Policy Text
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DEPARTMENTAL GENERAL ORDER
R-02: SEARCHES OF INDIVIDUALS ON PROBATION,
PAROLE, MANDATORY SUPERVISION AND PRCS (POST-
RELEASE COMMUNITY SUPERVISION)
Effective Date: 11 Oct 19
Coordinator: Training Division
Individuals on probation with certain court-imposed search clauses and individuals on
probation, parole, mandatory supervision and post-release community supervision
(PRCS) may be subject to warrantless searches as a term and/or condition of their
supervised release by law enforcement. While these searches are a legitimate law
enforcement tool, the Department emphasizes that the mere fact that an individual is on
probation, parole, mandatory supervision or PRCS is not in itself a connection to criminal
activity.
For the purpose of this Policy, probation, parole, mandatory supervision and PRCS are
collectively referred to as “Supervised Release.”
COMMAND INTENT
The intent of this Policy is to enhance the effectiveness of Officers1 when coming into
contact with those individuals on Supervised Release and to provide clear guidelines for
the use of Supervised Release searches. The Department values the abilities of officers to
make sound judgments and decisions when using law enforcement tools available to them
– such as Supervised Release searches – to ensure Officer, community and subject safety.
At the same time, the Department recognizes that those on Supervised Release, as well as
the community at large, consider warrantless searches to be overly intrusive.
Accordingly, the Department seeks to build community trust through transparency of
Department operations by requiring Officers to document articulable facts supporting a
decision to affect a warrantless search.
A. DEFINITIONS
A - 1. Non-Violent Offenses
“Non-Violent Offenses” are defined as offenses in which violence or use of a
weapon is not a factor. Examples include simple possession of controlled
substances or property crimes such as petty theft.
A – 2. Violent Offenses
Offenses involving the use of force, the threat of force, the use or possession
of a weapon, sexual violations against the person of another, human
trafficking, and the use of force or threats to public safety. Battery on a Peace
Officer (Penal Code § 243(b)), Reckless Evasion in a Vehicle (Vehicle Code
§ 2800.2(a)), or a violent felony as defined in Penal Code § 667.5(c).), fall
into the categories of violent crimes, weapons offenses, sex crimes and/or
1 “Officer” or “Officers” refer(s) to sworn members of the Department of any rank.
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OAKLAND POLICE DEPARTMENT R-02 Effective Date
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crimes involving threats to public safety. These categories of crimes are
collectively referred to as “Violent Offenses.”
A – 3. Cursory Search
A “Cursory Search”, also known as a pat search or search for weapons, is
further defined as a limited search of the outer clothing in a manner designed
to determine whether the person being searched is in possession of any
weapons or items which may be used as such. Cursory searches typically
require reasonable suspicion that the person being searched is armed and/or
dangerous, and are governed by applicable case law and Department policy.2
A – 4. Full Search
A “Full Search” of a person is defined as a “relatively extensive exploration”3
of the person being searched, including their clothing, their pockets, and
containers in their possession. A Full Search of a person is most typically
conducted incident to that person’s arrest.
B. SUPERVISED RELEASE SEARCHES AND THE COMMUNITY
B - 1. Purpose of Supervised Release Searches
Warrantless searches of individuals on Supervised Release shall4 further a
legitimate law enforcement purpose. Such searches shall not be:
1. Arbitrary;
2. Capricious; or
3. Harassing
B - 2. Procedural Justice Considerations
Officer contact with individuals on Supervised Release provides Officers with
an opportunity to practice the tenets of procedural justice: voice, neutrality,
respect, and trustworthiness.
B - 3. Inquiring About Supervised Release Status
Inquiring about an individual’s Supervised Release status, at the beginning of
an interaction without proper justification is unjust. Such an immediate
inquiry is viewed by the community as an improper assumption by the
Officer that the individual has a criminal history. To that end, Officers shall
not immediately inquire whether an individual is on Supervised Release
unless there is an Immediate Threat5 to Officer safety or the safety of others.
Any subsequent inquiries about probation, parole, mandatory supervision and
PRCS status shall be framed in a respectful manner.
2 See for example Terry v. Ohio , 392 US 1 (1968) and OPD Training Bulletin I-O.02, Legal Aspects of
Searching Persons.
3 US v. Robinson , 414 US 218, 236 (1973)
4 Manual of Rules 175.77: SHALL – Indicates that the action is mandatory.
5 An “Immediate Threat” is defined in Departmental General Order K-3 (II)(B).
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C. REQUIREMENTS FOR SUPERVISED RELEASE SEARCHES
Supervised Release searches shall be conducted in consideration of the totality of the
circumstances surrounding the encounter.
C - 1. Knowledge of Searchable Supervised