RM 526.0120 - Search Manual Redacted

1 OF 19SACRAMENTO POLICE DEPARTMENT SEARCH MANUAL RM 526.01 SACRAMENTO POLICE DEPARTMENT REFERENCE MANUAL 2 OF 19 Revised 03-07 SEARCH MANUAL Department General Order 526.01 implements this manual and requires that all officers know its contents, follow its guidelines, and use it as the primary reference for all types of searches. This policy statement is an expansion of that found in the General Order. Search and seizures of people and property shall be conducted in a manner consistent with federal and state laws and this manual. Examples of lawful searches and seizures include, but are not limited to, consent searches, probation/parole searches, searches incident to arrest, searches based upon emergency or exigent circumstances, search warrants, searches based upon the mobility of the item being searched, and search and seizure of abandoned or lost property. When planning or conducting searches or seizures, the safety of officers, citizens, and suspects shall be of primary consideration. A manual of this kind cannot address all of the issues associated with the topic of searches. This manual shall, however, serve as the primary reference for all searches. The foundation of a professional and lawful entry, search, or seizure is that the correct person or property is the subject of the entry, search, or seizure. Officers shall verify and confirm the authority for the search, as well as the location of the search, as required in this manual. Supervisors shall ensure that officers follow the verification and confirmation requirements in this manual. Needless damage and/or destruction of property is unprofessional, illegal, and counterproductive. Supervisors shall assure that it is never done. Proper documentation of evidence seized is a legal requirement and an essential element of court presentation. Because an otherwise successful effort can be destroyed without proper documentation, it shall always be an element of planning. Officers attach a special relationship to themselves and the Department when they take control of property while conducting searches. Officers have a legal obligation to render that property reasonably secure from intrusion or leave it in the custody of a responsible party who can exercise reasonable control of it. Officers shall park, lock, or store vehicles according to the guidelines of this manual. Officers shall lock or secure structures, or turn them over to responsible persons according to the guidelines of this manual. Officers shall report, through the chain of command to the Chief of Police, any discrepancies or conflicts they discover between the contents of this manual and current law or police procedure. __________________________________ Albert Nájera Chief of Police SACRAMENTO POLICE DEPARTMENT SEARCH MANUAL TABLE OF CONTENTS 3 OF 19TABLE OF CONTENTS INTRODUCTION Page 2 VERIFICATION Page 3 PLANNING Page 5 SEARCH TECHNIQUES Page 9 PAROLE/PROBATION SEACHES Page 13 SEARCH WARRANT SEARCHES Page 15 STRIP SEARCHES Page 16 SACRAMENTO POLICE DEPARTMENT SEARCH MANUAL INTRODUCTION 4 OF 19INTRODUCTION A. DEFINITIONS 1. PLANNED SEARCH: A search incident to probation, parole, and/or a search warrant, where there is sufficient time to plan, prepare, and execute the search. This includes searches of people and property (e.g. structures, cars, personal items) under their control. 2. FIELD SEARCH: A search that develops as a result of self initiated activity (e.g. vehicle stops, pedestrian stops, surveillance, knock and talk), calls for service, other situations that develop rapidly, and situations where it is impractical to comply with the planning requirements in this manual. These searches can be incident to probation, parole, and/or exigent circumstances. Generally, there is not enough time to plan or prepare for these searches and/or it is impractical to do so. 3. STRUCTURE SEARCH: A search of a residence, business, or place of dwelling. B. GENERAL 1. Evidence found during searches is often important to the conviction of suspects. In many instances, the case itself may depend on the legality of the search or seizure. A search manual of this kind could never cover all of the legal issues for each and every type of search/seizure situation, nor can it cover every decision an officer may be required to make regarding a search or seizure. Officers are encouraged to read and refer to the California Peace Officer Legal Source Book, which is available via computer throughout the Department. 2. Searches and seizures of property must be conducted in a safe and systematic manner. Proper planning should be done whenever possible to ensure the proper person or property is being searched and that Department resources are being used efficiently and effectively. C. SEARCHES 1. This manual covers the following aspects of any search: a. Verificationb. Planning (1) Personnel needs(2) Equipment needs(3) Game Plans and Operational Outlines(4) Briefings/Staging areas(5) Entry/Perimeter Teams c. Methods for searching (1) Securing persons (2) Techniques for searching buildings, vehicles and open areas d. Methods for concluding a search (1) Summary inventory(2) Security of property 2. This manual provides additional information for the following types of searches: a. Probation/Parole Searchesb. Search Warrants c. Strip searches SACRAMENTO POLICE DEPARTMENT SEARCH MANUAL VERIFICATION 6 OF 19D. SUPERVISOR RESPONSIBILITIES 1. Supervisors shall: a. verify who is the officer(s) in charge of the search. b. review all reports that document: (1) how and why the identity of