Cocoa Beach Police Department

SOP 207.02: Arrest and Search Warrants Acquisitions and Enforcement

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This order consists of the following numbered sections:

1. Purpose

2. Scope

1. PURPOSE

To establish guidelines for the drafting and execution of a search warrant and/or an arrest warrant.

2. SCOPE

This policy applies to all sworn Police Department personnel.

3. POLICY

It is the policy of the Cocoa Beach Police Department that a warrant shall be sought, issued and executed in

compliance with the requirements, guidelines and procedures set forth by the Fourth Amendment to the

Constitution of the United States and by the laws of the State of Florida.

4. DEFINITIONS

F. SAO – State Attorney’s Office.

G. Search Warrant – A written order signed by a judge lawfully directing law enforcement personnel to search

a specific location for specific contraband and/or evidence for seizure.

H. Search Warrant Return- A sworn affidavit provided to the Clerk of the Courts by the Detective who

executed the Search Warrant on a specific location. This return copy must include a detailed list of what was

seized from the area searched and must be provided to the Clerk of Courts within 10 days of the warrant being

executed.

5. ARREST WARRANT AND PROCEDURES

The purpose of obtaining an Arrest Warrant is to lend additional judicial weight and approval to the case by

having a judge review the probable cause prior to an arrest. The Arrest Warrant is made up of two parts; the

Cocoa Beach Police Department

SOP 207.02: Arrest and Search Warrants Acquisitions and Enforcement

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on each page of the Application. A section for a bond amount will then be placed on the bottom of the

Arrest Warrant Application above the Judge’s signature section.

D. Once both documents are completed by the investigating officer or detective they will be reviewed by the

Supervisor.

Application is being sent for review after normal business hours, coordination with the on-call SAO may be

necessary. All Arrest Warrant Applications will be reviewed by the SAO prior to judicial review.

F. After review and approval of the Arrest Warrant Application by the SAO, the investigating officer will

either submit the affidavit and application electronically to the judge listed on the Brevard County

EWarrants website or respond to the Brevard County Viera Complex to have the Arrest Warrant

provided to the investigating officer. If an Arrest Warrant is signed by a Circuit or County Judge after

Center/Teletype to have the warrant entered into NCIC. The warrant will then be brought to the clerks

office on the next business day to be entered into their database.

H. If a person is arrested as a result of an Arrest Warrant Application, the arresting officer may only search the

immediate area in which the arrestee had immediate control, unless:

1. A Search Warrant on the arrest location exists and is present, or

2. The officer receives consent by the arrestee, or

3. An actual and continuing threat exists to the officers posed by an arrestee, or

two types of documents; the Probable Cause Affidavit and the Warrant Application. The Probable Cause

Affidavit provides the officer’s reasons for requesting a search of a specific place. The Warrant Application is

for the judge to authorize the officer to enforce the Search Warrant. The procedure for obtaining a Search

Warrant is as follows:

A. The investigating officer or detective completes the investigation to the point that sufficient probable cause

exists to merit a Search Warrant.

B. On the Search Warrant Probable Cause Affidavit, the investigating officer or detective will provide a clear

description of the object and location to be searched to include addresses, type of construction of the

property, distinguishing characteristics, make, model, or serial number. If possible, take a picture of the

location or object. Google Earth or Yahoo Maps will not be used solely for this purpose but can assist in

particular area for which the warrant is being sought. The case report number must be listed on each page

of the Affidavit. (CFA 15.08MA)

D. The investigating officer then completes the Search Warrant Application with the case report number listed

on each page of the Application. (CFA 15.08MA)

being submitted to the SAO. (CFA 15.08MB)

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SOP 207.02: Arrest and Search Warrants Acquisitions and Enforcement

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G. After review and approval of the Search Warrant Application by the SAO, the investigating officer will

either submit the affidavit and application electronically to the judge listed on the Brevard County

EWarrants website or respond to the Brevard County Viera Complex to have the Search Warrant

Application reviewed and signed by a Circuit or County Judge. If after normal business hours, a Circuit or

County Judge will be contacted on the county’s on call cellular phone and notified that you will be

uploading an affidavit and application for their review. If the officer or detective is unable to reach the

judge by phone they may respond to a judges place of residence to have the warrant reviewed and signed. (

CFA 15.08MB)

H. After obtaining a judges signature, the warrant shall be executed within 10 days of issuance. A copy of the

Search Warrant shall be left at the place where the warrant was executed (CFA 15.08MBC)

brought to the Clerk of the Courts Office within 10 business days. In addition, this information will be

attached to a Search Warrant Return to be filed at the Clerk of Courts Office at a later date. It is at that time

the warrant can be entered into the Clerk’s database. (CFA 15.08MEF)

K. Per FSS 933.08- In all cases, a warrant must be executed/served only by officers or detectives mentioned in

the affidavit and by no other person except in aid of the officer/detective requiring it, with a requesting

person being present and acting in the warrant’s execution. (CFA 15.08MC)

L. Per FSS 933.10 or 933.101 – Based on the exigencies of the occasion and with express authorization in the

warrant, a warrant may be served / executed at any time of day or night or on Sunday. (CFA 15.08MC)

M. Per FSS 933.11 - A copy of the warrant shall be delivered to the person named in the warrant or to some

person in charge of the property or living on the premises. Furthermore, a written inventory of all property

admittance or access is refused. (CFA 15.08MC)

B. In reference to a “No Knock” Warrant, if approved by the SAO and Circuit or County Court Judge, contact

will be made with the Staff and Administrative Services Major or designee on the best way to serve /

enforce the warrant.

8. REFERENCES

The Florida Senate (2020). F.S.S. 933.00. Retrieved December 10, 2020 from:

https://www.flsenate.gov/Laws/Statutes/2020/Chapter933

United States Senate (2016). United States Constitution, Fourth Amendment. Retrieved April 28, 2017 from:

https://www.senate.gov/civics/constitution_item/constitution.htm

Cocoa Beach Police Department

SOP 207.02: Arrest and Search Warrants Acquisitions and Enforcement

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