Policy Text
San Francisco Police Department 5.03
GENERAL ORDER Rev. 09/ 18/24
Eff. 10/ 19/24
Page 1 of 5
Investigative Detentions
5.03.01 PURPOSE
This order establishes policies and procedures regarding investigative detentions.
5.03.02 POLICY
It is the policy of the San Francisco Police Department that everyone has the right to use the
public streets and public places so long as they do not engage in criminal activity. Factors
such as the person's race, color, ethnicity, national origin, religion, age, gender identity or
expression, sexual orientation, mental or physical disability, dress, disheveled or
impoverished appearance or socio -economic status do not justify even a brief detention, a
request for identification, or an order to move on, nor do general complaints from residents,
merchants, or others. (SEE DGO 5.17, Bias -Free Policing Policy )
A. Requests for Identification - The refusal or failure of a person to identify themself or
to produce identification upon request of a police officer cannot be the sole cause for
arrest or detention. A member may not threaten a person with arrest solely for refusing
to identify themself. However, refusal or failure of a person to identify themself after
being apprehended for an infraction or misdemeanor is grounds for custodial arrest
pursuant to DGO 5.06 Citation Release, DGO 9.01 Traffic Enforcement and Penal
Code§§ 853.S(a); 853.6 (i)(5).
B. Orders to Move On - Members do not have the authority to order persons to "move
on" absent probable cause to believe an offense has occurred, or absent articulable facts
requiring movement for public safety or victim/witness privacy. Also see DGO 5.07,
Rights of Onlookers.
5.03.03 DEFINITIONS
A. Consensual Encounters - A consensual encounter occurs when a reasonable person
would feel free to leave or to refuse to cooperate with the police, and no reasonable
suspicion is required on the part of the officer. Consensual encounters may elevate to a
detention based on the officer's actions that create a reasonable belief that the person is
no longer free to leave. A detention does not occur when a police officer merely
approaches an individual on the street and asks a few questions.
DGO 5.03
Rev. 09/ 18/24
Eff. 10/ 19/24
Page 2 of 5
B. Detention - A detention is a seizure of a person by an officer that results from
submission to unequivocal verbal commands, physical restraint, and/or words or
conduct by an officer resulting in a reasonable person believing that they are not free to
leave or otherwise disregard the officer.
C. Objective Reasonableness - Reasonable suspicion to detain or pat search are based on
an objective analysis of the totality of the circumstances known at the time of the
detention or pat search, including observations, training and experience, and information
from eyewitnesses, victims and/or other members.
D. Reasonable Suspicion to Detain - Reasonable suspicion is a set of specific facts that
would lead a reasonable person to believe that a crime is, was, or is about to occur and
the person under suspicion is reasonably connected to the crime. Reasonable suspicion
to detain is also established whenever there is any violation of law. Reasonable
suspicion cannot be based solely on a hunch or instinct.
E. Reasonable Suspicion to Conduct a Pat Search - A pat search allows officers to
safely pursue their investigation without fear of violence, not to discover evidence of a
crime. Two conditions must be met before a pat search is permitted:
1. The underlying detention must be legal.
2. The officer must be able to point to specific and articulable facts causing them to
believe the suspect is armed and dangerous. The validity of a pat search depends on
the totality of the circumstances and turns on whether a reasonably prudent officer
would be warranted in the belief that the officer's safety, or that of others, was in
danger.
F. De Facto Arrest - A de facto arrest occurs when an officer takes unreasonable or
unnecessary actions during an investigative detention. A lawful temporary detention
may become an unlawful de facto arrest in violation of the Fourth Amendment,
making the detention unlawful. The following combination of factors may elevate an
investigative detention into a de facto arrest: an unreasonably lengthy detention, the
use of restraints without officer safety justification, the use of force beyond what is
necessary to effect the detention, and the transportation of a detainee without valid
consent.
G. Probable Cause to Arrest - Probable cause to arrest is a set of specific facts that would
lead a reasonable person to objectively believe and strongly suspect that a crime