Policy Text
\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT
GENERAL ORDER
TITLE ACCREDITATION
Seizure of Allegedly Obscene CALEA 43.1.1.a
Material
PRIOR REVISIONS
PROPONENT UNIT 01/12/05
Patrol District Operations
ATTACHMENT:
None
NUMBER ISSUE DATE REVISION DATE TOTAL PAGES
83.4 01/12/05 11/21/2019 2
I. PURPOSE: This Order provides a set of policies and guidelines for seizing allegedly obscene
material.
II. POLICY: To successfully seize and prosecute cases involving allegedly obscene material,
the Gainesville Police Department shall have policies and procedures in place which provide
for the proper review of material believed to be obscene.
III. DEFINITION:
Obscene: Florida State Statute 847.001(10) defines Obscene as the status of material which:
A. The average person, applying contemporary community standards, would find, taken as
a whole, appeals to the prurient interest;
B. Depicts or describes, in a patently offensive way, sexual conduct as defined by statute;
and;
C. Taken as a whole, lacks serious literary, artistic, political, or scientific value.
D. A mother’s breastfeeding of her baby is not, under any circumstance, “obscene.”
IV. PROCEDURE:
A. With regards to the seizure of allegedly obscene material, the Supreme Court has stated:
The seizure of any material arguably protected by the first amendment must sustain a
particularly “high hurdle in the evaluation of reasonableness” under the fourth amendment.
1. The content of signs used in conjunction with political protests is considered protected
speech under the First Amendment to the United States Constitution. Only in the most
unusual circumstances will a sign be determined to be legally obscene or otherwise
unlawful based on content.\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT
2. For this reason, before allegedly obscene materials may be constitutionally taken and
preserved for evidence in a criminal or injunctive proceeding, a preliminary
“determination of probable obscenity” must be made by a neutral Judge
B. When an officer encounters material they believe to be obscene and subject to seizure,
the issue of seizure must be taken up the chain of command for concurrence the material
may be obscene.
1. If the material considered to be obscene is being offered for sale, a copy should be
purchased to aid in review.
2. If the material considered to be obscene is not offered for sale, and can be
photographed, a picture should be taken to aid in review.
3. If the material considered to be obscene cannot be photographed, a detailed
description should be made sufficient to convey why the officer deems the material to
be obscene.
C. If, after review, the material is still deemed to be obscene, the issue of seizure will be
referred to the Police Legal Advisor for review.
D. The Police Legal Advisor will take appropriate action for determination of probable
obscenity. If a determination of probable obscenity is made, a warrant will be sought by
applying to the State Attorney’s Office authorizing seizure of the material.
E. Exigent Circumstances: Where there are exigent circumstances in which police action
literally must be now or never to preserve the evidence of the crime, it is reasonable to
permit action without prior judicial evaluation, however review by the chain of command
and legal advisor are still to be followed.
_________________________
By Order of
Signed Original on File in the
Accreditation Unit
__________________________
Tony R. Jones
Chief of Police
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