Police Department Policy

SOP #016 - SEARCH AND SEIZURE

Miami Beach Police Department

Policy Text
DEFINITIONS: AFFIDAVIT - A written statement of facts made under oath. ARREST WARRANT - An order of arrest signed by a judge. Arrest warrants are executed by sworn law enforcement officers only. CONTRABAND - An item that is illegal to possess, produce or distribute. EXECUTIONER - Person who performs a task or carries out what is required. EXTENUATING CIRCUMSTANCES - Something arising suddenly out of the current event; any event or occasional action or remedy; a sudden and unexpected happening or an unforeseen occurrence or condition. MEMORY - The electronic holding place for instructions and/or data; may also be referred to as a SIM card. PERSONAL DIGITAL ASSISTANT (PDA) - Devices usually containing phone, address lists, photographs and other data; and may also be referred to a “smart phones” and tablet computers. PLAIN VIEW - Officers may seize evidence / contraband in plain view without a warrant. Officers, however, must be legally present and will have to justify that the facts and circumstances necessitated the seizure without a warrant. PORTABLE VIDEO AND/OR PHOTO RECORDING DEVICE - Any device capable of capturing still photographs and/or video/audio recordings such as cell phones, smart phones, tablet computers, digital and analog cameras, digital and analog video recorders. PROBABLE CAUSE - Knowledge of facts and circumstances as would warrant an officer of reasonable caution to believe that a person has committed a crime or that evidence of a crime will be found at a certain place. REASONABLE SUSPICION - Circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation. It lies somewhere between mere hunch and probable cause. REMOVABLE MEDIA - Discs, CDs, DVD, cartridges and tapes that store data and can be easily removed. REMOVABLE MEDIA CARD - Small data storage media which are more commonly found in other digital devices such as smart phones, tablet computers, cameras and PDAs. VALIDITY OF INFORMATION - Is the information current and reliable. SEARCH WARRANT - An order, in writing, issued by a judge, directing a law enforcement officer to search a particular, person, place or thing for contraband, fruits of a crime or other evidence. USB STORAGE DEVICE - Small storage devices accessed using a device’s USB port. They may store large volumes of data files. They are easily removed, transported and concealed. PROCEDURE:

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