Police Department Policy

iii-25-SearchOfPersons

St. Petersburg PD

Policy Text
Revisions or additions are highlighted 1 (07/21/2023) ST. PETERSBURG POLICE DEPARTMENT GENERAL ORDER Subject: SEARCH OF PERSONS Index as: Body Cavity Hand -Held Metal Detectors Search of Persons Consent Search Metal Detectors , Hand -Held Stop and Frisk Extraordinary Search Oral Cavity Search Strip Search Frisk Probable Cause Accreditation Standards: 1.2.4, 1.2.8 CFA 2.01 Cross Reference : G.O. III -01, Field Contacts G.O. III -10, Transportation and Booking of Prisoners §101.21, §901.211 and §901. 215, §984.13, F.S.S. Replaces : G.O.III -25, Sear ch of Persons ( August 28, 2017 ) This Order consist s of the following sections: I. Policy II. Definitions III. Frisk IV. Consent Search V. Search Incidental To Arrest VI. Extraordinary Searches VII. Search for an Indicator of Medical Disability VIII. Hand -held Metal Detectors (Wands) I. POLICY Recognizing the need for the safety of Officer s, citizens and suspects, and to detect and secure evidence of criminal activities, it is the policy of the St. Petersburg Police Department that Officer s will frisk or search individuals to the extent legally authorized. However, extraordinary searches are restricted as described in this order. II. DEFINITIONS A. Body C avity – All body cavities except the oral cavity. B. Consent S earch – A search where con sent is freely and voluntarily given. It is conducted within the scope of the consent as determined by the totality of the circumstances. C. Extraordina ry Search – A strip search, body cavity search, or an oral cavity search. D. Frisk – A pat down of a suspect ’s outer clothing. E. Gender – The state of being male , female , or nonbinary in relation to the social and cultural roles that are commonly associated with men and women. DATE OF ISSUE EFFECTIVE DATE NUMBER August 2017 Immediately III-25 Distribution: All Employees General Order III-25 Revisions or additions are highlighted 2 (07/21/2023) F. Gender Expression – External appearance of one's gender identity , usually expressed through behavior, clothing, body characteristics , or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or femini ne. Others perceive a person's gender through these attributes. G. Gender Identity – One's innermost concept of self as male, female, a blend of both , or neither – how individuals perceive themselves and what they call themselves. One's gender identity can be the same or different from their sex assigne d at birth. H. Probable C ause – A set of facts, information, circumstances, or conditions that would lead a reasonable person to believe that an offense has been committed, and that the accused committed the offense. I. Strip S earch – Having an arrested person remove or arrange some or al l of their clothing so as to permit a visual or manual inspection of the genitals, buttocks, anus and breasts (in the case of a female), or undergarments of such person. III. FRISK A. A frisk is limited to a pat down of a person’s outer clothing and may be conducted ONLY if an Officer reasonably believes or suspects that weapons are possessed by a person who is the subject of a valid Terry stop. A valid Terry stop of an individual does not automatically authorize a frisk of the individual. B. Any weapon(s) located during the frisk may be seized and the individual charged; if possession of the weapon(s) constitutes a violation. If the individual is arrested, a search incidental to the arres t may be conducted. C. While a bulge in a pocket or under a shirt may justify a frisk, if it is determined that the bulge is not a weapon, any further search would exceed the scope of a frisk. D. If, during a pat down, an Officer feels an object that can be immediately identified as contraband through the sense of touch and without manipulation (sliding or moving the item around with fingers), the item may be seized, and the individual charged under the concept of the “Plain Feel” exception. IV. CONSENT TO SEARCH A. A search of an individual may be conducted with the consent of the person to be searched. While it is not necessary to advise the person that they have a right to refuse consent, the courts will consider the failure to d o so when determining the voluntariness of the consent. B. The person giving the consent may limit the scope of the consent search and may withdraw the consent, verbally or by actions, at any time. C. The state has the burden of proving, by a preponderance of the evidence, that the consent was freely and voluntarily given, and not mere acquiescence to law enforcement. 1. In determining whether the consent was freely and voluntarily given, the courts will consider whether or not the person was adv ised that they had a right to refuse consent. 2. When the person giving the consent is a juvenile, the courts will also consider factors including, but not limited to, age, education level, maturity

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