CHANDLER POLICE
DEPARTMENT
GENERAL ORDERS
Serving with Courage, Pride, and Dedication
Order
E-09 SEARCHES
Subject
200 Warrantless Searches
Effective
02/26/16
High Frequency/High Severity
Summary:
This policy outlines warrantless search procedures.
A. CONSENT TO SEARCH
(WITHOUT A WARRANT)
[1.2.4]
DEFINITION: If the person against whom the search is directed consents to
Rev
the search of his person, or of property under his lawful control, a search may
be made and any fruits of a crime, instrumentalities of a crime, or contraband
articles may be seized
1. CAUTIONS
Rev
Rev
a. Courts are sometimes reluctant to find that consent was in fact
voluntary when given by a person in custody who might not be fully
aware of his constitutional right to refuse permission for a search
b. Reliance on the supposed consent is risky because it cannot be
anticipated how the facts surrounding this alleged consent, as testified
to by the officer and the defendant, will appear to the court
c. It is permissible, but unwise as a matter of general practice, to rely
on the arrested person giving consent at the time of their arrest to
conduct searches
d. Any consent to search must be voluntary, without coercion,
threats, or promises, and without undue pressure. Threatening to
obtain a search warrant should the person refuse consent will
invalidate consent obtained after the threat.
e. A search may be directed against a suspect's property if consented to
by a person who jointly occupies the premises with the suspect if
that person has an equal right to the use and possession of the
premises.
1) If the suspect or anyone with standing is physically present at the
place to be searched and objects to the search, the search will
immediately stop and a warrant will be obtained.
2) Equal right can usually be inferred when the person has a
property right or other connection with the premises or with the
suspect which establishes that he/she is entitled to bring guests
into the premises.
3) Equal right includes a spouse
4) Overnight guests have Fourth Amendment standing to object to a
search of areas over which they have reasonable control, such as
the bedroom in which they are staying
2. PROCEDURES
a. Obtain a search warrant in advance of the arrest if possible
b. Terminate the search immediately if consent is withdrawn at any time
by any person with standing
SEARCHES - Warrantless
02/26/16
CPD GO E-09.200
Page 2
c. Complete the department's consent to search form and obtain the
signature of any person with standing (recommended)
d. Record all consent to search requests to document request (strongly
recommended)
B. SEARCH INCIDENT
TO ARREST
[1.2.4] [1.2.8]
Rev
1. WARRANTLESS SEARCHES of the person incident to a lawful arrest are
valid:
a. When an officer makes a full “custodial” arrest, and the subject is
being transported to the station or booking facility
b. To seize weapons or other articles which might be used to attack the
officer
c. To seize the means the suspect might use to effect his escape
d. To prevent the destruction of the fruits or instrumentalities of the crime
or evidentiary items of the crime for which the arrest was made
2. WITHIN REACH: Search beyond the person must be limited to those areas
which remain within the reach of the arrestee
Rev
a. Reach is not confined to arm's length but includes the areas
reachable by the person if he made a lunge or quick move to gain
possession of a weapon or of destructible evidence
b. If it is necessary for the person arrested to move about after his arrest
to put on clothing or assemble belongings, those areas to which he
continues to have access may also be searched for weapons or
destructible evidence. This movement must be a result of the
arrestee’s desire to do so. It cannot be directed or requested by the
officer.
c. May conduct a warrantless search of a vehicle incident to a recent
occupant's arrest only if:
1) The arrestee is within reaching distance of the passenger
compartment at the time of the search or
2) It is reasonable to believe the vehicle contains evidence of the
offense of arrest. Under this justification, police may search the
entire passenger compartment and all containers in the passenger
compartment, locked or unlocked, regardless of ownership.
If neither justification is present, a search of an arrestee's vehicle is
allowed only if police obtain a warrant or show that another exception
to the warrant requirement applies. Arizona v. Gant (U.S. Supreme
Court 2009) .
