405 Fugitive and Search Warrants

405.1 PURPOSE AND SCOPE

The purpose of this order is to establish the guidelines for filing arrest and search warrants.

405.2 ARREST WARRANTS

This section outlines the guidelines for employees to follow when obtaining an arrest warrant

and the proper internal handling procedures to ensure the warrant is properly entered into

Local, TCIC, and/or NCIC.

(a) Employees will complete the investigation of an alleged offense before obtaining an arrest

warrant.

1. Exigent circumstances that supersede the completion of the investigation will be discussed

with the Unit supervisor and with the appropriate County or District Attorney's office of the

county where the offense occurred.

(b) The City of Austin overlaps into multiple counties. Depending on the county in which the offense

occurred, personnel will prepare either a complaint or a probable cause affidavit for presentation

to the appropriate Magistrate in the county where the offense occurred.

1. All felony affidavits/complaints will be reviewed by a supervisor prior to presentation to a

Magistrate.

2. Affidavits/complaints for any case of a complex nature (as determined by the Unit supervisor)

will be presented to an Assistant County/District Attorney from the county where charges are

to be filed, if available, for review and advice on the proper wording or text of the

affidavit/complaint prior to the Magistrate's review.

3. The affidavit/complaint along with the subject's criminal history, if any, will be presented to

the proper Magistrate for signature. Further documentation of facts to be considered when

setting bond may be presented with the affidavit/ complaint and criminal history.

405.2.1 ARREST WARRANT "PICKUP" SUPPLEMENT

Any employee wishing to obtain an arrest warrant for a person will first complete a "PICKUP"

supplement in Versadex using the "PICKUP" supplement template.

(a) Completely fill out the "PICKUP" supplement to include the following information:

1. Name, date of birth, race, and sex of the wanted person.

2. Any known aliases.

3. Identification numbers (e.g., Texas DL/ID, SSN, DPS SID, FBI, APD).

4. Any other state identifiers (e.g., handgun/firearm permit).

5. Residence address(es). Clearly notate in this field if a subject is currently in custody at any

detention facility and advise the Central Records/Warrant Unit staff when dropping the

warrant off.

6. Employer(s).

7. Vehicle(s) information (e.g., license plate number, make, color, style, year model)

8. Any other vehicle identifiers (e.g., collision information, bumper stickers).

9. Charge being filed.

10. Clearly state if the person is violent, has a history of resisting arrest, any history of previous

weapons charges or is licensed to carry a firearm.

11. Name and phone number of the District Attorney contacted for NCIC extradition purposes.

(b) After the warrant has been signed by a Magistrate, the employee will update the "PICKUP"

supplement with the warrant number, bond amount, and issuing Magistrate.

405.2.2 OBTAINING AN ARREST WARRANT

(a) Depending on the County in which the offense occurred, employees will prepare the following

documentation:

1. Travis County - Prepare a probable cause affidavit, a Travis County warrant, and a Municipal

Court cover sheet.

2. Williamson County - Prepare a complaint, probable cause affidavit and a Williamson County

warrant.

3. Hays County - Prepare a complaint, probable cause affidavit and a Hays County warrant.

(b) Employees will present the typed affidavit/complaint and warrant to a Magistrate for signatures in

the County where the offense occurred.

1. A separate affidavit/complaint and warrant are required for each offense or victim.

2. The affidavit/complaint should identify the affiant, the name of the victim and suspect, the

type of offense, and the elements that constitute a violation of law.

3. The contents of the affidavit/complaint must indicate that the suspect committed the crime.

4. Employees will not file any charge or complaint alleging any type of law violation in any court

within Travis County except for Municipal Court without authorization from their supervisor.

5. In Williamson County, the affidavit, complaint and warrant can be presented to any Justice

of the Peace and all County or District Judges currently holding office in Williamson County.

Warrants, affidavits and complaints signed by a court other than a Justice of the Peace must

be presented to a JP office to obtain a Cause #.

and a cause number will be obtained for both.

1. Travis County - Municipal Court charges office.

2. Williamson County – Williamson County Justice of Peace Courts have clerk services

available.

3. Hays County - Hays County clerk's office.

(d) Employees will:

1. Make copies of the signed affidavits/complaints to be kept with the original warrant packet

and submit the original affidavits/complaints to the appropriate clerk for retention.

2. If in Williamson County, deliver the original warrant to the Williamson County Sheriff's office

located at 508 South Rock St. Georgetown, TX.

3. Scan and file the warrant packet as outlined below.

Employees will present the typed affidavit/complaint and warrant to a Magistrate for signatures in the

County where the offense occurred. Employees will prepare the following documentation:

(a) Travis County:

1. Prepare a probable cause affidavit, a Travis County warrant, and a Municipal Court cover

sheet.

