Policy Text
CONCORD POLICE DEPARTMENT
STANDARD OPERATING PROCEDURE
SEARCH AND SEIZURE
GENERAL ORDER: 07.04 CREATED: August 26, 2021 ISSUE DATE: October 1, 2022
CALEA STANDARD: 1.2.4, 1.2.8 EFFECTIVE DATE: October 1, 2022
ACTION: Re-numbers general order dated February 2, 2022.
07.04.0 PURPOSE
The purpose of this general order is to establish department guidelines for obtaining and
executing search warrants, and for conducting operations to serve search warrants.
07.04.1 POLICY
It shall be the policy of the Concord Police Department that all officers have a sound
knowledge of the legal requirements associated with conducting a search in order to
support the Constitutional rights of citizens, prevent suppression of evidenc e, protect
citizens, and maintain public confidence.
07.04.2 DEFINITIONS
A. BODY CAVITY SEARCH
The intrusive search of a person’s anal, vaginal, or other internal body cavity for the
purpose of detecting concealed evidence or contraband. This term shall not apply to
the searches of a person’s mouth, nostrils or outer ears.
B. FRISK
A limited “pat -down” protective search of a person’s outer clothing and quickly
accessible carried belongings. This type of search is intended to reveal the presence
of a weapon and is not a full search of a person.
C. PROBABLE CAUSE
Facts and circumstances that, taken together with reasonable inferences in light of an
officer’s training and experience and measured in terms of common sense, would
establish a fair probability that a crime has been committed and that a particular
person committed it, and/or evidence of a crime or contraband is in a particular
place.
D. REASONABLE SUSPICION
Facts and circumstances that, taken together with reasonable inferences in light of
an officer’s training and experience and measured in terms of common sense, would
cause an officer to suspect that a person has been, is, or is about to be involved in
criminal activity; or a person is armed with a quickly accessible weapon and
constitutes a danger to the officer.
General Order 07.04 SEARCH AND SEIZURE Page 2 of 5
E. SEARCH INCIDENT TO ARREST
The search of an arrestee’s person and the area within the arrestee’s immediate
control contemporaneously to the arrest.
F. STRIP SEARCH
The removal of a person’s clothing and undergarments for the purpose of searching
for concealed evidence or contraband.
G. TRANSSEXUAL PERSON
One whose personal sense of their gender conflicts with their anatomical sex at birth.
H. TRANSGENDER PERSON
One whose gender identity or expression differs from the one which corresponds to
the person’s sex at birth.
07.04.3 PROCEDURES
A. SEARCH AND SEIZURE
The procedures for search and seizure are governed by North Carolina General
Statute (NCGS) Chapter 15A.
B. CONSENT SEARCH
1. Consent is a statement to an officer giving permission to search. In all cases,
consent must be voluntarily given. The person granting the consent can be any
one of the following:
a. The person being searched;
b. The registered owner or person in apparent control of a vehicle;
c. The person who owns the premises or is in apparent control of the premises.
2. A person has the right to refuse to give consent to search. A person giving
consent may limit the scope or duration of the search. The consent may be
withdrawn at any time during the search and the search must cease if consent
is revoked unless the officer has probable cause to continue the search. Officers
are not required to notify the consenting person of th ese rights prior to
requesting consent unless the person inquires, and then the officer must answer
truthfully.
Note: NCGS 15A -221 through 15A -223 covers consent searches.
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C. INVESTIGATIVE STOP AND FRISK
1. An officer may stop and temporarily detain a person on reasonable suspicion
that he/she has committed, is committing, or is about to commit a crime and
may ask for person’s name, address, and an explan ation of his/her actions. The
length of an investigative stop is determined by the facts and circumstances
surrounding each stop. Generally, more time is allowed for more serious crimes.
2. In determining reasonable suspicion, the officer may consider such factors as
the demeanor of the person, gestures, any attempt to flee, physical appearance,
proximity to the scene of the crime, prior knowledge of the officer, time of day,
and the location where the stop occurs. In determining reasonable suspicion,
the of ficer must look at the totality of the circumstances in deciding whether
reasonable suspicious exists.
3. Once an officer has stopped a person, the officer may frisk a person when facts
can be articulated that lead the officer to reasonably suspect that the person is
armed and a threat to the officer’s safety. If the