Policy Text
only desirable and preferred by the courts, but of suspicious circumstances or upon
can preclude problems as to the admissibility of
information from investigation, an officer may
evidence seized. initiate the stop of a suspect if s/he has
reasonable suspicion to do so. Reasonable
C. Where police officers, under oath, truthfully suspicion must be more than a “hunch” or “gut
apply for a search warrant, and a neutral and
feeling,” but need not meet the test for probable
detached magistrate or judge issues said search
cause sufficient to make an arrest. In justifying
warrant, they will be considered by the the stop, the officer must be able to point to
Department to have prima facie proof of
specific facts that, when taken together with
compliance with this section and within General
rational inferences, reasonably warrant the
Order 6.3, Search & Arrest Warrants. detention. The following guidelines shall be
followed when making an authorized stop to
D. Policies and procedures concerning search and
conduct a field interview:
arrest warrants are specifically covered in
General Order 6.3, Search & Arrest Warrants. 1. When approaching a suspect, the officer
shall clearly identify him/herself as a law
REQUIREMENT announcing his/her identity and displaying
departmental identification.
There are at least eight situations in which present-
day Fourth Amendment jurisprudence does not 2. The person stopped will be advised of the
require searches to be conducted with warrants. They
purpose of the detention.
are:
3. Officers shall be courteous at all times
A. Searches incident to a lawful arrest.
during the contact but maintain caution
and vigilance for furtive movements to
B. Stop and retrieve weapons, conceal or discard
frisk searches.
contraband, or other suspicious actions.
C. Moving vehicle searches.
4. Before approaching more than one
D. Emergency
searches. suspect, individual officers should
determine whether the circumstances
E. Border
searches. warrant a request for backup assistance
and whether the contact can and should be
F. Other “administrative
searches” delayed until such assistance arrives.
(i.e. vehicle inventory)
5. Officers shall confine their questions to
G. Consent searches. those concerning the suspect’s identity,
place of residence, and other inquiries