Policy Text
Procedure Number: E2
Revised: 06/03
Revised: 12/12
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 Juveniles 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 often 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, prior to
conducting a search, a probation officer shall verify 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 searching, 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 described 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 the 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 discussed 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 unknown to the probation officer or viewed as a potential problem, the probation
officer may request law enforcement assistance.
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