Policy Text
TRAINING BULLETIN
SEARCHES OF PERSONS
Bulletin Index No. III - B.3
Master Alphabetical Index: Searches of Persons
Publication Date: 27 June 77
CONTENTS PAGE
INTRODUCTION 2
DEFINITIONS OF SEARCHES 2
SEARCHES IN NON-ARREST SITUATIONS 3
SEARCHES INCIDENT TO AN ARREST 5
The Standing Search Position 7
The Kneeling Search Position 8
The Prone Search Position 9
The Wall Search 10
The Full Search of an Arrestee 11
SEARCHING FEMALE SUBJECTS 13
OTHER CONSIDERATIONS 16
Handling Evidence or Contraband 16
Procedure Following an Unproductive Search 16
Returning Possessions 16
Searching the Wrong Person 16
CONCLUSION 16
INTRODUCTION
To ensure his own safety, an officer must search persons he detains or arrests in
order to discover whether they are armed. In cases where the officer has probable
cause or a warrant for an arrest (except those involving traffic offenses or public
drunkenness), he can search a suspect to discover weapons, evidence, or contraband. The importance of thoroughly searching pers ons at the time of arrest is shown by
the fact that searches at the jail often reveal weapons still in the possession of
suspects who have been searched by at least two
officers – the arresting officer
and the transporting officer. Weapons di scovered at the jail might easily have
been used against the officers and other pe rsons with whom he suspect came into
contact after his arrest.
This Bulletin presents techniques for conducting safe and lawful searches of persons who have been stopped or ar rested. It emphasizes safety and
thoroughness. DEFINITIONS OF SEARCHES
The cursory search ("pat-down" or frisk) and the full search differ according to
law. The courts currently hold that, even when the facts are short of probable cause to
arrest, you may detain a person and subject him to a limited search for weapons if
you have reason to believe that he is or may be armed and dangerous.
The cursory search
is a frisk or pat-down of a subject's outer clothing which can
include all areas of the s ubject's person from which a weapon might be readily
available (including his or he r hair). The only purpose of the cursory search is to
discover deadly or dangerous weapons. Th e intent of decisional law on this point
is to strictly prohibit evidentiary or exploratory searches by officers in cases
where probable cause to arrest is not pr esent yet to allow officers the opportunity
to protect themselves from armed attack. A full, search is not limited to thos e areas from which a weapon might be
immediately available. It is performe d under one of the following conditions: by
authority of a valid search warrant; as inci dent to a valid arrest (excluding traffic
offenses or public drunkenness); by cons ent of the subject; in an emergency
situation; or on the grounds of probable cause. (The officer must a prepared to
support with observable facts his decision to make a full search on the grounds of
probable cause.)
Whether an officer conducts a cursory search or a full search, his primary
purpose is to protect his own safety by a ssuring himself that the subject is not
armed with a concealed weapon. With the exception of a concealed weapon (or
evidence or contraband which resemb les a concealed weapon), nothing
discovered during a cursory search is admi ssible in the courts. The discovery of
evidence or contraband during a full search is admissible in the courts, but is, in
terms of your safety, obviously of less immediate importance than the discovery
of weapons. SEARCHES IN NON-ARREST SITUATIONS
These searches are carried out when you do not
have probable cause to arrest a
person but you do have reason to feel that he may be a threat to you. The
occasion for such a search may arise during any contact or stop you make.
Remember that in a cursory search you ar e limited to those areas of the subject's
person from which a weapon might be readily available.
It is important to point out that a curs ory search need not always be performed
formally
as described and pictured be low. Many times an informal or even
visual) cursory search will fully serve your to know whether a person constitutes a danger to you while you maintain the leve l of the contact w ithout escalating its
violence potential. Many persons have b ecome violent and resisted an officer
because a formal cursory search was c onducted in an inappropriate situation.
Do not be afraid to use conversation as a tool to help make your evaluation as to
whether the person is armed. Many officers have found that they care reassure
themselves about their safety with th e person with whom they are dealing by
asking the person if he has any concealed weapons, while at tame time patting the
person's coat and or trousers pockets in a seemingly informal and inoffensive
manner.
Above all, do not initiate a "formal" cursory search to "pun ish" a person or to
assert your authority merely
because you do not like his attitude or because he
has been verbally uncooperative. Such a technique inevitably and unnecessarily increases the likelihood of a vi olent confrontation, particul arly if the person to be
searched is in the company of his friends. As Departmental policy, you are
required to be able to articulate the reasons you conducted a cursory search to
justify it as proper police procedure.