Police Department Policy

GGPDE_T.B._20-04_Searches_1954855(1)

Garden Grove PD

Policy Text
TOM DaRé , CHIEF OF POLICE Professional Standards Division NUMBER: 2020 -04 ISSUED: March 3 , 2020 Searches (Cursory - Custodial) The purpose of this training bulletin is to reiterate the importance of conducting legal and thorough searches during the course of your duties. Officers come in contact with subjects for various reasons, i.e. calls for service, citizen flag downs and self -initiated activity. Not every contact can be treated the same way, with the exception of officer safety. Officers in the field who attempt to detain an individual shou ld be aware that a temporary detention or a stop is an exertion of authority that is something less than a custodial arrest, but more substantial than a simple contact or consensual encounter. Cursory Searches (“Pat Down”) During the course of a detent ion, officers may feel the need to conduct a cursory or “pat down” search of the subject. A cursory or “pat down” search is for weapons only, and requires officers to have a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person may be armed or dangerous. ( Terry v. Ohio ) Officers conducting their searches should use a systematic approach and shall conduct all searches in the same manner. If officers locate a dangerous weapon or contraband early in their search structure, the officer should continue to search the remaining areas where additional contraband or dangerous weapons could be concealed or secreted. As officers are conducting their “pat down” searches and in the course of that search locate a knife, screwdriver, pencil, etc., the officer shall remove and secure that item either on their person, with their partner officer or a safe distance away from the person being contacted. A complete and systematic search shall be completed after locating the weapon. If an officer is conducting their “pat down” search of a subject and discover a firearm, the officer should keep control of the subject while making every effort to secure the firearm. Once the firearm is se cured, the subject should be handcuffed and a detailed search completed. The suspects actions will ultimately dictate the officers tactics, and not every scenario can be treated the same (i.e., prone out technique). If a suspect is positioned in TRAINING BULLETIN the pron e (High risk car stop/ pedestrian stop) the officer should secure the suspect prior to removing the firearm. The scope of the “pat down” involves searching the outer clothing of the person for weapons. The purpose of the “pat down” search is for safety of both the officer and the subject while conducting a preliminary investigation around someone who they feel may be armed and dangerous. If searching the groin area of a detainee is reasonable based on the totality of the circumstances, then the ar ea should be searched, and later articulated in the officer’s report. Make sure your search is thorough enough to discover a weapon if one is hidden in the groin area. Custodial Searches Officers shall conduct a custodial search of their arrestee prior to transporting, in order to ensure the arrestee is not concealing or secreting any dangerous weapons or contraband not readily visible or located prior to the arrest. A search of the arrestee should be conducted by an officer of the same sex, when practi cal. If a search of an arrestee MUST be conducted by an officer of the opposite sex, the officer shall conduct a cursory search for weapons, using the back of their hand ( GGPD G.O. 10.9 ) Officers shall remove all personal property from the arrestee’s per son and place the property in a medium size clear plastic bag, obtained from the Property and Evidence Room, prior to transporting the arrestee. After the property has been analyzed for evidentiary value, it will be turned over to The Geo Group Inc. perso nnel (jail staff) for inventory in order to complete the booking process. If the transporting officer is different from the arresting officer, the transporting officer shall conduct a secondary search of the arrestee prior to transporting. The rear Axon F leet Camera shall be activated prior to transportation and officers should be reminded to watch for any suspicious movements of their arrestee while secured in the rear seat of their police car. Both cursory searches and custodial searches should be com pleted systematically and in the same manner each time so officers do not miss hidden or secreted dangerous weapons and other evidence concealed by arrestees on their person. Additionally, officers should be reminded to check their rear seat and the surrou nding areas in the rear of their police cars to ensure no evidence was discarded during transport after their transportation is complete. Prepared by: Ryan Lux, Corporal

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