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• Both federal and state constitutions guarantee freedom from unreasonable searches and seizures.
• This policy offers guidelines for Washoe County Sheriff's Office personnel regarding search and seizure issues.

Policy

• Individuals are protected by the U.S. and Nevada Constitutions from unreasonable governmental intrusion.
• Deputies should not enter areas where individuals have a reasonable expectation of privacy to conduct a search or seizure, without:
  • A valid search warrant
  • Exigent circumstances
  • Valid consent
  • Other legal or statutory exceptions
    • Abandonment of property
    • Search incident to a valid arrest
    • Inventory to document property seized or secured for safekeeping
    • Searching a vehicle based on probable cause
    • Patting down subjects for weapons based on reasonable suspicion
    • Private open fields and public spaces

Search Protocol

• Deputies will conduct searches with dignity and courtesy.
• Property searches should aim to return the property to its pre-search condition as much as possible.
• Deputies should try to get keys to locked property if practical.
• The search location should be video-recorded before and after if significant movement or damage to property is required, and can be done with a BWC.
• If the person to be searched is of the opposite sex, a deputy of the same sex should conduct the search.
• A search of a member of the opposite sex is allowed, if it is not feasible to summon a deputy of the same sex, following specific guidelines:
  • A supervisor and/or another deputy should witness the search when practical.
  • Deputies should use the back of their hands to search sensitive areas, like the breast, crotch, and buttocks.
  • If possible, the search should be recorded.
• Deputies should explain the search's reason and method to the person being searched

Searches

• A valid warrant is generally required for a search to be valid according to the U.S. Constitution.
• Several exceptions permit a warrantless search:
  • Valid Consent
  • Incident to a lawful arrest
  • Legitimate community caretaking interests
  • Vehicle searches under certain circumstances
  • Exigent circumstances
• Activities that don't require a warrant include seizure/examination of abandoned property and observations of activities/property in open public areas.
• Deputies are expected to act according to current training and their familiarity with established rights, as case law regarding search and seizure is constantly evolving.
• Deputies should contact a supervisor to resolve search and seizure questions, if it is practical.

Residence

• People have a reasonable expectation of privacy inside their homes, without a valid warrant, exigent circumstances, or valid consent.
• Individuals typically do not have a reasonable expectation of privacy in areas around their home where the public is permitted, like mail carriers and solicitors.

Plain View

• No "search" occurs if an object is viewed from a location where the deputy is legally allowed to be, as individuals have no expectation of privacy for items in plain view.
• An item in plain view can be seized if:
  • It was viewed from a lawful location
  • There is probable cause to believe the item is linked to criminal activity
  • The location of the item can be legally accessed.
• The "Nexus Rule" requires probable cause that the item will aid in an investigation.

Exigent Circumstances

• Exigent circumstances for entering premises without a warrant or consent include:
  • Imminent danger of injury or death
  • Serious damage to property
  • Imminent escape, fresh pursuit of a suspect
  • Destruction of evidence
  • Public safety
• An exigency created by the deputy’s own conduct is not generally permitted as an excuse for a warrantless entry.

Search Protocol

• Conducting a search for any item believed relevant to an investigation is permitted with valid consent.
• A consent search is only valid if:
  • It is voluntary (clear, specific, and unequivocal).
  • It is obtained from a person with the authority to give consent.
  • It does not exceed the scope of the consent given.
• Deputies should use written Consent to Search forms when obtaining consent, or describe the circumstance in the related reports if the form cannot be used.
• Individuals do not need to be informed of their right to refuse consent.
• Consent must be the product of free will.
• A person with authority should be able to withdraw consent, and any related search should be stopped if consent is withdrawn.

Documentation

• Deputies must document any search, ensuring reports include:

  • Reason for the search
  • Efforts to minimize intrusiveness (e.g., asking for consent or keys)
  • Any injuries or damage occurred
  • Steps taken to secure property
  • Results of the search, including a description of any property or contraband seized
  • Efforts to summon a deputy of the same sex, and witness deputy information, if the person searched is the opposite sex

• Supervisors must review reports to ensure accuracy, proper documentation, and compliance with legal requirements and office policy.