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OSP Instructions for Filing a Search Warrant
Instructions for Preparing Affidavit and Search Warrant
In paragraph ONE, FULLY describe the person, place, or thing to be searched, and give its EXACT location.
EXAMPLE of Identity of the Person to be Searched:
Larry Crum, male, Caucasian, SSN 301-10-9610, approximately 35 years of age, 6'3" tall, 210 lbs. red hair, crew cut, no facial hair, muscular build, scar on right cheek 3" long, eyes blue, green tattoo upper side right forearm, green head of eagle, inscription above in arc "God Loves Studs"
EXAMPLE of Description of the Place to be Searched:
Single family residential dwelling, 110 Whiteway Court, Columbus, Franklin County, Ohio being a red brick two-story building approximately 70 years old with a gray shingle roof, two chimneys, one on each side of structure, front wooden porch painted gray, gray front door, detached two vehicle garage constructed of wood covered with gray vinyl siding and a white overhead double door on front.
EXAMPLE of Property Within the Curtilage Sought to be Searched:
The detached two vehicle garage described above, and One 1992 Ford passenger van, maroon, Ohio license plate 4J901, VIN No. 92J401H263 parked in the above garage registered to Larry Crum, and
One 1993 Toyota automobile, white on white two-door sedan, Ohio license plate 601AJ, VIN No. 93T0264-93H parked in the driveway of the residence stated above, and registered to Virginia Crum, spouse of Larry Crum, and A white metal tool shed located behind the two vehicle detached garage in the rear yard of the above residence, being 4 x 8 feet and 7 feet high, set on a concrete slab containing one red door with a locked padlock.
4. In paragraph TWO, FULLY describe the property that is to be searched for and seized, and also indicate the ORC involved in relation to the property sought to be searched and seized.
EXAMPLE Description of Property Sought to be Searched for and Seized:
Drugs and drug paraphernalia, to wit: cocaine, crack cocaine, marihuana, heroin, amphetamines, any derivatives thereof, packaging materials, scales, and other devices used for the preparation, sale, and administration of said drugs and any United States currency, recording and monitoring devices used in the facilitation of drug transactions, any weapons used or maintained for the protection of said
unlawful enterprise together with any books, records, receipts, bank statements, utility bills, tax records evidencing the acquisition, concealment, transfer and sale of drugs and narcotics and the person of Larry Crum, the single family residence described above, any persons who may be found at said residence, as well as any contraband described herein that may be found in the aforementioned motor vehicles, garage, white metal tool shed, or any place within the curtilage of said residence. Trafficking in drugs in violation of Section 2929.03 Ohio Revised Code.
5. In paragraph THREE, the entry (See attached thereto and made a part thereof) ATTACHMENT "A" has been inserted. Use ATTACHMENT A to set forth the facts and observations which establish probable cause. In this section, the following items must be included (in this order):
- FIRST: The affiant must include his/her training and experience.
- SECOND: The facts and observations which establish probable cause.
- LAST: The request statement and qualifying probable cause for either a "NIGHT TIME SEARCH" or "NO KNOCK ENTRY". If neither of these requests are applicable, then the following statement should be entered: "The affiant further says that there is not urgent necessity that the search be conducted in the night time.
EXAMPLE Affiant's Training and Experience:
I, Detective Robert Law, am now and have been for the past
ten years a detective for the
to the Narcotics Division. I hold a Bachelor of Science Degree in Chemistry. I have been trained in the identification of drugs and narcotics at the Ohio Bureau of Criminal Identification and the Academy of the Federal Bureau of Investigation. I have participated in over 3,000 cases involving the illegal manufacturing, packaging, and distribution of all such illegal drugs, including cocaine, crack cocaine, heroin and amphetamines.
