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1 Ohio Investigative Unit Policy Number : INV CRIMINAL PROCESS SERVICE Date of Revision : 2/16/2010 Priority Review : INV Distribution : INV Summary of Revisions E - Search Warrants Purpose Established the Division's polices and procedures relating to criminal legal processes. Policy Definitions: Criminal Process: Those writs, summonses, mandates, warrants, or other processes issuing from a court of law compelling a person to answer for a crime. The term also includes processes issued to aid in crime detection or suppression, such as search warrants. Legal Process: Any item of criminal process, whether original, intermediate, or final that is valid on its face and is to be served or executed by the law enforcement agency. The Ohio Investigative Unit executes criminal arrest warrants and criminal search warrants. When an arrest warrant is requested, the court exercises exclusive jurisdiction over the processing. Once signed by a judge, the warrant may be forwarded to the Ohio Investigative Unit. A copy of the warrant is to be maintained in the case file. The warrant is to be scanned and associated with the case in the OLLE database system. The following addresses areas of agency discretion in performing and recording its legal process functions, including records, and criminal process. These provisions are designed to ensure sufficiency of information, accuracy, timeliness, and accessibility in the delivery of legal process services. A. Criminal Process and Records A, B, C, D, E, F, G, H, I Criminal arrest warrants originating from all courts of record are filed with the Clerk of Courts per the order of the judge of the local jurisdiction in which the warrant originates and should include the following: Date and time received Type of legal process Nature of document Source of document Name of plaintiff/complainant or name of defendant/respondent Agent assigned for service Date of assignment Court docket number Date service due Personnel of the Ohio Investigative Unit may receive information on criminal arrest warrants by: Requesting such information directly from the local Police Department, Sheriff's 02/16/2010 Page 1 of 5

2 Office or Ohio State Highway Patrol Post by telephone or radio communications; Inquiry through the LEADS/NCIC system. B. Legal Process Records A, B, C, D, E The following procedures govern the recording of legal process information. Agents are to take quick and diligent action in serving outstanding Ohio Investigative Unit arrest warrants and/or other criminal legal process documents as permitted by law. Agents will record, update, and maintain the execution or attempted service of legal process documents in the form of a case update. This update may be referenced in a case investigation report and/or as an entry on an agent s daily report. The following information must be documented; Date and time service was executed/attempted; Name of agent(s) executing/attempting service; Name of person on whom legal process was served/executed; Method of service/reason for non-service; and Address of service/attempt. C. Execution of Criminal Process The following procedures shall govern the execution of criminal legal processes: 1. Criminal legal process, as it pertains to this Division, shall include serving arrest warrants, executing search warrants, and issuing court summonses. 2. Agents shall adhere to all constitutional, statutory, and Divisional requirements and policies when serving criminal legal process documents. 3. Criminal legal process issued within Divisional jurisdiction shall have service attempted as soon as possible following receipt. Such legal process may be served during any hour of the day or night in accordance with the Ohio Rules of Criminal Procedure and Ohio Revised Code. 4. Applications for arrest and search warrants shall be based on probable cause. Affidavits shall be made in writing and signed under oath by the affiant before a judge/magistrate. D. Arrest Warrant Service Only sworn personnel of the Ohio Investigative Unit can execute a criminal arrest warrant that is presented to them or that comes to their knowledge while they are performing their duties within the State of Ohio as governed by Ohio Revised Code and in accordance with Ohio Rules of Criminal Procedure Rule 4 and Rule Agents shall only serve arrest warrants while working jointly with a local jurisdiction. Procedures for arrests and summonses shall be pursuant to ORC Chapter Time limitations for trials are set forth in the ORC The issuance of a summons in lieu of arrest is discretionary on the part of the Agent when the appearance of the defendant is reasonably assured. When issuing a summons, the Agent must be familiar with the particular rules of the court having jurisdiction to ensure the proper court date/time, correct issuance procedures, etc Agents will be familiar with those individuals who are privileged from arrest and the circumstances these individuals are privileged from arrest: US Constitution Article I, Section 6 Privileges of Members Ohio Constitution Article 2, Section 12 Privilege of Members from Arrest 02/16/2010 Page 2 of 5

