November 2022: CALEA Commission Standards for Review and Comment
The CALEA Standards Review and Interpretation Committee, referred to as the “SRIC” meets in Executive Session just prior to each CALEA conference to work on standards for revision or creation of new ones. At the CALEA conference, the entire Commission votes to either approve a standard or direct staff to post the standard for client comments. Deleted language is shown as
strikethrough. The proposed new language is shown as highlighted and bold text.
Please review the standard and complete the web form by December 22, 2022.
Law Enforcement Manual
74.3.1 (M M M M) Procedure, Criminal Process
A written directive provides procedures related to
Written Directives govern the execution of criminal process documents, including:
- issuing and serving summonses or subpoenas;
- obtaining and executing arrest warrants;
- obtaining and executing search warrants;
- obtaining and executing “no knock” warrants, if authorized; and
- any other criminal process documents as defined by the agency.
The directives should address the types of warrants to be executed, including search and arrest warrants, territorial limitations upon execution, time requirements for execution,
statutory provisions for summoning aid to include fire and medical personnel, and procedures for the issuance of summons in lieu of arrest. Appropriate legal application and provisions to include any prohibitions for "no-knock" warrants should be addressed. Consideration Considerations should also be given to such matters as standards for the use of force, statutory provisions respecting immunity from arrest constitutional requirements, as well as other legal provisions pertaining to arrest in the jurisdiction, if required.
Search warrants can be an important resource for law enforcement but requires precise technical and legal requirements be met. Failing to account for these requirements may invalidate the warrant, lead to suppression of evidence, and result in liability and safety issues for involved officers. Appropriate legal application and provisions to include any prohibitions for “no-knock” warrants should be addressed. “No-knock” warrant procedures, if authorized, should require documentation of justification and circumstances, and include supervisory review and approval. Factors such as the potential for physical violence to law enforcement personnel or others, as well as the effective control of the scene should be considered. (M M M M)