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Arrestees shall be searched immediately for weapons and items of evidentiary value relating to the alleged crime. Arrestees may be charged with additional crimes if contraband is discovered during a search which is incidental to arrest. Unless circumstances necessitate its immediate removal, no personal property, except weapons and evidence, shall be taken from the suspect in the field.

Persons issued a citation in lieu of arrest are not subject to custodial search. An officer may conduct a Terry-Frisk for weapons. In order to perform a Terry-Frisk, an officer only needs reasonable articulable suspicion that the suspect may be involved in criminal activity.

9-202 SEARCHING ARRESTEES OF THE OPPOSITE SEX (05/31/02)

(B-C)

If an arrestee is of the opposite sex, the officer shall handcuff the arrestee and call an officer of the same sex to the scene to perform the search if feasible.

In potentially dangerous situations, any officer may search a suspect of the opposite sex. When practical, witnesses should be present during such a search.

Prior to the execution of an arrest or search warrant, where a female officer is likely to be needed, a female officer shall be included in the operations if possible.

9-203 STRIP SEARCHES AND BODY CAVITY SEARCHES (12/10/03)

(A-D)

DEFINITIONS:

Strip Search: Removal or rearrangement of clothing to permit the visual or manual inspection of all skin surfaces of a person’s genitals, buttocks, anus, or female breasts.

Body Cavity Search: A search involving not only visual or manual inspection of skin surfaces, but also the internal physical examination of body cavities, and in some instances, organs such as the stomach.

STRIP SEARCHES:

Strip searches without a warrant are presumed to be unreasonable, and therefore, prohibited by the Fourth Amendment unless there are exigent circumstances and probable cause.

Strip Searches Without an Arrest: Strip searches of individuals in the field who have not been arrested may be conducted only in the following circumstances:

When there is probable cause to believe that evidence, weapons or contraband exists and will be destroyed or lost in the absence of an immediate strip search; or

When there is probable cause to believe that an immediate search is necessary to prevent imminent danger to the safety or health of the suspect.

Otherwise, a warrant shall be obtained or an arrest made before a strip search is conducted.

Strip Searches Incidental to Arrest: The arrest of an individual does not automatically justify a strip search. Before an officer may conduct a strip search incidental to an arrest, the officer must have reasonable suspicion to believe that the arrestee is concealing illegal drugs, a weapon, or contraband.

Strip Search Guidelines:

The following guidelines shall be followed when conducting a strip search:

1) Supervisory approval is required before conducting a strip search. The supervisor shall be present when the search is conducted unless precluded from doing so by the issue of gender. The supervisor authorizing the strip search shall do a CAPRS supplement articulating why the search was justified and necessary based on the criteria cited above. The supplement will also explain how and by what officers the search was conducted.

2) The search shall be conducted and witnessed by officers of the same gender as the suspect. The search shall be performed in a location that affords the suspect privacy from persons not involved in the search.

BODY CAVITY SEARCH:

Body cavity searches shall only be performed by medical personnel, in a medical facility, pursuant to a search warrant or court order.

Note: Exigent circumstances such as the suspect placing illegal narcotics or contraband into their mouth does not require obtaining a search warrant or court order. The probability in this circumstance, of the suspect swallowing the evidence, requires the need for immediate action.

9-204 SEARCHING AN ARRESTEE'S PURSE (05/31/02)

(B)

When an arrestee has a purse, it shall be taken immediately and searched to determine whether it contains weapons or evidence relating to the alleged crime.

9-205 CONSENT SEARCHES (04/29/02)

(B-C)

The MPD consent search policy is intended to be more restrictive than statutory and constitutional requirements. MPD officers will not conduct consent searches on a random basis. Officers shall only request to conduct a consent search if the officer has reasonable, articulable information leading them to believe that the person, vehicle, or premises to be searched may be involved in criminal activity. Such facts could include: time of day, a person’s specific actions, information received from citizen complainants, or other suspicious activity.

When requesting a consent search, officers will adhere to the following guidelines:

1. Officers must have reasonable articulable information leading them to believe that the person, premises, or vehicle to be searched may be involved in criminal activity.

2. Officers must give the person to be searched a verbal advisory which informs the person of the following:

Why they are requesting a search of their person, vehicle, premises, or property (articulable facts).

They do not have to consent to a search.

If they do not consent, no search will occur and no retaliation will take place as a result of their refusal.

If the search results in a seizure, any seized evidence may be used against them in court.

Consent must be positive, silence is not consent.

3. If the search results in an arrest or seizure, the officer must articulate in his/her report, the reasonable articulable information that led to the consent search, how the person was advised, and specifically how the consent was received.