3 Ohio Revised Code Privilege from Arrest 3. The United States is obligated under international treaties and international law to notify foreign authorities when foreign nationals are arrested or otherwise detained in the United States (Diplomatic Immunity). Foreign Consular officials have the right to visit their arrested or detained nationals unless the arrested or detainee objects Consular Notification and Access E. Search Warrant During the course of an investigation, a search warrant may be obtained/executed, according to the following guidelines: 1. Search warrants must adhere to the guidelines set forth in ORC and Ohio Rules of Evidence Rule Once a search warrant is issued (signed), there is a three day window to execute the warrant pursuant to Criminal Rule 41(C). This thee-day window to execute does not include weekends, legal holidays or the day the warrant is issued, per Criminal Rule For a search warrant to issue, it must be based on probable cause. Probable cause is met when there is a reasonable likelihood that contraband or evidence of a crime will be found at the place or on the person to be searched. 4. OIU legal counsel or a local prosecutor must review all search warrants and affidavits prior to presentment to a judge/magistrate for signature. If the reviewing authority requires additional information or notes corrections, these changes must be made prior to presentment to a judge/magistrate. If a local prosecutor reviews the search warrant and affidavit, the prosecutor must be affiliated with the same court as the judge/magistrate who will sign the warrant. 5. Within a reasonable time after executing the warrant, the search warrant, affidavit and inventory return must be forwarded, electronically, to OIU legal counsel. 6. The search warrant must adhere to the following requirements: a. It must be directed to the Agent-In-Charge of the district in which the warrant will be executed. The warrant should also be directed to either the county sheriff or the chief of the local law enforcement agency. b. The warrant must particularly describe the person or place to be searched. Such a description includes the address of the location, the type of structure (frame or brick), a description of the exterior, including color, number of stories, identifying signs, and the location of numbers depicting the address. It must also identify all areas within the curtilage of the place to be searched. This includes garages, tool sheds, storage areas on a multi-unit structure, etc., but it may only include those areas where evidence may be found. c. The warrant must particularly describe items to be searched and seized. If an item is not particularly described in the warrant, it may not be seized unless the item is in plain view and is clearly related to the purpose of the warrant. d. The offense(s) which is (are) the subject of the warrant must be enumerated. e. The warrant must be signed by a judge/magistrate in the jurisdiction in which the warrant will be executed. This judge is required to give the oath to the affiant and observe the affiant sign the affidavit. f. The search/seizure must take place between 7 a.m. and 8 p.m unless a night time warrant has been requested and approved. The affidavit for a night time warrant must list the necessity for a search in the night season. 7. The Affidavit must contain the following: a. It must contain facts/circumstances establishing probable cause. 02/16/2010 Page 3 of 5

4 b. The facts/circumstances may be based on the affiant s personal observations/knowledge acquired during the investigation; information supplied by others, including other law enforcement officers/agencies; or hearsay information c. If the affidavit contains only hearsay information, the information must come from a reliable source and should be corroborated and verified. d. The affidavit must be based on timely information. Probable cause will not be found where the information is stale. In most circumstances, information must be no older than 72 hours. 8. Whenever possible, the enforcement action will be conducted with the cooperation of local law enforcement agencies. In addition to providing added manpower, this can prevent problems for Agents caused by any misunderstanding on the part of the local law enforcement agency. Time permitting, Agents will prepare an operational plan detailing the role(s) of each agency. 9. Prior to the enforcement action, Agents will conduct a complete evaluation of the premises. Case Agents and supervisors will ensure that all Agents and officers involved in the enforcement action are aware of the premises layout, to include doors, stairs, windows, fire escapes, location of evidence to be seized, and any potential hazards. The case agents and supervisors will make each law enforcement participant in the search warrant aware of the scope of the search warrant and their role as detailed in the operational plan. 10. When an Agent takes property from a search he/she shall: a. Give to the person, from whom or from whose premises the property was taken, a copy of the warrant and a receipt for the property taken, or b. Make the inventory in the presence of the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the person who applied for the warrant, and c. Leave a copy of the warrant and receipt at the place from which the property was taken; d. Promptly return the original search warrant and the completed return to the issuing court. 11. Search warrants and inventories are public record once filed with the clerk of the court. In situations involving ongoing or sensitive investigations, an agent may request an order to seal. This requires supervisory approval. ORC Return and Inventory of Property F. Arrest Warrant Request Process and Records There are three methods by which arrest warrants are generally issued that involve the Division operations: pre-indictment, post-indictment, and misdemeanors. Under the methods utilized by many courts, Sheriff s offices, bailiffs or other court personnel serve most arrest warrants. The involvement of the Ohio Investigative Unit after the issuance of a warrant will depend on that particular court s operations. Pre-indictment The prosecutor files a felony complaint after approval. The case Agent signs the complaint and the Court issues a warrant. Post-indictment After a case has been considered by the Grand Jury, and an indictment is returned the accused may be summoned or an indictment warrant may be issued. If an indictment warrant is issued, it is sent out for service. 02/16/2010 Page 4 of 5

5 Misdemeanors Majority are handled through the issuance of a summons ORC Filing of Affidavit or Complaint Procedure Minor Misdemeanor summons ORC Minor Misdemeanor Citation Standard References Policy References INV ENFORCEMENT DISCRETION INV INV INV INV INV INV STANDARD ENFORCEMENT GUIDELINES PROPER IDENTIFICATION PROCEDURES PERSONAL SERVICE - SUBPOENA REQUESTS & LIQUOR COMMISSION ORDERS POWERS AND DUTIES ENFORCEMENT AGENTS WARRANTLESS SEARCH AND SEIZURE LEADS OPERATIONS & PROCEDURES 02/16/2010 Page 5 of 5