e2_searchandseizure

Procedure Number: E2 Revised: 06/03 Revised: 12/12 1 SEARCH AND SEIZURE AUTHORITY California Code Section(s): Welfare and Institutions Code (WIC) Sections 625 and 727 Penal Code (PC) Sections 833, 1203, and 3453(f) Related Probation Officer Procedures: C12 Release of Property in Evidence E3 Arrest of Juv eniles and Adults F2 Continuum of Force F8 Arming: Use of Firearms G1 Case Supervision Assignment and Initial Contact G2 Caseload Supervision Levels INTRODUCTION Allowing warrantless search , as well as seizure of illegal or prohibited items, is ofte n a condition of probation or community supervision . Searches conducted as a condition of supervision do not have to meet the test of “probable cause” required to obtain a search warrant. Further, p rior to conducting a search, a probation officer shall v erify the offender has a condition allowing search and seizure. The probation officer shall also understand the limitations, if any, of the search and seizure condition , including items that may be seized and locations that can be searched . When searchi ng, a probation officer may seize illegal items, or items that were specifically prohibited by Court order or other applicable law , located during the search. These items are then booked into evidence and/or disposed at the EDSO Property Section , as descr ibed further in this procedure. As soon as possible after a search occurs, the probation officer shall complete the “Contact Event” in PRIORS documenting the circumstances of the contact, search, and the disposition of all evidence seized in the search. SAFETY The safety of probation officers and all persons present is the primary concern at all times during any type of search. If at any time a probation officer believes the initiation or completion of a search will jeopardize the officer’s safety or th e safety of others, the probation officer shall not initiate or shall terminate the search immediately. All situations call for a probation officer to use discretion and professional judgment. TYPES OF SEARCHES There are three types of searches, as disc ussed in this procedure: 1. A formal search of an offender’s property is a complete search which consists of thoroughly searching an offender’s property . This type of search may progress into a tense or stressful situation for the offender and the probation officer; therefore, safety of all parties involved is of utmost concern. All formal searches of an offender’s property shall be conducted by at least two probation officers or one probation officer with law enforcement assistance. If the offender is unkn own to the probation officer or viewed as a potential problem, the probation officer may request law enforcement assistance. Procedure Number: E2 2 2. A cursory searc h of an offender’s property may include basic search tactics such as observing the offender’s bedroom, opening dresser drawers, looking in a closet, etc., but is not a formal search. Further, a probation officer may conduct a cursory search while working alone if safe to do so . If a probation officer working alone observes contraband and believes assistance is n ecessary, the probation officer shall leave the scene and seek follow - up assistance. If the offender is compliant, a probation officer can seize the contraband before seeking assistance. 3. A search of an offender’s person can occur at any time and for any reason, including officer safety, depending on the situation. A probation officer may conduct a search of an offender’s person while working alone if safe to do so. AUTHORIZATION TO SEARCH It is the policy of the Probation Department that officers occup ying the positions of Deputy Probation Officer II, Senior Deputy Probation Officer, Supervising Deputy Probation Officer, Deputy Chief Probation Officer, Assistant Chief Probation Officer and Chief Probation Officer, who have successfully completed Arrest, Search & Seizure training pursuant to §832 PC and Probation Officer CORE training, are authorized to search pursuant to these procedures. The above officers are authorized to conduct a search of an offender’s person when necessary. However, s upervisory consultation and approval regarding a formal search of property prior to the actual search is always preferred and should occur when possible, but is not mandatory for the positions listed above when the need for a search develops suddenly during regular b usiness hours, or the search occurs during non -business hours. The supervisor shall be notified as soon as possible by the probation officer during business hours after a formal search of property has taken place. Officers occupying the position of Deput y Probation Officer I are authorized to conduct a cursory search of property or a search of an offender’s person pursuant to these procedures after successful completion of Arrest, Search & Seizure training pursuant to §832 PC . However, a DPO I must obtai n prior supervisory approval to conduct a formal search of property , under the guidance and in the presence of a higher ranking officer . If a formal search becomes necessary during a situation with an offender, the DPO I shall contact the supervisor , in p erson or by telephone , of the location and circumstances. If the probation officer cannot contact his/her supervisor, the officer shall attempt any other available supervisor. For training purposes , prior to successful completion of Arrest, Search & Se izure training pursuant to §832 PC, a D