logo.jpg (20419 bytes)

 

Anoka County Attorney

Training Update

 

August 2001

Sean Gibbs

August, 2001

SEARCH WARRANT QUIZ

Because we have many new law enforcement officers in Anoka County, we want to cover some basics of search warrants. This SEARCH WARRANT QUIZ covers some of the essential things that all law enforcement should know with regard to search warrants. For you veteran officers, this quiz will serve as a refresher on search warrant basics. Take the search warrant quiz and see how much you really know about search warrants.

 

  1. True or False: ANY District Court Judge having jurisdiction may issue a search warrant.

  2. True or False: A search warrant may issue only for felonies and gross misdemeanors.

  3. A Tenth Judicial District Court Judge, chambered in Anoka County, is approached by Anoka County Sheriff’s Office Detectives AND a detective for the Minneapolis Police and asked to issue a search warrant which will be executed in Minneapolis. May the Judge issue the search warrant?

  4. Which of the following, if any, may NOT execute a search warrant:

a. Licensed police officers
b. Conservation officers
c. BCA agents
d. Gambling enforcement agents
e. State Patrol officers

  1. True or False: The person seeking the warrant and swearing to the probable cause affidavit MUST sign the search warrant application.

  2. An Anoka County Sheriff’s Office Detective and a detective for the St. Paul Police are seeking a warrant which will be executed in Anoka County. May an Anoka County District Court Judge issue the search warrant to the St. Paul Detective for the St. Paul Detective to execute, if the Anoka County Detective is present during the execution of the warrant?

  3. What time of day may a search warrant be executed when a nighttime search is NOT authorized by the Court?

  4. How quickly must a search warrant be executed and returned to the court?

a. 12 hours
b. 24 hours
c. 3 days
d. 10 days

  1. True or False: When a search warrant is executed and property is taken, the person who is in possession of the premises or the property MUST personally be handed a copy of the application for the search warrant, the search warrant and a property inventory receipt.

  2. True or False: If the person who is in possession of the premises or the property is NOT present when the warrant is executed, then it is permissible to leave copies of the warrant and property inventory receipt in a conspicuous place.

  3. Once the search warrant has been executed, what must be returned to the issuing court?

  4. True or False: An executed warrant must be returned to the court even if nothing is found.

  5. True or False: There is no requirement that an un-executed warrant be filed.

 

ANSWERS

 

  1. TRUE: Search warrants may be issued by any court, (other than a court exercising probate jurisdiction) having jurisdiction in the area where the place to be searched is located. Minn. Stat. 626.06

  2. FALSE: Search warrants may issue for felonies, gross misdemeanors, AND misdemeanors, including misdemeanor municipal ordinances. Minn. Stat. 626.05, Subd. 3.

  3. NO. The Anoka County Judge may NOT issue the warrant because the Anoka County Judge does not have jurisdiction in Hennepin County. A judge may only issue the warrant if she has jurisdiction in the area to be searched. Minn.Stat. 626.06.

  4. ALL of the persons listed may execute a search warrant. Minn.Stat.626.05, Subd.2

  5. TRUE. Minn. Stat. 626.09

  6. NO. An Anoka County Judge may NOT issue a search warrant to the St. Paul detective to execute the warrant in Anoka County. A judge must issue the warrant to a peace officer in the judge’s county or to a BCA or gambling enforcement agent. Minn.Stat. 626.11.

  7. Between 7:00 a.m. and 8:00 p.m. unless specifically authorized. Minn. Stat. 626.14

  8. "d. 10 days" A search warrant must be executed and returned to the court which issued it within ten days after its date. Minn.Stat. 626.15

  9. FALSE. This was a hard question. It is false for two reasons. One, there is no requirement that the person be personally handed the copies, and two, the person is not given a copy of the warrant application. Minn.Stat. 626.16 (Give yourself two points if you knew the answer was false for both of those reasons.)

  10. TRUE. Minn.Stat. 626.16

  11. The written inventory, the application, and the warrant. Minn.Stat.626.17

  12. TRUE. Minn.Stat. 626.16, 626.17

  13. TRUE.

 

GRADING SCALE:

(All answers worth one point each)

 

11 – 13 points = Excellent, you should be a Judge or a Sheriff

8 – 10 points = Very good – "Sherlock Holmes" or "Starsky and Hutch"

5 – 7 points = Good – "Detective Sipowicz" (needs improvement on technicalities but still gets great results)

3 – 4 points = Fair – "Junior Detective" or "Shaggy from Scooby Doo"

1 – 2 points = Poor – apply for a search warrant to find your brain.

 Sean Gibbs, Assistant Anoka County Attorney