3. SEARCHING THE PREMISES: Evidence obtained in a search of the
premises at the time of arrest is admissible in court if there are
justifiable facts showing all of the following circumstances:
a. There was probable cause for the search (sufficient ground upon
which a search warrant could have been obtained)
b. Exigent circumstances existed that would make it impossible to
safeguard the premises while a search warrant was being obtained
after the arrest
c. Exigent circumstances existed requiring the making of the arrest
before a search warrant could be obtained
SEARCHES - Warrantless
02/26/16
CPD GO E-09.200
Page 3
4. UPON ARREST, the arresting officer will search the suspect and any areas
within the suspect's immediate control or areas within which he might gain
possession of a weapon or destroy evidence shortly after taking the
suspect into custody
a. A search must be thorough and should not be discontinued when
one weapon is found. There may be more than one.
b. Officers receiving custody of a prisoner from another officer will
search the prisoner before placing the prisoner in a police vehicle
c. An officer of the same sex as the prisoner should conduct the
search
1) If not practical, handcuff the prisoner with hands behind the back
frisk for weapons using the blade edge or back of the hand for the
search
2) Remove purses, knapsacks, or other similar articles used to carry
items from the prisoner upon arrest
d. When booking a prisoner, only a person of the same sex as the
prisoner will search a prisoner. If at all possible, search prior to
transport. If no same sex employee is available, the search will be
done at the county jail.
5. TYPES OF SEARCHES: The types of searches include the standing
search, kneeling and prone search, wall search, and strip search. The
officer will determine the appropriate type of search to use.
a. The standing search: Considered the most versatile and should be
used in most non-high-risk arrest situations
b. The wall search: Use for most detainees entering the detention area
c. The kneeling and prone search: May be used with high-risk
detainees and for group searches
d. Strip searches: Must be authorized by a sergeant or higher-ranking
supervisor
1) Conducted in the privacy of the temporary detention area by
department employees of the same sex as the prisoner
2) Only a supervisor and the person conducting the search will be
present for the search. If no same sex employee and supervisor
are available, have the search done at the county jail.
3) The following should be documented in a departmental report:
a) Reason for search
b) Persons conducting search
c) Location of search
d) Extent of search
e. Body cavity search: Conducted only by virtue of a search warrant or
by consent of the suspect, and then only by a medical doctor. An
arresting officer must have a reasonable belief that the prisoner is
concealing weapons or contraband.
C. STOP AND FRISK
[1.2.4]
REFERS TO THE “LIMITED SEARCH” of a person for weapons for the officer's
protection during an investigative detention. A frisk may be done with only
reasonable suspicion (less than probable cause) that the person may have
been or may be committing, or may be about to commit a crime or violation
and reasonable suspicion that the person may be armed and presently
dangerous.
SEARCHES - Warrantless
02/26/16
CPD GO E-09.200
Page 4
1. FOR THE SOLE PURPOSE OF PROTECTING the officer, officers may
conduct a limited frisk or "pat down" of the outer clothing of the suspected
person to discover weapons that might be used to assault that officer
2. SUSPICIOUS ACTIVITY OR BEING IN A HIGH CRIME AREA ALONE will not
allow a frisk. The officer must be able to articulate:
a. Reasonable suspicion to justify stopping the person
b. Additional reasonable suspicion to justify frisking the person
(armed and presently dangerous)
3. IF THE ABOVE FACTS EXIST, the officer may frisk, or "pat down," the
person for weapons and shall do so immediately upon safe initial contact,
including a frisk of any items the person may be carrying where a weapon
may be located
4. CITIZENS being given transportation must consent to be frisked for
weapons as a matter of officer safety. If the person refuses, then you
should not provide transportation.
5. FRISK OF VEHICLE PASSENGERS is allowed as long as officer has
separate reasonable suspicion that the passenger is armed and presently
dangerous
6. PROTECTIVE SEARCH OF PASSENGER COMPARTMENT OF A VEHICLE,
limited to those areas in which weapons may be placed or hidden, is
allowed if there is reasonable belief that suspect is dangerous and may
gain immediate control of weapons in the vehicle. Michigan v. Long, 463
U.S. 1032 (1983).
a. Protective search of vehicle can be performed even if suspect is
under police control at time of vehicle frisk if suspect is to be
released back to the vehicle after detention is completed
b. Protective search of vehicle trunk not permitted under this exception
D. VEHICLE SEARCHES
[1.2.4]
VEHICLE EXCEPTION: Automobiles and other conveyances may be
completely searched without a search warrant only if there is probable
cause to believe that the vehicle contains evidence or instrumentalities of a
crime
1. IF PROBABLE CAUSE EXISTED TO SEARCH A VEHICLE when it came into
the custody of an officer, a warrantless search may extend anywhere in
the vehicle including closed containers in which the items being searched
for may be found
2. IF PROBABLE CAUSE EXISTS TO SEARCH A CONTAINER that is in a
vehicle, a search warrant is not necessary to search the container, even
though there is no probable cause to search the entire vehicle
3. IF PROBABLE CAUSE EXISTS TO SEARCH A VEHICLE, that search may
take place at the location where the vehicle is seized, or the vehicle may
be transported to another location to be searched (safety, lighting,
equipment concerns). Such searches should be conducted as soon as
practicable after the vehicle has been transported to a new location.
