Chicago Police DepartmentSpecial Order S04-19-03
Municipal Ordinance Search Warrant Approval Method
Issue Date:10 August 2015Effective Date:10 August 2015
Rescinds:02 June 2007 Version
Index Category:Preliminary Investigations
I.Purpose
This directive establishes the procedures for obtaining search warrants for violations of the Municipal Code of Chicago approved by the City of Chicago Department of Law.
II.Scope
The municipal ordinance search warrant approval method is limited to search warrants based on violations of the Municipal Code of Chicago which carry a penalty of incarceration upon conviction.
III.Boundary Considerations
  • A.An attorney from the City of Chicago Department of Law will be contacted, according to the procedures outlined in this directive, when Department members seek to obtain a search warrant in the following circumstances:
    • 1.The search warrant is based on a violation of the Municipal Code of Chicago which carries a penalty of incarceration upon conviction; and
    • 2.The location of the search warrant is within the City of Chicago; or
    • 3.The associated criminal act occurred within the City of Chicago, and a search warrant is sought for a location outside the corporate limits of the City of Chicago.
      NOTE:
      Whenever possible, Department members who intend to execute a search warrant outside the City of Chicago will notify the local jurisdiction to seek the assistance of local law enforcement personnel.
  • B.Department members will adhere to the additional boundary considerations outlined in Items V-C and V-D of the Department directive entitled "Search Warrant and Consent to Search Incidents."
IV.Search Warrant Complaint Preparation
When a sworn Department member requests approval for a municipal ordinance search warrant:
  • A.the member will prepare an original Complaint for Search Warrant (CCMC-1-219) and Search Warrant (CCMC-1-220), and follow the provisions set forth in Item VI-A of the Department directive entitled "Search Warrant and Consent to Search Incidents."
  • B.the designated unit supervisor the rank of lieutenant or above, will:
    • 1.ensure the submitted search warrant is complete.
    • 2.follow the guidelines set forth in Items VI-B-1 through VI-B-5 of the Department directive entitled "Search Warrant and Consent to Search Incidents."
    • 3.ensure that a deconfliction number has been obtained prior to approving the Complaint for Search Warrant and the Search Warrant. Follow the guidelines set forth in Items VI-A-C of Department directive "Chicago HIDTA Deconfliction Submissions."
    • 4.indicate approval of both the Complaint for Search Warrant and the Search Warrant by initialing with star number and recording the date of approval and deconfliction number in the lower-left margin of the face side of each original document.
    • 5.return the search warrant documents to the requesting Department member.
V.Search Warrant Approval
  • A.Department members seeking to obtain a municipal ordinance search warrant will obtain approval from an attorney from the City of Chicago Department of Law, using one of the following approval procedures:
    • 1.Between 0900 and 1700 hours on regular court days, Department members will present the original and one copy of both the Complaint for Search Warrant and the Search Warrant, in person, for review and approval to the City of Chicago Department of Law.
    • 2.Between 1700 and 0900 hours or on court holidays, Department members will contact one of the below listed attorneys and present the original and one copy of both the Complaint for Search Warrant and the Search Warrant, in person, for review and approval to the location designated by the contacted attorney.
      • a.City Prosecutor, Law Department Legal Information, Investigations & Prosecution Division
        Cellular Phone Number: 312-622-7098.
      • b.Senior Counsel, Branch Courts. Law Department Legal Information, Investigations & Prosecution Division
        Cellular Number: 773-552-9343.
  • B.When an attorney listed in Item V-A-2 of this directive is contacted by a Department member seeking approval of a search warrant, it will be the contacted attorneys responsibility to:
    • 1.review the Search Warrant and the Complaint for Search Warrant for legal sufficiency and probable cause.
    • 2.verify that the alleged ordinance violation carries a penalty of incarceration upon conviction.
      NOTE:
      A municipal ordinance search warrant may be rejected by the reviewing attorney if it is determined that the warrant is not supported by probable cause or it contains an alleged violation of a municipal ordinance that does not carry a penalty of incarceration upon conviction.
  • C.Under no circumstances will a Department member request an attorney from the City of Chicago Department of Law review a Search Warrant and Complaint for Search Warrant that contains an alleged violation of a criminal offense under state law.
    NOTE:
    If an attorney is presented with a Search Warrant that contains an alleged violation of a criminal offense under state law, the attorney will direct the Department member to contact the appropriate unit of the Cook County States Attorneys Office for review and approval.
  • D.If the reviewing attorney from the City of Chicago Department of Law approves a municipal ordinance search warrant, Department members will ensure the approving attorney:
    • 1.indicates approval by placing his or her signature, title, and the date and time of approval along the left-hand margin of the first page of the original Search Warrant and Complaint for Search Warrant.
    • 2.writes the warrant number from the Department of Law Search Warrant Log Book along the left-hand margin of the first page of the original Search Warrant and Complaint for Search Warrant.
    • 3.makes a corresponding entry in the Department of Law Search Warrant Log Book.
    • 4.retains a copy of the Search Warrant and Complaint for Search Warrant in the Department of Law Search Warrant Log Book.
      NOTE:
      Once a municipal search warrant is approved, the approving attorney will direct the requesting Department member to proceed with the execution and processing of the municipal ordinance search warrant as directed in the Department directive entitled "Search Warrant and Consent to Search Incidents."
  • E.Once approved by an attorney from the City of Chicago Department of Law, Department members seeking to obtain a municipal ordinance search warrant will:
    • 1.present the Complaint for Search Warrant and Search Warrant to a judge for signature.
    • 2.ensure the date and time of the judges approval has been recorded by the court on both original documents.
    • 3.print the name of the approving judge and the approving attorney in the lower-right margin on both of the originals and prepare one copy of the Complaint for Search Warrant and two copies of the Search Warrant.
  • F.Department members will adhere to the additional processing requirements outlined in the Department directive entitled "Search Warrant and Consent to Search Incidents."
VI.Procedures
Upon completion of the municipal ordinance search warrant approval method detailed in this directive, all subsequent search warrant execution and processing procedures will follow the requirements outlined in the Department directive entitled "Search Warrant and Consent to Search Incidents."
(Items indicated by italic/double underline were added or revised.)
Authenticated by: KC
Garry F. McCarthy
Superintendent of Police
14-180 TSS