47998628.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Searches CALEA 1.2.4, 1.2.8 (a-d); 70.1.1; PRIOR REVISIONS PROPONENT UNIT 07/08/09; 01/09/2020 District 1 and District 2 Patrol Operations ATTACHMENT: None NUMBER ISSUE DATE REVISION DATE: TOTAL PAGES 1.4 07/01/98 05/11/2022 10 I. PURPOSE: This Order defines the scope and limits of the Department’s law enforcement authority regarding searches. II. POLICY: To protect citizens against unreasonable searches, the Gainesville Police Department and its members shall conduct searches with or without a warrant when it is permissible to do so as established by statutory and case law and, when applicable, judicial review. [CALEA 1.2.4] III. DEFINITIONS: Body Cavity Search: also known simply as a cavity search, is either a visual search or a manual internal inspection of body cavities for prohibited materials (contraband), such as illegal drugs, money, jewelry, or weapons. The Gainesville Police Department prohibits body cavity searches. Strip Search: In accordance with law F.S. 901.211, the term “strip search” means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual or manual inspection of the genitals; buttocks; anus; breasts, in the case of a female; or undergarments of such person. The Gainesville Police Department prohibits strip searches. Invasive Search: Commonly referred to as a “reach in” search wherein the officer has probable cause to believe the subject has a weapon or contraband concealed on his/her person. Wherein the suspect remains clothed during the search and the suspect’s genitals are not visible to onlookers. Seizure: The act of taking custody of evidence or contraband. TIGN- An Acronym for transgender, intersex, and gender nonconforming individuals. Transgender Identity – a person who utilizes or identifies themselves by gender or persona other than that assigned at birth. PC: Person in Custody III. PROCEDURE:\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT A. Warrants: Searches that require warrants shall be conducted according to Department policy and the legal requirements for the acquisition and execution/return of search warrants. 1. Securing Scene: The member shall ensure that the scene is secured while seeking approval for a warrant; then, if approval is granted, ensure continued security while the warrant is being obtained. 2. Approval Process: i. A member must obtain approval from his/her supervisor to obtain a search warrant. a. The supervisor must review the facts of the case/incident to determine if obtaining a search warrant is appropriate. b. The supervisor must review the methods and resources the member utilized to verify the affidavit information. ii. The member or the supervisor shall contact the case detective, if applicable, and the State Attorney’s Office for the following: a. Guidance and assistance in writing the affidavit for the warrant and b. Contacting the judge for signature. 3. Execution: Warrants shall be executed legally and in accordance with the provisions identified by the judge. i. Warrants shall be executed in a timely manner. ii. Members shall comply with statutory and case law requirements regarding ‘knock and announce’ provisions; time-of-day considerations, if any, as well as requirements regarding the reading of the warrant. iii. Entry Procedures: a. If an advance surveillance team is at the target site, radio contact shall be made to ensure that the warrant can be served according to plan. b. The search personnel shall position themselves in accordance with the execution plan. iv. Notification a. An easily identifiable police officer shall knock and notify persons inside the search site, in a voice loud enough to be heard inside the premises: 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT i. Officers shall knock and announce that he/she is a police officer and has a warrant to search the premises, and that he/she demands entry to the premises at once. ii. This announcement shall include stating at minimum the following: “This is the Gainesville Police Department search warrant, occupants of (state address), open the door.” b. Following the knock and announce, officers shall delay entry for an appropriate period of time based on the size and nature of the target site and time of day to provide a reasonable opportunity for an occupant to respond. v. Members shall read the warrant and leave a copy of the warrant, along with an inventory of items removed, with the representative of the place searched, or leave it on the premise if no one is on-scene to accept it. vi. Members shall search only those places and things in which the items of the search may reasonably be found. 4. Uniformed Presence: Whenever a plainclothes team (detectives, SID, etc.) executes a search warrant, one or more uniformed officers [from the jurisdiction where the search is being conducted] should accompany the search warrant team. i. The purpose of the uniform presence is to ensure that the occupants of the structure to be searched are aware of the team’s police identity. ii. The commander of the team executing the warrant shall make the determination during the detail’s planning stage regarding what method (person, vehicle, or both) should be used to indicate a uniformed presence. a. Depending upon the circumstances, the uniformed officers may be used immediately or held in reserve. b. If there is an alternative, such as using a specialty marked vehicle, the uniformed officer may not be needed. 3\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT 5. High-Risk Warrants: After consulting with a supervisor, the Department member seeking the warrant shall notify the Special Weapons and Tactics (SWAT) Commander, as soon as possible, when aware of the need to execute a high-risk warrant. (Refer to GO 46.4, Special Response Teams, Requesting Assistance). i. High Risk Warrant Service where the SWAT team is asked to assist in service of the warrant, shall be reviewed and approved by the Assistant Chief of Police in the Patrol Support Bureau, prior to it being served. If he/she is unavailable, the Assistant Chief of Police of the Operations Bureau or the Chief of Police must review and approve the warrant prior to it being served. ii. Warrant Service (other than High Risk) where the SWAT team is asked to assist in service of the warrant, shall be reviewed and approved only by the Chief of Police. He/she must review and approve the warrant prior to it being served. iii. When the need to deploy is verified and approved, the Team Commander shall be responsible for activating their team personnel and notifying the SRG Commander, Patrol Support Bureau Commander, and the Assistant Chief of Police in the Patrol Support Bureau. If the Assistant Chief of Police in the Patrol Support Bureau is unavailable, the Assistant Chief of Police in the Operations Bureau or the Chief of Police must be notified. 6. Return: The return shall list all items removed from the premise(s), shall be completed within the time frame specified and then returned to, the judge. B. Consent: The requirement of a search warrant under the Fourth Amendment may be waived with a voluntary consent to search. This consent may be verbal or written 1. Consent search of a residence: Under normal circumstances, the member should obtain written consent when obtaining consent to search a residence. Anytime a residence is searched, it shall be documented in an Incident Report or Report Supplement. 2. Consent search of a vehicle: Although written consent is preferred, verbal consent is acceptable. Verbal consent should be obtained using some type of audio recording device, such as In-Car Camera or Body-Worn Camera. Anytime a vehicle is searched, it shall be documented in either an Incident Report or a Field Interview Card under heading “SEARCH”. 3. Consent to search a person: Although written consent is preferred, verbal consent is acceptable