SEARCHES - Warrantless
02/26/16
CPD GO E-09.200
Page 5
E. EXIGENT CIRCUMSTANCES
An officer may enter premises without a warrant or consent under exigent
circumstances that have not been created by the officer in the following
situations, recognized by the courts as exceptions:
1. TO ARREST A FLEEING FELON in hot pursuit: The attempt to make the
initial arrest must have taken place in a public place
2. EMERGENCY AID or response to an emergency call: Officers having
reasonable grounds to believe there is an emergency at hand and
immediate need for their assistance for the protection of life or property
may enter a premise - in other words, to look for a person who may be ill,
injured, or dead
3. PROBABILITY OF DESTRUCTION OF EVIDENCE: Officers must present
facts amounting to probable cause to explain why they believed the
evidence would be destroyed if they waited to obtain a search warrant applies to felony crimes only
4. KNOWLEDGE THE PERSON WANTED IS FLEEING OR ABOUT TO FLEE:
When an officer has reason to believe that the person will probably flee
and that person is subject to an felony arrest warrant or there is probable
cause to arrest the person for a felony, the officer may enter a premises
to affect an arrest only if it is immediately necessary to prevent the
suspect’s escape.
5. RISK OF VIOLENCE: Includes domestic violence or 911 calls where
reports of violence are given or heard - entry into the premises to prevent
injury or violence is acceptable
a. If one party is outside in a safe location prior to officers’ arrival and the
potential for violence has ended, then officers must get consent or a
search warrant prior to entering the premises
b. Officers making a valid arrest inside of a residence or immediately
outside of a residence may perform a “protective sweep” of the
residence if they have information to support the fear that someone
may be inside the residence who can come out and harm them while
effecting the arrest
(Under limited circumstances, i.e., shooting calls or threats against
officers, while conducting investigations at residences where persons
are detained, officers may conduct a protective sweep of the
residence.)
6. A SUBSTANTIAL RISK OF HARM to the persons involved or to the law
enforcement process if the police must wait for a warrant
F. PLAIN VIEW SEIZURES
1. AN OFFICER LAWFULLY PRESENT on the premises may seize evidence
that he has probable cause to believe is crime related
2. OFFICERS OUTSIDE OF A PREMISES who observe contraband inside
must obtain a search warrant unless the entry and seizure of the item falls
under one of the exigent circumstance exceptions
SEARCHES - Warrantless
02/26/16
CPD GO E-09.200
Page 6
G. PROBATION ASSISTANCE
[1.2.4]
1. OFFICERS MAY ASSIST PROBATION OFFICERS in searching individuals,
their vehicles, or premises, who as terms of their probation have given up
the expectation of privacy of their person, home, and/or vehicles
2. THE OFFICER MAY SEIZE ITEMS of evidence and subsequently charge
the person with any applicable criminal violations. See also General
Order E-04.300
H. INVENTORY FOR PROTECTION OF PROPERTY
[1.2.4]
1. OFFICERS WILL CONDUCT AN INVENTORY of all vehicles or property of
which they have lawful custody in order to protect the property of the
suspect/owner from theft and to protect the police from claims of theft.
This inventory shall occur as soon as practicable after obtaining custody
of the property.
a. Include the inspection of all locked and/or closed containers
b. Document the results of the inventory on the offense or tow report
and/or in the narrative section of the report
2. INVENTORY SOLELY TO PROTECT an arrested driver's possessions
a. It is completely non-exploratory and is not a search
b. It can best be justified if the officer has very little or no reason to
believe that evidence is in the vehicle
c. Open closed containers whose content officers are unable to
determine from examining the container’s exterior for inventory
I. PROTECTIVE SWEEP
1. Incident to an arrest in a home, police may conduct a warrantless,
protective sweep defined as "a quick and limited search of the premises
conducted to protect the safety of police officers or others and must be
narrowly confined to a cursory visual inspection of those places in which a
person might be hiding.” (Maryland v. Buie, U.S. Supreme Court, 1990)
a. Done as precaution
b. Does not require PC or reasonable suspicion
c. Officers may look in closets and other spaces immediately adjoining
the place of arrest from which an attack could be immediately
launched
2. If the sweep goes beyond those areas, there must be reasonable
suspicion based on the facts that the area to be swept harbors an
individual posing a danger to those on the arrest scene
✦✦✦