 |
The University of North Carolina at Greensboro Police Department |
|
| General Order 2-3.2 | Search and Seizure | |
- Investigative Detentions
Officers shall conduct an investigative detention based upon reasonable suspicion that the person detained has committed, is committing, or is about to commit a crime. Officers shall not prolong the investigative detention beyond the period necessary to accomplish the purpose of the detention. Officers shall be aware that prolonging an investigative detention unnecessarily may cause a court to view the detention as an unlawful seizure if probable cause does not exist for an arrest. Officers shall take precautionary measures for their own safety during an investigative detention, including display of firearms or handcuffing the detainee. Officers shall be aware that unnecessary or prolonged display of firearms, handcuffing, and so on during the investigative detention may cause a court to view the detention as an actual arrest.
Officers who reasonably believe that a person under investigative detention may pose a threat to their safety shall conduct a frisk or pat-down search of the detainees clothing for weapons. Officers shall not conduct any further search of an investigative detainee unless and until it appears that there is probable cause for the arrest. If during the investigative detention, it becomes apparent that there is probable cause to believe that the detainee has committed a criminal offense, the detainee shall then be placed under arrest, and the procedures for arrest set forth in this policy, including the procedures for a search incident to an arrest, shall then be followed by the arresting officers. - Search and Seizure Authority
The Fourth Amendment guarantees protection against unreasonable searches and seizures. The Supreme Court is constantly interpreting the Fourth Amendment as it applies to police conduct. Illegally seized items of evidence will not be admitted in court, may cause a lost criminal case, and may invite civil suits under the Civil Rights Act. An inventory for items seized should be completed any time that officers seize property through a search. A copy of the inventory should be made available in a reasonable amount of time to the owner of the premises or vehicle searched, the person in apparent control of premises or vehicle searched, or the person from whom the items were taken.
To ensure that Fourth Amendment rights are protected, officers will obtain search warrants upon probable cause in all appropriate criminal cases except the following:- Consent Searches The consent must be voluntarily given by someone who has the authority to relinquish their right. If consent is voluntarily given, the officer will obtain a signed Permission to Search form before conducting the search. A "Permission to Search" form is not necessary when the officer asks for and receives verbal consent during a traffic stop when the consent is recorded on a properly functioning in-car video recording system or when a second officer is able to witness that consent has been given. Verbal consent must be documented on the officer's Vehicle Stop Report and any subsequent incident or arrest report, including the names of officers witnessing the non-video consent. Consent may be withdrawn at any time, in which case the search must be discontinued unless probable cause has been established and exigent circumstances exist. Under those circumstances, consent is not necessary to continue the search. In all other cases, normal rules regarding the need for a search warrant will be followed.
- Stop and Frisk An officer may frisk a person when they are confronting the person for a legitimate reason, and they have a reasonable suspicion that the person is armed and presents a threat to their safety or the safety of others. A frisk is not an extensive full search of the type permitted during a search incident to an arrest. During the pat-down, the officer may search an area more thoroughly if they believe that a weapon is located in a particular place on a person's body.
- Vehicle Search (Movable Vehicle Exception) Rulings of the United States Supreme Court and the North Carolina Supreme Court provide that when officers have probable cause to search a vehicle for evidence of a crime and the vehicle is in a public place (that is, a place where the defendant does not have a reasonable expectation of privacy), they may seize the vehicle (whether moving or parked) without a search warrant. And the officers then may search it without a search warrant at the place where they seized it or may bring it to a law enforcement facility or other place and search it there without a warrant.
- Crime Scene Officers may enter a home without a warrant as necessary to save life, to prevent injury, or to protect property. When a crime, such as an assault or homicide, may have occurred in a home, officers may enter without a warrant to determine the victim's condition and to call for appropriate medical assistance. Officers may also search the home without a warrant to determine whether there are other victims or suspects there. While undertaking these actions, they may seize any evidence of a crime they see in plain view. Further, if evidence may dissipate or be destroyed while a search warrant is being sought, a warrantless search or seizure of that evidence is permissible.
- Exigent Circumstances An emergency must exist, the primary motive must be to protect property or people, and the area searched must be associated with the emergency.
- Inventory Searches of Vehicles Impounded vehicles will be inventoried of all property in all areas of the vehicle that are in plain view or in unlocked containers.
- Plain View The officer must be in a place which they are legally permitted to be when the evidence is seen. The officer must have a lawful right of access to the evidence when they seize it. The evidence must have been in the officer's plain view and must have been immediately apparent as fruits of a crime, contraband, instrumentality, or evidence.
- Abandoned Property All property to which the owner has relinquished all right, title, claim, and possession, with intention of not reclaiming it or resuming its ownership, possession, or enjoyment.
- Found Property All property found and without an apparent owner nearby may be searched in order to identify an owner and to inventory the items to be turned in as found property to the department's evidence custodian.
- Incident to Arrest Only that area within the immediate control of the person may be searched. Vehicle searches incident to arrest require that if an officer makes an arrest and it is reasonable to believe that evidence related to the crime of arrest could be found in the passenger compartment or trunk, it can be searched incident to arrest.
- Strip and Body Cavity Searches
When an officer has lawfully and briefly detained an individual and the officer has articulable suspicion that the officer's safety may be in jeopardy, the officer may conduct a pat down search of the suspect as defined in section above. This search is of the exterior clothing of the suspect. If weapons or contraband are discovered, they can be seized. When a suspect is in custody, the officer can search the entire body, except body cavities, including clothing and inside pockets.
Although highly intrusive, strip and body cavity searches may sometimes be necessary to protect the safety of officers, civilians, and other prisoners and to detect and seize evidence of a crime. Such searches shall be conducted only with proper legal authority and justification and in accordance with department policy and procedures, and are applicable to any individual in custody, no matter their age.
An officer must obtain a search warrant for a body cavity search unless exigent circumstances make it impractical to obtain a warrant. Examples of such exigent circumstances include: the evidence would be destroyed or would dissipate while the officer sought a warrant or failure to immediately obtain the evidence would present a serious threat to the safety of any one of the persons involved in the search or arrest.
A Strip Search shall be defined as any search of an individual requiring the removal of all clothing to permit the visual inspection of skin surfaces including genital areas. An officer must have probable cause to believe that an individual is concealing contraband or weapons. Strip searches must be authorized by a supervisor and may be conducted only by sworn personnel of the same gender as the person being searched and under conditions that provide privacy from all but those authorized to conduct the search.
A Body Cavity Search shall be defined as any search involving not only visual inspection of skin surfaces, but also the internal physical examination of body cavities. Should visual examination of a suspect during a strip search and/or other information lead an officer to believe that the subject is concealing a weapon, evidence, or contraband within a body cavity the following procedures shall be followed:- Body cavity searches shall be performed pursuant to a search warrant or consent of the person being searched.
- Body cavity searches shall be performed only by a qualified physician or other medically trained personnel directed by a physician.
- An officer of the same gender as the person being searched will be present when the search is conducted; or in cases involving trans-gender, gender-variant or non-binary individuals, the gender preference requested by the individual to be searched.
- Body cavity searches shall be performed with due recognition and regard for privacy and hygiene concerns.
- The authorized medical personnel conducting the search shall furnish a copy of their report to the officer serving the search warrant.