Policy Text
Page 1 of 23 General Order 01 -06 (07/07 /23)
SEARCH AND SEIZURE
RICHM OND POLICE DEPA RTMENT
GEN ERAL ORDER
Subject: SEA RCH AND SEIZURE Chapter
1 Number
6 # Pages
21
CALEA Standards: 1.2.4, 1.2.5, 1.2.8a, 1.2.8b, 1.2.8c, 1.2.8d
VA State Codes: §9.1-101, 15.2 -1722.1, 19.2-54, 19.2 -
56, 19.2 -59.1(H)
City Code: § 18-39 Related Orders: 7-6, 8-7, EO
20-16 Effective Date: 07/07 /2023
Revised By: Review
Prv. Rev. Date: 08/13/2021
Chief of Police:
I. PURPOSE
The purpose of this directive is to establish the po licy and p rocedure for search and
seizure of a person, place or thing. This directive also contains guidelines for the
compl etion of the A ffidavit for a Search Warrant.
II. SUMMARY OF CHANGE
This revision define s whom a copy of the se arch warrant and affidavit will be given to
when a place is to be searched. The definition of a C omplete Search has been added.
The procedures an officer should follow when conducting a search of the same sex,
and the reporter numb ers for case la w has been added to the policy. New changes
are bold and italicized throughout the text.
III. POLICY
It is the policy of the Richmond Police Department to establish guidelines for lawful
search and seizures as set forth by local, state and federal laws. The Fourth Amendment
to the United States Constitution guarantees every citizen the right to be secure in
their persons, houses, papers, and effects against unreasonable searches and seizures.
Officers shall scrupulously observe these constitutional guidelines when conducting
searches and should always remain mindful of their lawful purpose.
IV. ACCO UNTABILITY STATEME NT
All employees are expected to fully comply with the guidelines and timelines set forth
in this general order. Failure to comply will result in appropriate corrective action.
Responsibi lity rests with the Division Comm ander to ensure that any violations of
policy are invest igated and appropriate training, couns eling and/or disciplin ary action is
initiated.
This directive is for internal use only, and does not enlarge an employee’s civil
liability in any way. It should not be constru ed as the creation of a higher standard of
Page 2 of 23 General Order 01-06 (07/07/23)
SEARCH AND SEIZURE
safety or care in an evidentiary sen se, with re spect to third p arty c laims. Violation of
this direc tive, if proven, can only form the b asis of a complaint by this dep artment,
and then on ly in a no n-judicial administrative setting.
V. DEFINITION
A. – A web-b ased case management criminal inte lligence
and d econfliction syste m.
B. TRACKING DEVICE – An electronic or mechanical d evice that p ermits a p erson
to remotely d etermine or track the position or mov ement of a p erson or objec t;
which includes d evices that store geograph ic data for subsequent access or analysis
and d evices that allow for the real-time monitoring of movement.
VI. PROCED URE
A. Searches w ith a Sea rch Warrant: [CALEA 1.2.4, 1.2.5]
1. To obtain a sea rch warrant, a police officer m ust provide the magistra te or
judge with an a ffidavit th at w ill allow the magistrate or judge to determine
the persuasivenes s of the facts relied on to show p robable cause. Dep artment
member s shall use the Co mmonwea lth of V irginia affidavit for search warrants.
(Form DC- 338 [ 07/12])
2. The search warrant shall:
a) Name the affiant;
b) Recite the of fense in relation to which the sea rch is to be m ade;
c) Name or des cribe in detail the p erson, place or thing to be searched (a
warran t directed agai nst a mu ltiple-occupancy stru cture must des cribe
a particular sub-unit or spec ify the n ame o f the o ccupant);
d) Describe the property or p erson to be sea rched for;
e) Describe or sta te the facts that estab lish probab le cause;
f) Contain the date and time it was issued; and,
g) State the reliability of the informa tion and how it was obtained.
3. All a ffidavits shall be reviewed by a supervi sor, preferably t he police
officer’s immediate supervi sor prior to applyi ng for the sea rch warrant. The
reviewing supervi sor is re quired to sign (signatu re and code numbe r) and date
a copy of the affidavit before the o fficer takes the affidavit to the