2. A separate affidavit/complaint and warrant are required for each offense or victim.

3. The affidavit/complaint should identify the affiant, the name of the victim and suspect, the

type of offense, and the elements that constitute a violation of law.

4. The contents of the affidavit/complaint must indicate that the suspect committed the crime.

5. Employees will not file any charge or complaint alleging any type of law violation in any court

within Travis County except for Municipal Court without authorization from their supervisor.

6. Magistrate signed warrants and affidavits/complaints will be taken to the Municipal Court

charging office and a cause number will be obtained for both.

7. Employees will make copies of the signed affidavits/complaints to be kept with the original

warrant packet and submit the original affidavits/complaints to the appropriate clerk for

retention.

8. Employees will scan and file the warrant packet.

(b) Williamson County:

1. Misdemeanors – Prepare a complaint, probable cause affidavit, and a Williamson County

warrant. The affidavit, complaint and warrant can be presented to any Justice of the Peace

and all County or District Judges currently holding office in Williamson County. Warrants,

affidavits and complaints signed by a court other than a Justice of the Peace must be

presented to a JP office to obtain a Cause Number.

2. Felonies – Excluding "On-View" or "Instanter" arrests, all felony arrest warrants must be

staffed and approved by the Williamson County District Attorney Intake Division prior to

signature by a Magistrate. Warrant affidavits shall include a sentence identifying the

prosecutor approving the warrant.

(a) While it is unlikely that a detective’s complete investigative report and copies of all

digital evidence be available for final review by the Williamson County DA’s office at the

time of arrest warrant presentation, detectives should make all efforts to provide this

information in a timely manner.

(b) Intake staff will provide detectives with an Odyssey DA Control Number on the final

approval of arrest warrants and receipt of the investigation reports and documents.

District Court Judges, the Associate Judges or their designee for review and signature

of all felony warrants during normal business hours. Intake staff or the on call attorney

shall direct officers to the on-duty Magistrate after normal business hours.

(d) Officers will obtain a warrant number from the Williamson County Magistrate’s Office

upon signature by a Williamson County District Judge or Williamson County Magistrate.

(e) When officers or detectives are made aware that the subject of a Williamson County

warrant has been arrested and taken to a jail other than in Williamson County, they

shall notify the Intake Division at daintake@wilco.org or (512) 943-1234.

(f) Magistrate signed warrants and affidavits/complaints will be taken to the appropriate

clerk's office and a cause number will be obtained for both.

1. Misdemeanor – Williamson County Justice of Peace Courts have clerk services

available.

2. Felonies – Officers shall obtain a warrant number from the Williamson County

Magistrate’s Office, located at the Williamson County Jail facility, upon signature

by a Williamson County District Judge or Williamson County Magistrate.

(g) Employees will make copies of the signed affidavits/complaints to be kept with the

original warrant packet and submit the original affidavits/complaints to the appropriate

clerk for retention.

1. Deliver the original warrant to the Williamson County Sheriff's office located at 508

South Rock St. Georgetown, TX.

2. Employees will scan and file the warrant packet.

1. Prepare a complaint, probable cause affidavit and a Hays County warrant.

2. Detectives wishing to file charges in Hays County will contact the Hays County District

Attorney’s Office for guidance on the proper magistrate to present the above mentioned

documents to.

3. Magistrate signed warrants and affidavits/complaints will be taken to the Hays County clerk’s

office and a cause number will be obtained for both.

4. Employees will make copies of the signed affidavits/complaints to be kept with the original

warrant packet and submit the original affidavits/complaints to the appropriate clerk for

retention.

5. Employees will scan and file the warrant packet.

405.2.3 SCANNING REQUIRED ARREST WARRANT DOCUMENTATION

Warrant packet items must be scanned in the following order via a Xerox scan/copy station

into the G:\Xerox\Warrants folder after the arrest affidavit/complaint is signed by a judge but

prior to submitting the hard copies to the Central Records/Warrant Unit.

(a) Original signed warrant. (Copy if charges filed in Williamson County)

(b) Copy of the affidavit/complaint signed by the magistrate.

(d) Victim Notification Form for Family Violence offenses, if applicable.

(e) Detective Warrant Served Notice form.

405.2.4 SUBMITTING DOCUMENTATION TO CENTRAL RECORDS/WARRANT UNIT

(a) Original APD arrest warrant packets will be filed with the Central Records/Warrant Unit

immediately after being scanned if the warrant is obtained during the Central Records/ Warrant

Unit's normal business hours.