EXAMPLE Personal Observations:
I have knowledge of cocaine, cocaine derivatives, crack cocaine, marihuana, amphetamines and amphetamine derivatives, packing materials, scales, currency, books and papers and weapons will be found on the person of Larry Crum and others who may be present anywhere within the residence located at 110 Whiteway Court, Columbus, Ohio, as well as in the above described motor vehicles since within the past seventy-two (72) hours I personally went to said residence in the role of an undercover narcotics detective and purchased from Larry Crum inside said residence two kilos of cocaine, forty-three (43) pieces of crack cocaine, five (5) dime bags of marihuana and fifty (50) amphetamine pills paid for by me with United States currency of which copies had been made in order to record the serial numbers prior to their being given to Larry Crum. While I was inside said residence I observed a semi-automatic tech nine 9 MM pistol, additional illegal drugs, scales and packaging materials. During a conversation with Larry Crum he advised me that additional drugs and weapons were kept by him in the vehicles parked outside, the garage, and the tool shed. Arrangements have been made by me with Larry Crum to purchase additional drugs and narcotics this evening.
EXAMPLE Information Received from Fellow Law Enforcement Officer(s):
Sgt. Joseph Rule, Narcotic Squad advised affiant six (6) hours ago an additional shipment of drugs and weapons have been received by Larry Crum at the address to be searched. Sgt. Rule bases this information on observations he made while positioned across from said residence on a stake out, and while there, observed a van arrive at the residence at approximately 11:15 A.M. today, and observed Larry Crum and another Caucasian male unload (green plastic) packages and wooden gun crates from the van which were then taken into the garage located at the above described residence. Sgt. Rule has further advised affiant that based on his seven (7) years experience as a narcotics investigator he has identified the green plastic packages to be identical to those used to package cocaine and marihuana for transportation and sale.
Ptm. Ralph Beat has informed this affiant that yesterday at approximately 3:00 P.M. he was driving past the residence sought to be searched when one of Larry Crum's garbage cans blew out into the street. Officer Beat stopped his cruiser and retrieved the subject garbage can and inside of which he observed remnants of stalks and seeds that he immediately recognized to be residue of marihuana, gray duct tape, and pieces of green plastic commonly used for packaging marihuana. Officer Beat replaced the garbage can on the curb and immediately notified affiant of his discovery. This affiant has known Officer Beat for six (6) years and has worked with him in the past on drug cases. Affiant is aware that Officer Beat is experienced in drug identification.
EXAMPLE Information Received From Bystanders or Victims of a Crime:
At 9:30 A.M. this morning this affiant received a telephone call from John Bystander, who gave his name, address, and telephone number, and who advised affiant that his nineteen (19) year old son brought home ten (10) pieces of crack cocaine that he stated he had purchased from Larry Crum at 110 Whiteway Court, Columbus (Ohio). Mr. Bystander advised this affiant that he telephoned Larry Crum and pleaded with him not to sell crack cocaine to his son, but that Crum laughed and told him that the boy was an adult and could buy any drugs from Larry Crum that he wanted. This affiant then visited the Bystander's residence where he interviewed Mr. Bystander and his son. The son confirmed he had purchased the crack cocaine in his possession from Larry Crum. Affiant has taken possession of this crack cocaine and field tested it. It is positive for crack cocaine. From all of the above, this affiant has determined that Mr. Bystander has been truthful and his information is reliable.
EXAMPLE Information Received From Confidential Informant(s):
Within the past four (4) hours this affiant has met with a confidential and reliable informant who yesterday purchased cocaine, marihuana, and amphetamines from Larry Crum in the residence sought to be searched. This informant has known Larry Crum for five (5) years and has made numerous purchases of illegal drugs from him, and knows him to be an active drug dealer on a full time basis. The informant has delivered to and turned over to this affiant the cocaine, marihuana, and amphetamines that he purchased from Larry Crum. These drugs have been field tested by this affiant and found to be positive. The affiant declares that information received from this confidential informant is reliable and he is truthful based upon his description of what he observed at the residence of Larry Crum, as well as the evidence he has turned over to this affiant and affiant's knowledge of this informant over the past six (6) years which has resulted in seventeen (17) convictions for drug related offenses.
Examples of Franklin County Search Warrants