18.1 Search and Seizure in General

Centreville Police Department Title: Search and Seizure in General Directive #: 18.1 Issued: 10.1.2016 Revised: 10.1.2016 Approved by: Charles M. Rhodes, Jr.

Chief of Police A. Purpose To provide officers with a brief overview of constitutional requirements for search and seizure.

B. Policy Officers will conduct all searches while following constitutional and statutory requirements.

C. Procedures

1. Introduction

a. Due to the dynamic nature of the subject, this directive is not intended to provide in-depth information on search and seizure law.

b. Officers should contact the State’s Attorney’s Office for guidance on any search-related questions.

2. Constitutional Protections

a. The Fourth Amendment of the US Constitution states that “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.” b. Although the Fourth Amendment technically applies only to federal law enforcement officers, the Due

Process Clause of the Fourteenth Amendment "incorporated" most of the important elements of the Bill of Rights and made them applicable to the states.

c. To remain within the requirements of the Constitution, an officer must always consider the reasonableness and legal justification of any search and, when seeking a warrant, the accurate descriptions of the place to be searched and the places and things to be seized. .

Page 1 of 3 d. Under the exclusionary rule, evidence obtained during an unreasonable search and seizure generally cannot be used in a criminal trial.

3. Probable Cause

a. Probable cause must exist to justify any search.

b. Probable cause means that, when viewed in the totality of the circumstances, “there is a fair probability that contraband or evidence of a crime will be found in a specified place.” c. Searches may be conducted pursuant to the authority of a search warrant, upon receipt of proper consent, or in conjunction with the various exceptions to the warrant requirements, (e.g., incident to arrest, vehicle searches, stop and frisk, abandoned property).

d. The Supreme Court has ruled that, barring these specific exceptions, all searches without a warrant are unreasonable. Each exception to the warrant requirement imposes its own unique set of guidelines which must be followed.

e. The following exceptions to the warrant requirement are recognized by the Supreme Court; detailed information may be found by clicking on the case name.

(1) CONSENT:

• an officer may conduct a search with the consent of a person who has the authority to give

consent and who knowingly, intelligently and voluntarily consents to the search without threats or promises of any kind.

(2) EXIGENT CIRCUMSTANCES:

• an officer does not need to obtain a warrant prior to entering a location if he believes that

his entry is necessary to save a life.

(3) FRESH PURSUIT:

• an officer may enter a location if he is in pursuit of a suspect.

(4) MOTOR VEHICLES:

• an officer may search any parts of a vehicle that he has probable cause to believe contains

contraband, controlled substances or criminal evidence.

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(5) PLAIN VIEW:

• a warrant is generally not required if the items that is seized is within plain view of the

officer.

(6) SEARCH INCIDENT TO LAWFUL ARREST:

• an officer may search a person he has arrested and may search the vehicle the vehicle the

person occupied in certain circumstances.

(7) STOP & FRISK:

• a warrant is not required for an officer to stop a person perform a check for weapons if the

officer has reasonable suspicion that the person has committed, is committing or is about to commit a crime and that the person may be armed and dangerous.

4. Search Warrants

The specific requirements for search warrants are located in OPS 16.02.

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