Police Department Policy

UCSF_05.03.09_-_Search_and_Seizure_264552

UCSF PD

Policy Text
University of California, San Francisco Police Department General Orders Page 1 5.3 LEGAL PROCESS: CRIMINAL PROCESS 5.3.9 Search and Seizure (Revised: 2/6/25 ) It is UCSF Police Department policy that searches conducted by officers be consistent with the California Penal Code and applicable case law, be no more invasive than is reasonably necessary and be made with proper regard for the dignity of the individual, personal safety of the searching officer and preservation of evidence. A. No person shall be subjected to any stop, detention or search by a member of this agency when such a stop, detention or search is based solely and impermissibly on the person’s race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability or other protected status or upon the member’s perception of any person’s race, national origin, religion, gender identity or ex pression, housing status, sexual orientation, mental or physical disability or other protected status. B. Obtaining Search Warrants As a general rule, searches require a search warrant. Exceptions, when supported by valid probable cause, include Plain Vi ew, Consent Search, Probation Search, Parole Search, Incident to Arrest, Scene of the Crime, Exigent Circumstances, Movable Vehicle and Automobile Inventory (see Section D of this General Order for details). 1. Unless exigent circumstances exist, officers must obtain a warrant before entering or searching a house, building or secured vehicle and/or accessing an electronic device. Exceptions include: a. Search by voluntary consent b. Search incident to a lawful arrest c. Search in an emergency where probable cause exists and there is not time to obtain a warrant d. Inventorying vehicles being impounded. 2. To obtain a search warrant, officers will normally contact the San Francisco District Attorney's Office and request assistance from the on -call As sistant District Attorney in reviewing the search warrant. a. Search warrants are valid for ten days after being signed by the judge. C. Executing Search Warrants 1. In executing a search warrant, the following shall be utilized: a Control: Full responsib ility will be retained by a supervisor, who will make decisions on unusual circumstances and provide overall direction for the entry and search. b. Planning: An operation order and a diagram of the premises to be searched and immediate surrounding area wil l be prepared prior to executing the warrant. University of California, San Francisco Police Department General Orders 2 c. Coordination: The operation supervisor should brief all officers assigned to the search on their specific assignment, the purpose of the search, possible suspects and to whom to report. d. Uniformed Officers: Initial contact may be made by non -uniformed officers; however, uniformed officers should move in as soon as possible afterwards to effect the presence of authority. 2. If a search is to be conducted outside of UCSF Police Department jurisdiction , the local law enforcement agency shall be notified in advance. 3. Officers must knock and announce police authority and purpose before entering any building to arrest or search. 4. Officers shall secure the premise by conducting a preliminary search for persons and assembling them in one area. The search warrant must be announced at this time, prior to any search beyond that required for officer safety. 5. Officers shall advise those present of the nature of the warrant and secure the premise, not allowin g anyone to enter the area being searched, unless officer safety or safe search procedures requires it. Persons of interest will be detained until released from the premises. 6. Seizure and recording of property during a warrant search shall be done by two officers. Officers collecting property must prepare a receipt listing the items collected, in detail, and give it to the person from whom the property was taken or in whose possession it was found. In the absence of any person, officers shall leave a rece ipt in the place where the property was found. (PC § 1535) 7. A copy of the warrant must be left at the premises searched. The original search warrant, along with a list of items seized, will be returned to the issuing court judge or designee. 8. Outside agencies serving a search warrant in UCSF Police Department jurisdiction should notify the Department of its actions. a. Student records to be obtained under a search warrant should be processed in accordance with the Family Education Rights and p rivacy Acts (FERPA). Generally, a search warrant for student records will not be executed until after the eligible student whose records are the target of the search has been notified or a reasonable effort has been made to notify the eligible student and the eligible student has had an opportunity to respond. [CFR 99.31 (a) (9) (i & ii) (A) & (B)] EXCEPTIONS: (1) Federal grand jury subpoena or other subpoena issued for a law enforcement purpose if the court or other issuing agency ordering that the existe nce or the contents of the subpoena or the information furnished in response to the subpoena NOT BE DISCLOSED (2) ex parte order obtained by the U.S. Attorney General (or designee not lower than the Assistant Attorney General) concerning investigations or prosecutions of an act of terrorism or other specific offense. [CFR 99.31 (a) (9) (ii)] University of California, San Francisco Police Department General Orders 3 D. Searches Not Requiring a Warrant 1. Plain View Searches a

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.