to enter once? etc.

I also need some general info on the "how to" of getting a warrant in the first place from an insider's perspective. All I have right now is a vauge idea,but some details would help me firm up my understanding a bit.
 

thothguard51

A Gentleman of a refined age...
Super Member
Registered
Joined
Oct 16, 2009
Messages
9,316
Reaction score
1,064
Age
72
Location
Out side the beltway...
Don't have specific answers, but here are some questions to think about...

1...Is the informant someone the cops have worked with previously? Is he trust worthy? This might make fact checking more or less an issue than normal.

2...Do your cops send someone to check out the actual street address prior to the raid? Do they know if their are pets, children or others living at this address that they might have to worry about? Do they know if the doors and windows are barred or reinforced? If its drugs related, they will also want to know about the possibility of any weapons in the house, from the informant.

3...Does the judge who issues the warrant question the accuracy of the address and any persons listed on it?

4...Has the judge had any problems in the past with the office or officers presenting the warrant? If so, he might demand more evidence.

5...Are the cops requesting the warrant, honest or bad. The swat team is separate from the cops requesting the warrant and if they had any trouble with the cops previously, they will do some checking of their own to make sure they have all the answers they need.

Good luck on this...
 

John342

Super Member
Registered
Joined
Jun 7, 2012
Messages
305
Reaction score
18
Location
Chicago
Yep, I know there are plenty of instances where the wrong house is raided for a warrant.

What I want to know is what are the "best practices" that are supposed to be followed to keep it from happening and how they can go wrong. How is the address verified? How do you make sure it's the suspect's address and not some random house he happened to enter once? etc.
It can happen a couple ways. The detective writes down the wrong address from the beginning and gets a warrant signed by a judge for the wrong address. When the swat team shows, they in fact have a valid warrant to make an entry to the house on the warrant.It can also happen as Trebor says. When you move in to serve your warrant, you do not want to be standing around in front of the house double checking, while the bad guys are flushing toilets. That stuff is supposed to be done and verified before you move in. The swat team usually just goes where they are pointed. As far as I know, the best practice for verifying the address is a common sense thing... drive by and make sure the address you have the warrant for is the house you saw the buy at. But in the rush to get in there quick... that step gets skipped sometimes.

I also need some general info on the "how to" of getting a warrant in the first place from an insider's perspective. All I have right now is a vauge idea,but some details would help me firm up my understanding a bit.
In a drug case, the normal best practice is to have a controlled buy at the house. In my area the prosecutor wants three buys before they will authorize seeking a warrant. A controlled buy will use marked money, and police will watch the buyer enter the house and leave checking him for drugs both before and after to verify he in fact had no drugs before and came out with. It can be the same buyer each time or a different one each time, and it can be the police or an informant.

Your question about what would a authoritative third party say if the warrant was obtained with "ify" information, sometimes is that the informant is less trust worthy than the person being arrested. Taking his word for something may be shown later to be a mistake, and or could have been easily found to be dubious with a simple records check. Say for example that you are send him into an apartment and you can't watch the front door. Informant has a vendetta against the guy in 102 or has a vendetta against the guy you want (in 105) and can get drugs from another apartment on the same floor. You are completely trusting his word that he made the transaction with 105, without being able to swear to it yourself. I am sure you could construct a better scenario yourself... Also remember having an informant where a wire might get him killed, so that usually doesn't happen.


Hope that helps,

John
 

Jones()

Super Member
Registered
Joined
Sep 19, 2012
Messages
82
Reaction score
9
Website
irememberdayton.blogspot.com
Not all warrants are the same. Generally, even if police have a search warrant, they have make a reasonable attempt at entering peacefully before busting the door down -- unless there are special circumstances or they've been issued a "no knock" warrant. To find a good recent example of this (where the police entered without knocking and a court found they were wrong), run a Google search on the following citation:

674 F.3d 456

Somewhere in the results, you'll find a copy of the case (Bishop v. Arcuri,decided last March). The court does a pretty good job of laying out the facts and then analyzing the legal standard for getting a regular warrant and doing a "no knock" entry. Inside the case, you'll find references to other cases. Consider using them as a guide (case law, by the way, can provide a lot of unique inspiration for fiction).

take care

---Jones()