Police Department, University of Louisiana at Monroe
Policy Number: 2.2.5
Effective Date: August 31, 2015
Subject: Search and Seizure without a Warrant
Applicability: All
IACLEA 2.2.5
CALEA
CONSENT SEARCHES
Consent searches should be used with the knowledge that they are often subject to question after the
fact. Officers will always attempt to obtain consent in writing. (ULMPD form, Permission for Search and
Seizure of Property). Attach the consent form to the offense file in case subjects deny in court that their
consent was voluntary.
a. If the consent cannot be obtained in writing, a verbal consent may suffice to fulfill legal
requirements. The officer obtaining a verbal consent should attempt to have another officer
witness the consent; and
b. A Supervisor will be notified of all consent searches.
c. The officer will include in his/her report that consent was given.
Consent must be voluntary. It is not coercion to advise the person that the officers will seek a search
warrant if consent is not given.
a. Withdrawal of the consent may occur at any time. At the moment the subject withdraws
consent, the officers will retain any sizeable items they have discovered and stop the search. A
search warrant may be required to continue the search and may include information on items
already seized during the consent search.
b. Consent searches apply to any area which can include a home, property, person or vehicle.
STOP AND FRISK
An officer may stop a suspect and frisk him/her under circumstances where the officer has particular
reasons to fear for his/her safety. The requirement is that there is "reasonable suspicion."
The officer must have knowledge of facts that reasonably lead the officer to believe that the suspect is
involved in criminal activity and may be armed and dangerous. This knowledge can be obtained from
sources of information other than solely the officer's own personal observations. These sources can be:
a. Reliable sources such as another police officer or police agency.
b. Less reliable sources, including anonymous sources, as long as the information is corroborated
by the officer or other reliable sources.
Police Department, University of Louisiana at Monroe
The officer must identify himself/herself as a police officer and make reasonable inquires as to the
suspect's conduct.
The responses from the suspect to the officer's stopping and questioning must fail to relieve the officer's
reasonable suspicion and fears of danger to the officer or others.
A frisk is not a full search; but must be limited to patting down a suspect's outer clothing with the intent
of discovering concealed weapons.
MOTOR VEHICLE SEARCHES
Anytime a search is anticipated, a warrant should be utilized unless it is not possible. A warrant is not
needed to stop and search a vehicle capable of being moved when there is probable cause to believe
that evidence of a crime is in the vehicle. The exception is allowed because of the following:
a. The exigent circumstances created by the mobility of the vehicle; and
b. The diminished expectation of privacy in a vehicle.
When probable cause does exist, a warrant is unnecessary when:
a.
b.
c.
d.
e.
f.
g.
The vehicle is moving;
The officer has reason to believe that the vehicle may be moved;
The possibility exists that an alerted criminal will use the vehicle to flee;
The vehicle has recently been moved;
It is impractical to post a detail to guard the vehicle pending evidence collection;
The possibility exists that time or elements may destroy the evidence; and/or
It is an emergency situation in which the vehicle must be searched to save life, prevent injury to
others, or prevent serious damage to property.
h. When an occupant of a motor vehicle has been taken into a custodial arrest, the officer may
make a warrantless search of the passenger compartment of the motor vehicle where weapons
or evidence of a crime may be located. The search may include unlocked glove boxes,
receptacles, unlocked luggage bags, clothing, etc.
CRIME SCENE SEARCHES INCIDENT TO ARREST
Searches may be conducted of the immediate area. Any contraband/ evidence of crime(s) that is
observed in plain view may be seized. Further searches of the scene can be done only with a search
warrant or by consent from an individual having authority to give consent. Contraband/evidence of
crime(s) that were observed in plain view can be used as probable cause in procuring a search warrant if
needed.
A search incident to a legal arrest is allowable because a custodial arrest based upon probable cause is a
reasonable intrusion under the Fourth Amendment.
A search subsequent to a custodial arrest is permitted for the following:
Police Department, University of Louisiana at Monroe
a.
b.
c.
d.
To collect and preserve evidence;
To ensure the safety of the arresting officer;
To prevent escape; and
To prevent weapons and contraband from entering a custodial facility.
The search must be conducted as soon as possible following the arrest. Brief reasonable delays such as
transporting the subject to jail are permissible.
The scope of the search will be limited to the person, the person's clothing, and the area and articles
within the person's immediate reach. This would include a purse, a wallet, etc. The area of the subject's
immediate reach is determined at the time of the search and arrest. If a person is arrested out of a
motor vehicle, the interior of the vehicle can be searched, with the exception of locked areas. As a
matter of departmental policy, all vehicles which are towed will be inventoried. Officers cannot arrest,
move the arrestee to another location, then return to the scene of arrest and search incident to the
arrest. The search should be made immediately at the point of arrest with the arrestee present.
EXIGENT CIRCUMSTANCES
An officer may make a warrantless search of any otherwise protected place or area anytime there is
reasonable cause to believe that it is necessary to save a life or prevent injury or serious property
damage.
An officer may make a warrantless search of any otherwise protected place or area for evidence
anytime there is probable cause to believe the evidence will be destroyed or moved before a warrant
can be obtained.
An officer may pursue a suspect into a building if the officer has probable cause to believe that the
suspect is armed and has just committed a serious crime. The officer may, for the purpose of the
officer's safety, the safety of the public, and the prevention of escape, search the building.
An officer may pursue a felony suspect into a building if the officer has probable cause to believe that
the suspect will destroy or conceal evidence if not apprehended immediately.
Once the elements that constitutes exigency cease to exist, the officer must discontinue any search until
a search warrant can be obtained.
TOWED VEHICLE INVENTORY
The officer who requests a tow truck will be responsible for conducting the inventory. If the vehicle is
towed, an inventory will be conducted only under the following circumstances:
a. Arrest of the driver;
b. Driver is removed to the hospital; or
c. Vehicle is abandoned, and the owner cannot be contacted.
Police Department, University of Louisiana at Monroe
The officer will inventory the vehicle before leaving the scene. The date and time of the inventory will be
noted on the Wrecker Request Log. Any vehicle towed at an owner's request will not be subjected to an
inventory.
The inventory will be as thorough as possible and will include the unlocked glove box, under seats, and
any other area that is open to view. Locked areas and containers such as trunks or glove boxes may be
inventoried if keys are provided. Otherwise, a warrant would be required. The inventory is conducted
for the following reasons:
a. For the protection of the owner's property in the vehicle; and
b. For the protection of the officers so that unjustified claims of theft can be documented.
All items unattached in the vehicle with an estimated value of more than $10.00 will be listed on the
Inventory Form. Any item of substantial value may be removed from the vehicle and submitted to the
property room. A list of the items removed will be listed on the Inventory Form.
PLAIN VIEW
1. If officers are in a place that they have a legal right to be and observe contraband, instruments, fruits
or evidence of a crime, they may seize those items as evidence;
2. The item seized must be immediately apparent as contraband or evidence of a crime. If the item must
be moved or examined more closely, the plain view doctrine does not apply;
3. Except in cases involving exigent circumstances or motor vehicles, a plain view observation of
contraband or evidence does not justify a warrantless entry into a constitutionally protected area to
seize the item; and
4. This may establish probable cause and a search warrant could be utilized. For example, if through a
window, an officer observes marijuana plants growing in flower pots, this would establish probable
cause to obtain a search warrant.