By Craig Anderson

From law enforcement’s perspective, there’s plenty to consider when seeking and obtaining a search warrant.

First comes the process of securing it. Per Dover police policy, for example, only the Criminal Investigations and Drug, Vice & Organized Crime sections can obtain search warrants.

“Those officers must provide sufficient probable cause to the judge and specify what they are looking for based on that evidence,” DPD spokesman Sgt. Mark Hoffman said. “A judge will approve the warrant based on the information the officer provides in the warrant application.”

The decision to seek a warrant is based on each individual case, “but generally speaking, a search warrant is almost always obtained prior to searching any kind of dwelling and many times for vehicles, as well,” he said.

With a warrant in place, officers must then form a plan on how to utilize it.

Some “are very simple and easy to execute, especially when you know the search location is vacant,” he said.

Others aren’t so effortless.

“There are situations where executing a warrant is considered high-risk, depending on the case and who is involved,” Sgt. Hoffman said. “In those cases, the department’s Special Operations Response Team is utilized. A threat assessment is completed by the investigating officer on every search warrant per department policy. Based on the results of that threat assessment, a determination is made on the best way to execute the warrant to ensure the safety of everyone involved, to include the suspects.

“That threat assessment and any subsequent operations plan is reviewed at multiple levels, ending with the deputy chief, prior to any warrant being executed.”

According to Delaware Code, no search warrants can be conducted between 10 p.m. and 6 a.m., unless approved by a Superior Court or Court of Common Pleas judge, justice of the peace or magistrate.

An exception can be made if the authority “is satisfied that it is necessary in order to prevent the escape or removal of the person or thing being searched for, and then the authority shall be expressly given in the warrant.”

Any application for a search warrant must be in writing, signed by the complainant and verified by oath or affirmation. Multiple specifics (location, person, items sought, etc.) are required, as well.

Search warrants aren’t required if law enforcement is in pursuit of a person when there’s probable cause that he or she has committed a felony or misdemeanor crime, according to Delaware law.

Additionally, during an arrest, warrants aren’t legally mandated if the search is conducted during a lawful apprehension. Searches are allowed if they are to find and seize the fruits of a crime; the means by which the crime was committed; weapons and other things to effect an escape from arrest or custody; or evidentiary matter pertaining to the commission of a crime.

Dover police, which trains their own recruits along with those from certain other municipalities, includes warrant instruction in the curriculum.

“Search-and-seizure laws and constitutional law is taught in the police academies, to include education about warrants,” Sgt. Hoffman said. “Room, vehicle and dwelling clearance is also taught throughout the academy in their patrol procedures courses and expanded upon during regular in-service training throughout their careers.

“When it comes to certain situations (like when SORT is used), those officers are highly trained and routinely rehearse best practices for high-risk warrant executions.”

For Delaware State Police, spokeswoman Master Cpl. Heather Pepper said, “Search-and-seizure laws, Delaware Code and constitutional law are examples of trainings provided during the academy. In addition, troopers are required to complete regular trainings and education to maintain their Council on Police Training certification.”

As to how frequently DSP requests warrants of any kind and the general amount of confrontations that occur when executing them, she said, “A warrant is requested when the case being investigated warrants one.”

Cpl. Pepper added that determining how a warrant will be executed and the policies that must be followed, including those of the SORT officers, depend on “the circumstances surrounding the search warrant.”

She added, “Yes, the Delaware State Police have policies that must be abided by when a search warrant is executed.”

While Sgt. Hoffman said DPD officers could not recall any search warrant executions involving significant injuries, there have been at least four deadly incidents involving them in other Delaware jurisdictions since 2006, according to the Department of Justice.

Ensuing DOJ investigations determined that police were not criminally liable in administering lethal force in these cases.

The incidents, according to reports filed by DOJ, included:

• Aug 28, 2018, Harbeson — Robert A. Knox died from injuries after being shot five times as DSP executed a search warrant regarding evidence related to drug dealing.

Three troopers described Mr. Knox, who was wheelchair-bound, as pointing a firearm in the direction of one of them, the report stated. The troopers then opened fire.

• Oct. 8, 2009, Claymont — Corey Croom died from gunshot wounds after New Castle County police executed a search warrant at his residence. While police reported that Mr. Croom had been seen in possession of a firearm earlier, DOJ said, he did not have one when emerging from a room prior to being shot.
• Dec. 6, 2007, Lewes — Lester Meyers was killed by gunfire as DSP conducted a search warrant at a residence where drug sales were allegedly occurring.

According to the report, at the time a trooper fired his weapon twice, Mr. Meyers “had reached under a cushion of the couch on which he was laying and produced what appeared to be a firearm and pointed same at (the trooper).”

Also, the report said, “Later examination of the weapon revealed that it was a chrome-colored reproduction of a 9mm semiautomatic handgun.”

• Nov. 6, 2006, Wilmington — Derek Hale was shot to death after being placed under surveillance as DSP detectives began to prepare search warrants for a car and residence, along with an arrest warrant. Mr. Hale was sought on two counts of trafficking in cocaine and other offenses, according to the report.

A Wilmington Bureau of Police officer fired three rounds at Mr. Hale. The report said Mr. Hale, “who had ignored numerous commands to remove his hands from his pocket and had been Tasered as a result of his non-compliance, continued to keep his hand in his pocket as if holding a weapon and was turning in a threatening manner toward a nearby officer armed with an empty Taser.”