1. If the warrant is obtained after Central Records/Warrant Unit's normal business hours,

Teletype will be notified directly by phone of the arrest warrant. If the warrant meets the

criteria for immediate entry, the entire arrest warrant packet will be faxed to Teletype at 974-

0900.

2. An exception to this rule will be authorized when the arrest warrant is served immediately

upon receipt (e.g., suspect is being interviewed, suspect is under surveillance).

(b) The arrest warrant packet will include the following documentation:

1. Original warrant.

2. Copy of the affidavit/complaint signed by the Magistrate.

3. Copy of the suspect's drivers license and/or state ID return.

4. Printout of the "PICKUP" supplement to the incident report.

5. Printout of the subject's QH from CCH (state) and QH from NCIC (national). Do not submit

the QR rap sheets.

6. Emergency Protective Order (EPO) for Family Violence offenses, if applicable.

7. Victim Notification Form for Family Violence offenses, if applicable.

8. Any other information pertinent to the wanted subject or investigation.

9. Detective Warrant Served Notice form.

warrant packet has been scanned and submitted to the Central Records/ Warrant Unit. Warrants

will be clearly stamped "COPY."

405.2.5 ARREST WARRANT SERVICE

Investigative Unit personnel may serve a filed arrest warrant as outlined in General Order 319

(Arrests). Warrants may also be turned over to the APD Fugitive Apprehension Unit (Travis

County) or the appropriate County Sheriff's Office for service.

405.3 SEARCH WARRANTS

In order to preserve the integrity of evidence seized in search warrants and for the protection

of officers involved, the following procedures are mandated regarding obtaining and executing

search warrants.

405.3.1 OBTAINING A SEARCH WARRANT

Search warrants will not be obtained by any member of the Department without prior approval

of a supervisor in the employee's chain-of-command. All search warrants will be written by an

officer in the rank of detective or above.

(a) Supervisors shall review and approve search warrants by placing their initials and employee

number in the upper right corner on the face of the warrant application before allowing the

investigator to take the warrant to a magistrate for issuance.

1. Search Warrants authored by sergeants or above must seek review and approval from a

supervisor one rank higher than the author.

2. A blood search warrant for DWI enforcement is exempt from this order and shall adhere to

General Order 355 (DWI Enforcement) and DWI Enforcement Unit SOP

(b) The case agent will place the incident number pertaining to the search warrant in the upper right

corner on the face of the warrant as soon as it is obtained.

Investigative Unit, a supervisor of the Investigative Unit normally responsible for that type of

offense will be notified prior to service of the warrant.

(d) When a search warrant is for computer equipment that is to be examined in the computer

forensics lab, the case agent should contact the DART Unit or the Child Abuse unit Digital

Forensics Unit (DFU) or use the current search warrant template available on APD’s SharePoint

site (under “APD Investigations SharePoint” in the links section) to obtain information on the

proper wording of the computer digital device search warrant before taking the search warrant to a

magistrate for issuance. Prior to executing the search warrant, the seizing officer should be

familiar with the documents: Best Practices for Seizing Electronic Evidence, Seizing Computers

and Computer Related Evidence as well as Searching and Seizing Computers and Obtaining

Electronic Evidence, available on the DFU SharePoint site.

(e) Williamson County requires search warrants to be staffed with a prosecutor of the Intake/Grand

Jury Division. Intake attorneys and investigators shall schedule and accompany officers to District

Court Judges, the Associate Judges, or their designee for review and signature of all search

warrants during normal business hours. Intake staff or the on-call attorney shall assist as needed

and direct officers to the appropriate judge after normal business hours.

(e)(f) The appropriate Investigative Unit will normally be the one responsible for follow-up investigation

of the case.

405.3.2 EXECUTION OF A SEARCH WARRANT

A supervisor will be present and in charge when any search warrant is executed.

(a) Narcotic based search warrants will not be executed by any personnel other than those assigned

to Organized Crime unless an Organized Crime supervisor has been consulted. The Organized

Crime supervisor will determine whether the search warrant would damage any on-going

investigation and whether prior approval has been obtained from the appropriate commander,

assistant chief, or the Chief.

(b) Prior to execution of any search warrant:

1. The supervisor in charge will ensure that a Search/Arrest Warrant Threat Assessment Form

(APD Form #11) is completed, and:

(a) Review the form for accuracy and sign the completed form in the space provided.

(b) Follow the provided line on the form to determine the level of threat to personnel and

refer the warrant service to SWAT if required.

form or as needed.

(d) Ensure the form is added to the case file.

2. Personnel assigned to Organized Crime will use the Operational Briefing & Threat

Assessment forms as specified in their Operations Procedure Manual.

