Writing Search Warrants
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Search Warrant Writing
This course is designed for law enforcement officers and prosecutors. The students will learn how to draft a search warrant affdavit by collectively discussing fact based scenarios. The course will also concentrate on their affidavit surviving the close scrutiny of the courts. The class will review the Fourth Amendment and any procedural and case law requirements within the state where the course will be taught.
The presentation will consist of lecture that is interspersed with practical exercises. The exercises consist of factual situations that will be provided to the students. The students will discuss those facts and then, as a group, prepare an affidavit for search warrant, along with the warrant itself. The discussion will be led by the instructor. The students will decide what information will be put into the affidavit and who they want to word that information. The instructor will actually type the affidavit “real time” and the students watch the affidavit being constructed as it is shown on the PowerPoint screen. Then, the instructor will offer constructive criticism and make corrections to the students’ work product.
The lecture portion of the class will include:
- Knock and Talks;
- The Fourth Amendment as applied to search warrants;
- How to properly describe the place to be searched;
- How to properly describe the tings to be seized;
- Making sure that you have included everything in the warrant that you have a right to seize;
- How to deal with computers and cell phones when asking to seize them and then search the content of those devices;
- Naming or describing persons that you want to search, under the authority of the search warrant;
- Describing the probable cause:
- Organizing the facts
- Creating a timeline
- Sources of probable cause
- Conclusory statements
- Trying to insulate the informant
- Being sure to state probable cause to support each item that you are asking to search for
- How to prepare the search warrant
- Execution Issues:
- Knock and announce
- Who gets searched during the execution of the warrant;
- What are the limitations in executing a search warrant;
- Gathering “evidence” in addition to seizing contraband.
Each student will receive a handout that details the requisites of drafting a search warrant and search warrant affidavit. The handout provides suggested language that the student can use when drafting warrants in the field. They will also receive a compact disc containing various templates for search warrants, as well as examples of several affidavits used in more complex situations. Also, each student will receive, by email, the affidavits and warrants that the class built during the two day course.
Course Information
- 16 hours of TCOLE credit will be awarded after successful completion of this course
- $250 per student, which includes breakfast and refreshments both days
- Business casual
- Class size is limited. Seats will be awarded on a first come, first served basis.
- A working laptop is required for this course.
About the Instructor
L.E. “Ted” Wilson is a retired Assistant District Attorney from the Harris County District Attorney’s Office, a police instructor and consultant to law enforcement agencies nationwide, and is a nationally recognized expert in writing search warrants. Mr. Wilson is co-author of Warrants Manual for Arrest, Search and Seizure, a treatise focused on drafting affidavits and warrants for all types of arrests and searches, which contains a new section regarding how to obtain digital evidence and access cell phones.
Contact
For questions or assistance, please contact Sergeant Brian Benningfield at policetraining@lakeworthtx.org or by calling (817) 255-7934.
