LAW ENFORCEMENT AGENCY NAME
Directive Title
Directive Number
Effective Date
Topics
Standard Reference
Number of Pages
Consent and Scope
ADM.01.06
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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.
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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,
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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
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LAW ENFORCEMENT AGENCY NAME
list of all items found during the inventory and will be responsible for filling out completely the
appropriate form.
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