LAW ENFORCEMENT AGENCY NAME Directive Title Directive Number Effective Date Topics Standard Reference Number of Pages Consent and Scope ADM.01.06 3 Issued By Special Instructions Revision Dates Motor Vehicle Searches I. PURPOSE The purpose of this directive is to provide personnel with guidelines for the search of motor vehicles. II. POLICY It is the policy of this agency to conduct only lawful and thorough motor vehicle searches. Such searches are to be conducted in strict observance of the Constitutional rights of the owner and occupants of motor vehicle being searched, and with due regard for the safety of peace officers and other persons and property involved. This agency subscribes to a conservative philosophy regarding all searches. Peace officers performing searches must be able to articulate specific justification for the search. If there is a question concerning the validity of a search, the peace officer shall give the benefit of doubt to the citizen. III. DEFINITIONS (ADM.01.06) A. Motor Vehicle: Every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead wires, but not operated upon rails. Motor vehicles include automobiles, trucks, trailers if attached to a motor vehicle, recreational vehicles / motor homes. This definition does not apply to vehicles of any type immobilized in one location for use as a temporary or permanent residence or storage facility or to implements of husbandry. B. Vehicle Search: An examination of all or a portion of the vehicle with an investigatory motive such as the discovery of fruits or evidence of a crime or contraband, or to enter the vehicle to examine the vehicle identification number or determine the ownership of the vehicle. Inventories of personal property conducted pursuant to impoundment of the vehicle are addressed in the directive entitled “Impoundment of Motor Vehicles” IV. PROCEDURES A. 1. Warrant Whenever feasible, a warrant will be obtained for the search of a motor vehicle. Warrantless searches are to be conducted when lack of time or other exigent circumstances make it impractical for peace officers to obtain a warrant. In other cases vehicles may be searched: a. b. c. d. e. f. When probable cause to search the vehicle exists With the consent of the operator Incident to an arrest of the occupants of the vehicle With reasonable suspicion, to search for weapons within reach of the driver or occupants When necessary to examine the vehicle identification number or to determine ownership of the vehicle Under exigent circumstances not otherwise enumerated above. 1 LAW ENFORCEMENT AGENCY NAME B. Scope of Search (ADM.01.06) 1. Searches with a warrant: Peace officers may search all areas of the vehicle, in which the items specified in the warrant might be reasonably found, unless the warrant states otherwise. 2. Probable cause searches: These may extend to all areas of the vehicle unless the probable cause is limited to a specific area of the vehicle. 3. Consent searches: The extent of the consent search depends upon the terms of the consent itself. If the consent is limited to specific areas of the vehicle or specific items to be sought, peace officers may search only portions of the vehicle specified by the consent and in which the items specified might be reasonably found. 4. Searches incident to arrest: Searches incident to arrest of the occupant of the vehicle shall be limited to areas within reach of the person arrested. 5. Search for weapons: Frisks for weapons normally must be confined to the passenger area of the vehicle. 6. Entries to examine a VIN or to determine vehicle ownership: These entries must be limited to actions reasonably necessary to accomplish these goals. 7. Exigent circumstances: Search of a motor vehicle under exigent circumstances not otherwise enumerated above should be determined by search personnel in each specific situation. In no event shall the extent of the search exceed that necessary to respond to the emergency. C. Search of Containers 1. Containers in motor vehicles shall not be searched unless they could reasonably contain the items being sought. 2. Unlocked containers found in motor vehicles are governed by the nature of the search as follows: a. b. c. d. e. D. In a probable cause search, containers such as paper bags, cardboard boxes, wrapped packages, etc., whenever found in the vehicle, may be opened. When the passenger compartment of a vehicle is being searched incident to an arrest, such containers found within the passenger compartment may be opened. Containers discovered during a consent search of the vehicle may be opened provided the terms of the consent expressly permit or reasonably imply that the particular container may be opened. Containers found in the vehicle under circumstances which do not justify their search under probable cause rules or in connection with a search incident to arrest should be secured but not searched until a warrant is obtained. Containers discarded or thrown from vehicles are considered abandoned property and may be searched without a search warrant. Conducting the Search Motor vehicle searches shall be conducted in a manner that minimizes the intrusiveness of the search and the inconvenience caused to vehicle owners, occupants and other persons involved. Where possible, 2 LAW ENFORCEMENT AGENCY NAME damage to the vehicle or to other property in the course of the search should be avoided. Where unavoidable, such damage shall be confined to that reasonably necessary to conduct the search. E. Seizure of Evidence Any evidentiary items discovered in the course of a search shall be collected, handled, packaged, marked, transported and stored in accordance with applicable written directives of this agency. F. Compliance with Health and Safety Requirements Searches shall be conducted in strict compliance with all applicable laws, government regulations, and departmental policies pertaining to the protection of department personnel from communicable diseases and hazardous substances. G. Security of Vehicles and Property Search personnel shall take reasonably necessary precautions to secure and/or preserve the vehicle and property from unauthorized entry, theft or damage. H. Responsibility of Lead Search Peace Officer The lead search peace officer or supervisor in charge of the search shall be responsible for ensuring it is conducted in accordance with this directive. In the event the search is conducted under a search warrant, the lead search peace officer or supervisor shall ensure the execution and return of the warrant are properly managed and documentation and reports are properly prepared and handled. V. INVENTORY PROCEDURES (ADM.01.06) 1. It is the duty of all employees, who impound motor vehicles, to perform an inventory of those vehicles. 2. The purpose of this inventory will be to ensure a proper accounting of all property in or attached to the vehicle in order to protect the officer from the liability of assumed damages and/or missing property. 3. The employee performing the inventory will conduct a thorough and uniform inventory of the vehicle to include but not be limited to the following items (if applicable): a. b. c. d. e. f. g. h. i. j. 4. Glove Compartment Ashtrays Beneath and behind the seats Floor mats Hub caps or wheel covers Trunk and/or storage compartments Spare tire Radio/Stereo and related components Contents of all unlocked containers Contents of all locked containers, if they can be opened without damage The employee will note any existing damage to the vehicle and take all necessary measures to ensure other damage to the vehicle does not occur during the inventory. The employee will make a complete 3 LAW ENFORCEMENT AGENCY NAME list of all items found during the inventory and will be responsible for filling out completely the appropriate form. 4