go-72.pdf

\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT GENERAL ORDERS SUBJECT Search and Seizure CHIEF OF POLICE Signature on file Proudly Policing Since 1826 Nationally Accredited 1986 NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES 72 04/20/2000 06/11/2025 18 AUTHORITY/RELATED REFERENCES Amendment IV, United States Constitution FS Chapter 901, Arrests General Order 6, Arrests and Alternatives to Arrest General Order 18, Criminal Investigations General Order 49, Seizures and Forfeitures General Order 64, Vehicle Impounding General Order 87, Investigative Operations and Search Warrant Procedures ACCREDITATION REFERENCES CALEA Chapters 1, 74, 82 CFA Chapter 2 KEY WORD INDEX Body Cavity Searches Procedure XIII Consent Searches Procedure III Crime Scene Searches Procedure IX Exigent Circumstances Searches Procedure VIII Fresh Pursuit Entry and Seizures Procedure XIV General Guidelines Procedure I Plain View Seizures Procedure IV Protective Sweeps Procedure VII Search Incident to Arrest Procedure VI Stop and Frisk Procedure V Strip Search es Procedure XI Traffic Stop Search Documentation Procedure II Use of X-Rays Procedure XII Vehicle Searches Procedure X\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT POLICY Officers shall comply with the provisions of the United States Constitution, Florida Statutes and law, and Department policy in every aspect governing search and seizure to ensure a citizen’s right to be free from unreasonable searches and seizures is upheld. DEFINITIONS 911 Investigation: When a 911 emergency telephone call is received by the CDA and the circumstances of the call and the observations of officers on scene do not promptly reveal the nature of the incident precipitating the call, requiring further assessment by officers. Biased Policing: The selection of individuals for enforcement action based in whole or in part on a trait common to a group, without actionable intelligence to support consideration of that trait. This includes, but is not limited to race, ethnic background, gender or gender identification, sexual orientation, religion, economic status, age, cultural group, or other identifiable characteristics. Body Cavity Search: An internal physical examination of body cavities, specifically excluding the mouth. Exigent Circumstances: Circumstances causing an officer to reasonably believe prompt law enforcement action is necessary to render aid to an injured person or prevent physical harm to the officer or another person, the destruction of relevant evidence, or an escape of a suspect. Fresh Pursuit: When an officer is engaged in an immediate attempt to detain or arrest a known suspect and the officer is in such close proximity to the suspect apprehension is likely. Gender: The state of being male or female in relation to the social and cultural roles that are considered appropriate for men and women. 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 feminine. Others perceive a person's gender through these attributes. 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 assigned at birth. GENERAL ORDER 72 PAGE 2 of 18 SEARCH AND SEIZURE JUNE 11, 2025\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT Protective Frisk: A pat-down or external manipulation of the outer garments of an individual solely for the detection of weapons based upon articulatable concern the individual is armed and dangerous. Protective Sweep: A protective search of an entire structure, dwelling or other location conducted solely to locate persons who pose a threat to officers who are inside or in close proximity to the structure, dwelling or other location. Probable Cause (to Search): Facts and circumstances which lead a reasonably prudent officer, based on their training and experience, to believe the items sought are subject to seizure due to their connection with criminal activity and those items will be found in the place to be searched. Reasonable Suspicion: Articulable facts and circumstances which would lead a reasonably prudent officer, based upon their training and experience, to suspect a particular person has committed, is committing, or is about to commit a crime. Shall: Indicates the described action is mandatory. Should: Indicates the described action is not mandatory, but preferred. Stop: A temporary investigative detention of an individual based upon reasonable suspicion. Strip Search: Any search of a person requiring the removal or rearrangement of some or all clothing to permit the visual or manual inspection of the genitals, buttocks, anus, female breasts, or undergarments of the person. Transgender: A term used to refer to a person who was born with the genetic traits and anatomy of one gender and self-identifies as another gender. A transgender person may be pre-operative, post-operative or non-operative. PROCEDURES I. GENERAL GUIDELINES A. Officers shall adhere to all legal and procedural mandates pertaining to the right of people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures. This right shall govern all decisions regarding searches and seizures. B. Officers faced with a search or seizure question, and not clearly knowing the appropriate course of action, shall seek the guidance and direction of their immediate supervisor. GENERAL ORDER 72 PAGE 3 of 18 SEARCH AND SEIZURE JUNE 11, 2025\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT C. Supervisors faced with a search or seizure question, and not clearly knowing the appropriate course of action, shall seek the guidance and direction of their immediate supervisor or, if more appropriate, the Department’s Legal Advisor. D. In the course of their official duties, officers will have many consensual encounters with citizens. Officers shall be mindful that consensual encounters are voluntary in nature, involve no coercion, detention, response to resistance or directing/controlling language or behaviors by the officer. E. Officers shall not conduct any searches or seizures based on biased policing. F. The protocols for obtaining and serving a search warrant are outlined in General Order 87 (Investigative Operations and Search Warrant Procedures). G. The protocols for conducting a vehicle inventory, which is not considered a search, are outlined in General Order 64 (Vehicle Impounding). H. If a Computer Assisted Dispatch (CAD) report is the method of documentation, the primary officer or Community Service Technician (CST) is responsible for entering each involved person, vehicle, or article from the incident into the appropriate box in the CAD. Additionally, the primary officer is responsible for the disposition code and any designation supplemental suffix code designed to track demographic data, search, and other information. II. TRAFFIC STOP SEARCH DOCUMENTATION A. Officers shall annotate all searches conducted during a traffic stop using the appropriate search code via the: 1. Computer-Aided Dispatch (CAD) System, or 2. Appropriate radio channel/talk group. B. The officer conducting a traffic stop in which a search has occurred shall ensure an offense or incident report is completed providing details of the search when any of the following circumstances exist as a result of the search: 1. A citizen complaint is likely to occur, GENERAL ORDER 72 PAGE 4 of 18 SEARCH AND SEIZURE JUNE 11, 2025\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT 2. The vehicle or other property is damaged, 3. Any suspected contraband or evidence is located, or 4. Any vehicle occupant is arrested. III. CONSENT SEARCHES A. The general prohibition against warra