4. If the search does not result in an arrest or seizure, the officer shall note on their log or in added remarks to the call the fact that a consent search occurred, and briefly describe the reasonable articulable information which led them to request a search.

If the officer has probable cause, a consent search shall not be requested. In this case, the officers shall conduct a search based upon probable cause, arrest, search warrant, or vehicle inventory.

In the case of consent searches of vehicles or premises (homes, apartments, storage areas), officers shall have the person complete and sign a Consent Search Form (MP-3003). A Consent Search Form is not necessary when conducting a search of a person, however documentation of the search is required as outlined above.

The following additional guidelines shall be followed when conducting consent searches of premises:

Only a person who has a right to occupy the premises can consent to a search.

Landlords cannot consent to a search of tenant’s premises.

A hotel/motel room cannot be searched without the renter’s consent until it has been legally abandoned.

A business employee, without specific authority, cannot consent to a search of his/her employer’s property.

An employer cannot consent to a search of property on his/her premises which is within the exclusive use and control of one employee.

9-206 VEHICLE SEARCHES (05/31/02)

(B-C)

Vehicles may be searched without a warrant in the following circumstances:

1. With proper consent. See Volume 9, the section on Consent Searches for more details.

2. Probable cause exists to believe that the vehicle contains the fruits, instrumentalities or evidence of a crime or contraband. In such cases, the officer may search all areas of the car they have probable cause to believe contain the item being sought. The search must be limited to the areas where the item being sought could reasonably be located. For example, officers cannot search the glove box if they are searching for a large screen TV set. Also, once the item being sought is located, no further search is justified.

An officer may open the trunk, glovebox and all containers, including closed and locked containers, even if it requires breaking open the lock. Where search of a closed and/orlocked container would require damaging the integrity of the container, the officer shall balance the need to search with the cost and amount of damage to be caused, and shall consider other alternatives such as trying to obtain a key and the ability to seize the container and later obtain a search warrant.

3. When an officer stops an occupant of a vehicle and has reasonable suspicion to believe that he/she has been involved in criminal activity and may be armed and dangerous. The occupant may be patted down for weapons and portions of the vehicle where a weapon might be readily accessible may be searched including unlocked containers (i.e. the glovebox).

4. When an officer makes a custodial arrest of an occupant of a motor vehicle, a search incident to that arrest may be made of both the arrested occupant as well as the entire passenger compartment of the motor vehicle. Any clothing, unlocked containers and unlocked glove boxes can be searched. The trunk cannot be searched.

5. When an officer takes the owner and/or driver of a motor vehicle into custody and makes the determination to impound the vehicle. The officer shall conduct an inventory of the contents of the vehicle.

6. When a vehicle is unoccupied and towed by police order (white tag tow). The officer shall conduct an inventory of the contents of the vehicle.

The inventory required for situations 5 and 6 shall be for the entire vehicle, including the glove compartment and trunk, if they can be accessed without damage to the vehicle. All containers shall be searched if they can be opened without damage. If a container cannot be searched without damage, a determination of the value of the property in the container shall be made if possible (such as by talking to the owner). All items of value shall be listed on the tow sheet. Where possible, the officer shall remove and property inventory any items of significant value for safekeeping. The officer will indicate on the tow sheet what items were removed and inventoried and what items were left in the vehicle.

When a vehicle to be searched or inventoried is towed to another location because existing conditions make it unsafe or impractical to search or inventory the vehicle at the original site, the authority to search or inventory the vehicle still exists.

However, in the case of probable cause searches (item #2 above), the practicality of obtaining a search warrant prior to the search shall be considered.

9-207 CONFISCATION OR SEIZURE OF CURRENCY (05/31/02)

(A-B)

Whenever an officer confiscates or seizes currency exceeding $200 in value, or cash in access of $300 in drug related seizures, a supervisor shall be called to the location of the confiscation or seizure to verify the amount seized and provide a receipt (form MP 3414) to the party the property is taken from, or to the tenant/property owner. The receipt for the amount taken shall be signed by the confiscating officer and a verifying supervisor. The carbon copy of the receipt shall be property inventoried with the currency.

In executing a search warrant, a receipt is a normal requirement if taking money or property. The last page (goldenrod copy) of the search warrant recording property and/or currency taken will serve in lieu of the separate receipt. The search warrant shall contain the signatures of the seizing officer and a verifying supervisor when currency over $200 in value is confiscated or seized.

The Notice of Seizure and Intent to Forfeit Property form (HC 2857) that is completed for currency seized will serve in lieu of the separate receipt. The copy of the Notice of Seizure shall contain the signatures of the seizing officer and a verifying supervisor when currency over $200 in value is seized.

Receipt books are available in the MPD Supply Room.

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