Policy Text
Page 1 of 9 3/12 (Rev 05/20)
Detentions, Arrests, Search , Seizure , and Immigration Enforcement
It is the policy of the Sacramento County Sheriff’s Office that all detentions and arrests
made by members of the Sheriff’s Office shall be conducted professionally and in
accordance with the United States Constitution, the Constitution of the State of
California and applicable California statutes. Case law regarding search and seizure is
ever changing and frequently subject to interpretation under the varying facts of each
situation. This policy is intended to provide a few of the basic guidelines that may assist
a deputy in evaluating search and seizure issues. Specific situations should be handled
acco rding to cu rrent training and a deputy’s familiarity with clearly established case law.
I. Racial or Identity Profiling
Penal Code § 13519.4(e) describes racial or identity profiling as “is the consideration of,
or reliance on, to any degree, actual or perceived race, color, ethnicity, national origin,
age, religion, gender identity or expression, sexual orientation, or mental or physical
disability in deciding which persons to subject to a stop or in deciding upon the scope or
substance of law enforcement activities f ollowing a stop , except that an officer may
consider or rely on characteristics listed in a specific suspect description .”
The practice of racial and identity profiling is illegal and will not be tole rated by th e
Sheriff’s Office .
It is the responsibility of every member of th e Sheriff’s Office to prevent,
report , and respond appropriately to dispel discriminatory or biased
practices.
Every member of t he Sheriff’s Office engaging in a nonconsensual
detention shall articulate sufficient reaso nable suspicion to justify the
detention , independent of the individual’s membership in a protected
class.
1. To the extent that written documentation woul d otherwise be
completed (e.g., arrest report, F.I. card, etc.), the involved deputy
shall include th ose facts giving rise to the deputy’s reasonable
suspicion or probable cause for the contact.
2. Nothing in this policy shall require any deputy to prepare
documentation of a contact that would not otherwise involve such
reporting.
Page 2 of 9 3/12 (Rev 05/20) 3. While the practice of rac ial and identity profiling is strictly prohibited,
it is recognized that race or ethnicity may be legitimately considered
by a deputy in combination with other legitimate factors to establish
reasonable suspicion or probable cause (e.g., suspect descriptio n
is limited to a specific race or group).
II. Immigration Enforcement
The U.S. Department of Homeland Security, Immigration and Customs Enforcement
Agency (ICE) , has primary responsibility to investigate and enforce Federal immigration
laws. Sacramento County Sheriff’s personnel may assist ICE in the enforcement of
Federal immigration laws and in situations where ICE initiated investigations have led to
or may le ad to the discovery of criminal violations of California law. Assistance to ICE
will also be provided in response to officer safety issues or emergency requests for
immediate assistance.
A Sacramento County Sheriff’s Office employee’ s suspicion about a p erson’s
immigration status shall not be used as a basis to initiate contact, detain, or arrest that
person unless such status is reasonably relevant to the investigation of a crime, such
as, but not limited to, trafficking, smuggling, harboring, and terror ism.
III. Detentions
Detentions shall be based on reasonable suspicion in a manner prescribed by law.
Detentions shall be based upon reasonable suspicion developed from
specific articulable facts which, when considered with objective and
reasonable inferences, form a basis for particularized suspicion that
criminal activity has occurred or is about to take place , and the person to
be detained is associated with the crime.
1. Broad profiles which cast suspicion on entire categories of people
without in dividualized suspicion of the particular person to be
detained shall not provide the basis for a detention .
IV. Arrests
Officers may arrest a person under the following conditions:
1. When the officer has a warrant, or knowledge of a warrant,
commanding that su ch person be arrested .
2. When any crime (felony or misdemeanor) has been, or is being
committed, by such person in the officer's presence.
3. When an officer has probable cause to believe that a felony was
committed and that the person to be arrested committed that
felony , regardless whether the offense was or was not committed in
the officer’s presence .
Page 3 of 9 3/12 (Rev 05/20)
a. “Probable cause” exists when the totality of the
circumstances would lead a person of ordinary care and
prudence to entertain an honest and strong suspicion that
the person to be arrested is guilty of a crime.
4. Arrests for misdemeanors may also be made when probable cause
exists and statutory authority allows.
V. Arrests /Detentions of Persons who are Deaf or Hard of Hearing
Under the Americans with Disabilities Act (ADA), people who are deaf or
hard of hearing are entitled to the same services law enforcement
provides to anyone else. They may not be excluded or segregated from
services, be denied services, or otherw ise be treated differently than other
people.
Officers must provide the communication aids and services needed to
communicate effectively with people who are deaf or hard of hearing,
except when a particular aid or service would result in an undue burde n or