3. If the search warrant is for computer equipment, the seizing officers should be familiar with

the document Seizing Computers and Computer Related Evidence.

4. A meeting will be held with all participating personnel.

(a) A sufficient number of officers will be assigned to execute the search warrant safely and

to conduct a thorough search.

(b) One officer will be assigned as the seizing officer for all evidence seized and is

responsible for properly tagging all evidence.

will be used to assign officers' positions for the entry to the location.

(d) One officer will be assigned the responsibility of seizing personal papers to show an

affirmative link between the defendant(s), premises, and evidence.

(e) The supervisor or designee shall prepare the inventory and receipt of items seized.

notifying the Communications supervisor of the location and approximate time of the warrant

service unless it is determined that such notification would compromise the case or jeopardize

officer safety.

(d) When executing a search warrant:

1. Department-approved raid jackets and body armor will be worn by all plainclothes officers

involved in the execution of a search warrant.

2. Department-approved body armor will be worn by all uniformed personnel involved in the

execution of a search warrant.

3. Officers will announce their agency and purpose (e.g., "Austin Police search warrant!").

4. Personnel who have not received dynamic entry training will not participate in the entry

portion of the execution of any narcotics search warrant.

(e) Copies of the search warrant, the inventory of seized property, and the receipt form should be

given to the person in charge of the premises at the time the search warrant is executed. If no one

is home, copies should be left at the scene.

405.3.3 SEARCH WARRANT REPORTING PROCEDURES

(a) The officer obtaining the search warrant is responsible for writing the original incident report.

(b) All other involved officers will write a supplement detailing their participation and actions during the

warrant service.

405.4 NO-KNOCK SEARCH WARRANTS

No-knock warrants will:

(a) Only be employed when officer safety is an issue. They will not be used to prevent the destruction

of evidence.

(b) Be approved by a commander and the signing judge.

form located on the Investigations SharePoint page by the primary detective within 72 hours after

the search warrant is served.

405.5 ELECTRONIC SIGNATURES FOR ARREST AND SEARCH WARRANTS

The Department has created a process as an option for a department representative, detectives or

authorized officers, to obtain arrest and search warrants remotely so they do not have to physically

bring their warrant before the judge or magistrate. Department representatives electing to obtain either

an arrest or search warrant through remote means shall comply with all other requirements under this

order regarding warrant preparation and paperwork filing. Any arrest or search warrants obtained

through APD’s electronic warrant system which requires a supervisor to review and approve, shall

require the supervisor to review and approve through the same system.

Department representatives choosing to obtain an arrest or search warrant through remote means shall

be familiar with and adhere to the guidelines provided in the latest version of the APD Electronic

Warrant Process document which can be found on APDNet under the Investigations SharePoint page.

Following the guidelines in this document will ensure department representatives are accomplishing the

following legal requirements of obtaining these warrants:

(a) Department representatives shall only utilize a method and process approved by and monitored

by the Department, which ensures the digital signature is applied through the use of a computer

program which has appropriate security protocols to ensure the electronic signature belongs to

and is authorized by the person whose signature it purports to be.

(b) For arrest warrants, there is a legal requirement that the oath administered by the judge/

magistrate to the department representative must utilize secure CJIS-compliant video-

conferencing technology. The entire video and audio interaction between the department

representative and the judge/magistrate, including the oath, must be recorded. The recording must

be kept on file as an official record related to the investigation. To the greatest extent possible, the

affidavits, warrants, and oaths administered by and provided to the judge/magistrate must utilize

the same wording and format that would otherwise be used during a traditional, in-person,

interaction between a department representative and a judge/magistrate.

department representative by a judge/magistrate either using video conference technology or the

telephone.

1. Department representatives may use secure CJIS-compliant video-conferencing technology

at their discretion and if the judge/magistrate agrees. If video conferencing is utilized, the

entire video and audio interaction between the department representative and the

judge/magistrate, including the oath, must be recorded. The recording must be kept on file as

an official record related to the investigation.

2. In the event that a judge/magistrate prefers, a department representative may give the oath

over the telephone in lieu of using video conferencing. If the oath will be administered over

the telephone, there is a legal requirement that the department representative cannot include

any probable cause or additional information that is not included in the written affidavit unless

additional arrangements are made to record the interaction. Therefore, a video conference

should be used if the department representative provides additional information to the

judge/magistrate.

3. To the greatest extent possible, regardless of which method of administering the oath is

used, the affidavits, warrants, and oaths administered by and provided to the

judge/magistrate must utilize the same wording and format that would otherwise be used

during a traditional, in-person, interaction between a department representative and a

judge/magistrate.