18.6 Vehicle Searches

Centreville Police Department Title: Vehicle Searches Directive #: 18.6 Issued: 10.1.2016 Revised: 10.1.2016 Approved by: Charles M. Rhodes, Jr.

Chief of Police A. Policy Officers will search vehicles in compliance with the law and this directive.

B. Procedures

1. Search of a Vehicles Incident to an Occupant’s Arrest

a. A search of a vehicle may be conducted incident to the arrest of one or more of the vehicle’s occupants if the:

(1) suspect is not handcuffed and is within the reaching distance of the vehicle; or

(2) officer has reason to believe there is evidence in the car which relates to the offense for which the

suspect was just arrested.

b. A search incident to the arrest of an occupant may include the person arrested, the passenger compartment of the vehicle and any packages, containers and property, either opened or closed, contained therein.

c. An officer may request assistance to secure the suspect at the scene or reasonably close to the scene while he conducts the search.

d. Locked containers should not be searched without a warrant.

e. In order for the search to be valid, it must be incident to a lawful custodial arrest and be close in time and place to the arrest.

2. Generally, vehicles may be searched without a warrant:

a. when probable cause exists that it contains seizable items;

b. when it has been abandoned; and c. under the Plain View doctrine.

Page 1 of 3

3. Search of Vehicles Based on Probable Cause

a. A vehicle may be searched without a warrant if there is probable cause to believe that seizable property is located within the vehicle.

b. An officer having probable cause that a vehicle contains seizable items may search a mobile vehicle which could conceivably leave the jurisdiction before a warrant could be obtained.

c. If there is probable cause to believe that a vehicle contains a specific item, the reasonableness and scope of the search will be determined by the nature of the item sought.

d. If there is probable cause to believe that:

(1) the vehicle contains contraband, the search can generally continue until all areas which could

contain the contraband have been searched; and

(2) the vehicle is being used to conceal a specific container, the search must be limited to those

locations where the container may be hidden and continued only until the container is located (at which time a warrant will be required to open the container).

e. If a lawful arrest is made, the search may be expanded incident to the arrest.

f. A vehicle may be searched without a warrant based on probable cause:

(1) at the location it was first stopped or taken into custody; or

(2) after being removed to another location for reasons of safety, custody or convenience.

g. The time factor is not as critical in probable cause situations, especially when the vehicle is in the custody of the CPD; however, if the search is delayed for an unusually long time, the officer may be questioned as to why a warrant was not obtained.

h. Generally, this rule permits the search of a mobile vehicle even though there is no danger that the vehicle may be taken or the evidence destroyed.

i. If probable cause is not obtained until after the vehicle has lost its mobility or until it was taken into custody, a warrantless search should not be conducted.

4. Transportation of Evidentiary Vehicles

a. When a vehicle is to be held as evidence, it will be towed from the scene to the public works yard by a CPD-authorized towing service.

b. The officer should secure the vehicle prior to towing and follow the vehicle as it is being towed to its destination to ensure an unbroken chain of custody of evidence.

Page 2 of 3

5. Scope

a. A vehicle used to violate laws concerning the transportation of liquor, cigarettes or narcotics can be seized without a warrant and subject to forfeiture and may be searched at any time.

b. If a vehicle is taken as evidence of a crime, either as an instrumentality (e.g. a hit-and-run homicide) or as the fruit of a crime (e.g., a stolen car), it may be subject to a later, more careful examination just as is any other lawfully seized item.

c. An abandoned vehicle may be seized and searched without a warrant or probable cause.

d. Vehicle Inventories

(1) The inventory of vehicles and other objects under MSP control, where officers have lawful

custody, may be done to protect the owner against loss, to avoid a claim of destruction and to protect officers against any hidden danger.

(2) Officers cannot assume custody as a pretext for inventory where such an inventory is not

reasonably necessary.

(3) The inventory must be carried out as part of established CPD procedure.

e. Vehicle Occupants

(1) Evidence of probable cause justifying a search of a vehicle does not necessarily empower an officer

to search occupants who have not been arrested.

(2) A thorough search of an occupant may be justified only if the officer has probable cause to believe

that he possesses evidence of a criminal offense.

(3) The officer may conduct a stop and frisk of a vehicle occupant per Directive 29.4.

f. The Plain View doctrine applies to all vehicles.

6. Force

a. If an officer has a legal right to search a vehicle and if the occupant refuses to allow him to proceed, he may use whatever force is reasonable and necessary to affect the search and must be in accordance with CPD Policy.

Page 3 of 3