Policy Text
1 (04/2 8/2016) ST. PETERSBURG POLICE DEPARTMENT
GENERAL ORDER
Subject: WARRANTLESS ENTRIES AND SEARCHES
Index as: Abandonment of Building Exceptions to Warrant Requirement Probable Cause
Consent Exigent Circumstances Protective Sweeps
Controlled Drug Buys Flight or Escape Risk Search Incident to Arrest
Destruction of Evidence Hot Pursuit Search Warrant Exceptions
Entry with a Warrant Inventory Searches, Warrantless
Entry w ithout a Warrant Plain View Warrantless Entries and Searches
Accreditation Standards: 1.2.4, 1.2.5
Cross Reference: G.O. III -9, Towing and Impounding Vehicles
I.O. V.6:3, Warrantless Felony Arrests
Florida Constitution, Article 1, Section 11
§901.19 and §933.09, F.S.S.
U.S. Constitution, Fourth Amendment
Replaces : I.O. V.6:4, Warrantless Entries and Searches (February 9, 2001)
This Order establishes guidelines for warrantless entries into a residence or other buildings, and for conducting searches
of structures, vehicles, vessels and persons. It consists of the following sections:
I. Policy
II. Constitutional and Statutory Provisions
III. Entry With a Warrant
IV. Entry Without a Warrant
V. Exceptions to the Search Warrant Requirement
VI. Motor Vehicles and Vessels
VII. After the Entry/Arrest; Scope of the Search
I. POLICY
Absent the recognized exceptions explained in this Order, it is the policy of the St. Petersburg Police Department that
Officers shall comply with the requirements of the Fourth Amendment to the U.S. Constitution; Article 1, Section 12 of the
Florida Constitution, and Florida’s Knoc k and Announce Statutes ( §901.1 9 and §933.09 , F.S.S. ), when entering any
building, motor vehicle, or vessel for the purpose of making an arrest or conducting a search or investigation.
II. CONSTITUTIONAL AND STATUTORY PROVISIONS
A. The Fourth Amendment to the U.S. Constitution provides t hat:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause,
supported by oath or affirmation, and particularly describing the place to be searched and the persons or
things to be seized.”
DATE OF
ISSUE EFFECTIVE DATE NUMBER
April 2016 Immediately V.6:4
Distribution: All Employees
Instructional Order V.6:4
2 (04/2 8/2016 ) B. Article 1, Section 12 of the Florida Constitution provides, in pertinent part, that:
“The right of the people to be secure in their persons, houses, papers and effects against unreasonable
searches and seizures, and against the unreasonable interception of private communications by any
means, shall not be violated. No warrant shall be issued except upon probable cause, supported by
affidavit, particularly describing the place or places to be searched, the person or persons, thing or things
to be seized, the communication to be intercepted, and the nature of evidence to be obtained.”
C. Both the U.S. Constitution and the Florida Constitution protect only against unreasonable searches and seizures ,
and in the case of the Florida Constitution, unreasonable interception of private communications as well.
D. Section s §901.19(1) and §933.09 , F.S .S., provide that an Officer may not use force to enter any building, with or
without a warrant , unless admittance is refused or denied, after first announcing the Officer’s authority and purpose .
IIV. ENTRY WITH A WARRANT
A. Generally, entry into a building (provided Officers have complied with the “knock and announce” provisions of
Florida law), motor vehicle or vessel, pursuant to a warrant, will be deemed reasonable.
B. For buildings, failure to comply with the “knock and ann ounce” requirement must be supported by one or more of
the exceptions set forth in this Order .
IV. ENTRY WITHOUT A WARRANT
A. Generally, entry into any building without a warrant or without compliance with “knock and announce” provisions
will be viewed as unreasonable.
B. However, the courts have established certain recognized exceptions that apply to both the warrant and “knock
and announce” requirements. Under these narrowly drawn exceptions Officers are permitted to enter buildings and
conduct limited sear ches.
C. Motor vehicles and vessels are not subject to the “knock and announce” requirement .
V. EXCEPTIONS TO THE SEARCH WARRANT REQUIREMENT
A. Consent
1. Consent to enter a building has been long recognized as an exception to both the warrant and “knock and
announce” requirement.
a. When an entry or search is based on consent, the state will have the burden of proving the consent was
freely and voluntarily given.
b. During a consensual encounter or a valid Terry stop, consent must be proven by a preponderance of the
evidence.
c. If the consent was obtained after illegal police action (a bad stop), the state must prove the consent by
clear and convincing evidence, a significantly higher standard (State v. Gainey , 688 So.2d 997 [Fla. 2nd DCA 1997]) .
2. Consent may be limited in scope or duration.
a. Consent may be withdrawn at any