G2.2.4 Search and Seizure with a Warrant
Chapter: Chapter 02: Role and Authority
Sub-Chapter: 2.2 - Limits of Authority
Effective Date: 06/11/2020
Revised Date: 10/26/2023
Rescinds: G2.2.4 – 7/30/2021
Purpose
To provide guidelines and governance to the Indiana University Police Department (IUPD) for the execution of search warrants.
General Order
The IUPD professionally conducts all searches and seizures and complies with all constitutional and statutory provisions when obtaining, executing, and returning search and seizure warrants. All officers involved in obtaining, executing, and returning search and seizure warrants will document all relevant information, including actions taken and copies of affidavits or other paperwork, in the appropriate case report within the IUPD’s Records Management System.
Obtaining a Search Warrant
The Fourth Amendment to the United States Constitution prohibits unreasonable searches. Officers will consider obtaining a search warrant whenever time and circumstances permit. When requesting a search warrant, officers will complete the applicable affidavit or provide sworn testimony to the appropriate judge. The affidavit or sworn testimony will:
- particularly describe the place to be searched and the things to be searched for;
- allege substantially the offense in relation thereto and that the officer believes and has good cause to believe that the things sought are concealed there; and
- set forth the facts known to the officer through personal knowledge or based on hearsay, constituting the probable cause. When based on hearsay, the affidavit or sworn testimony must either contain reliable information establishing the credibility of the source and of each of the declarants of the hearsay and establishing that there is a factual basis for the information furnished; or contain information that establishes the totality of the circumstances corroborates the hearsay.
The accuracy of the affidavit or sworn testimony is vital to the validity of the search warrant. Officers will ensure that the information contained in the affidavit or sworn testimony is complete and accurate.
The use of unannounced entries (often referred to as “no-knock entries”) are prohibited except in the most extreme circumstances where imminent danger is present, circumstances pose an immediate threat to the safety of officers or others, and the element of surprise is critical to prevent serious injury or death. Prior to seeking judicial approval for an unannounced entry search warrant, the superintendent for public safety, or designee, must approve the request based on a risk assessment which outlines specifically why the unannounced entry is necessary, level of threat or violence associated with the crime leading to the search, and any weapons or destructive devices present in the location to be searched.
Executing a Search Warrant
Search warrants will be executed in accordance with the information contained in the warrant (e.g. location, time, scope, etc.). Prior to executing the search warrant, officers will review the warrant to ensure that the information is accurate and complete, and that the warrant has been properly signed. Officers will not attempt to serve any warrant that officers reasonably know or believe contains substantive or administrative errors.
Officers may execute verified and valid search warrants resulting from an IUPD investigation outside the jurisdiction and service boundaries of the IUPD only after obtaining approval from a supervisor. The approving supervisor will ensure that the law enforcement agency with jurisdiction is notified prior to any attempt to serve the search warrant. A reasonable attempt to have an officer of that jurisdiction present prior to service will be made.
Prior to executing any search warrant, the supervisor will develop a written operational plan and ensure all officers involved are briefed on their roles and responsibilities.
Officers will be clearly recognizable as law enforcement officers when executing a search warrant. Any plain clothes officers will be clearly identified as law enforcement officers by an IUPD approved distinctive indicator(s). Unless prior approval has been granted and the search warrant provisions indicate an unannounced entry is authorized, officers will knock and announce their presence when executing a search warrant. No set time is required before attempting forced entry after knocking and announcing the presence of law enforcement and their intentions. However, officers will provide a reasonable time for occupants to respond prior to forced entry.
Return of Service of a Search Warrant
The officer who executed the search warrant will make a return on it directed to the court or judge who issued the warrant, and this return will indicate the date and time served and list the items seized. The items seized will be entered into evidence in accordance with applicable IUPD general orders.
Family Educational Rights and Privacy Act (FERPA)
FERPA stipulates student records have certain protections. Generally, search warrants for student records will not be executed until the student whose records are the target of the search is notified consistent with FERPA and has an opportunity to respond. In the event student records are the subject of a search warrant, the IUPD will consult with the Office of the Vice President and General Counsel prior to executing the search warrant to ensure compliance with all applicable laws.
Related Information
Indiana Code
- 35-33-5 Search and Seizure
Indiana University
- VPSS-05 Student Rights Under FERPA and Release of Student Information
Indiana University Police Department
- F2.2.4-1 Search Warrant Operations Plan