Washoe County Sheriff 306 Search and Seizure Policy PDF

306 Search and Seizure PURPOSE AND SCOPE Both the federal and state Constitutions provide every individual with the right to be free from unreasonable searches and seizures. This policy provides general guidelines for Washoe County Sheriff's Office personnel to consider when dealing with search and...

306 Search and Seizure PURPOSE AND SCOPE Both the federal and state Constitutions provide every individual with the right to be free from unreasonable searches and seizures. This policy provides general guidelines for Washoe County Sheriff's Office personnel to consider when dealing with search and seizure issues. 306.1 POLICY 1. Both the United States and the Nevada Constitutions provide every individual with the right to be free from unreasonable governmental intrusion. As a rule, members of this Office should not physically enter any area where an individual has a reasonable expectation of privacy to conduct a search or seizure without one or more of the following: A. A valid search warrant. B. Exigent circumstances C. Valid consent D. Other legal or statutory exceptions such as: a. Abandonment of property b. Search incident to a valid arrest c. Inventory to document property seized or secured for safe keeping. d. Searching for a vehicle based upon probable cause. e. Patting down subjects on the outside of the clothing for weapons based on reasonable suspicion. f. Private open fields and public spaces 306.1.1 SEARCH PROTOCOL 1. Members of this Office will conduct person searches with dignity and courtesy. 2. Members of this Office will conduct property searches in a manner that returns the condition of the property to its pre-search status as nearly as reasonably practicable. 3. Members of this Office should attempt to gain keys to locked property when a search is anticipated, and the time and effort required to gain the keys makes it a practicable option. 4. Video-recording the search location prior to, and after the search, should be conducted when the search requires significant movement or damage to property. This can be done with a BWC. Document ID Revision Approval Date Published 28168 1 Chief Deputy - Administration 1/5/2024 8:23:08 PM Printouts of this document may be out of date and should be considered uncontrolled. The published version of the document should be viewed on-line in Qualtrax. Page 1 of 5 306 Search and Seizure 5. When the person to be searched is of the opposite sex of the deputy, a deputy of the like sex should be summoned to the scene to conduct the search. 6. A search may be undertaken of a member of the opposite sex when it is not practicable to summon a deputy of the like sex. In these instances, the Deputies will adhere to the following guidelines: A. A supervisor and/or one other Deputy should witness the search, if practicable B. Deputies will use the back side of their hands and fingers to search sensitive areas of the opposite sex to include the breast, crotch, and buttocks areas. C. When possible, a search should be conducted in the presence of a video camera, such as a BWC or in-car recording system. 7. The Deputy should explain to the person being searched the reason for the search and how the Deputy will conduct the search. 306.2 SEARCHES 1. The U.S. Constitution generally provides that a valid warrant is required for a search to be valid. There are, however, several exceptions that permit a warrantless search. 2. Examples of law enforcement activities that are exceptions to the general warrant requirement include, but are not limited to, searches pursuant to the following: A. Valid consent B. Incident to a lawful arrest C. Legitimate community caretaking interests D. Vehicle searches under certain circumstances E. Exigent circumstances 3. Certain other activities are recognized by federal and state courts and by certain statutes as legitimate law enforcement activities that also do not require a warrant. Such activities may include seizure and examination of abandoned property, and observations of activities and property located on open public areas. 4. Because case law regarding search and seizure is constantly changing and subject to interpretation by the courts, each member of this Office is expected to act in each situation according to current training and his/her familiarity with clearly established rights as determined by case law. 5. Whenever practicable, Deputies are encouraged to contact a supervisor to resolve questions regarding search and seizure issues prior to electing a course of action. Document ID Revision Approval Date Published 28168 1 Chief Deputy - Administration 1/5/2024 8:23:08 PM Printouts of this document may be out of date and should be considered uncontrolled. The published version of the document should be viewed on-line in Qualtrax. Page 2 of 5 306 Search and Seizure 306.2.1 RESIDENCE 1. Absent a valid search warrant, exigent circumstances, or valid consent, every person has a reasonable expectation of privacy inside his/her home. Individuals do not, however, generally have a reasonable expectation of privacy in areas around their home where the public (e.g., mail carriers and solicitors) would reasonably be permitted to go. 306.2.2 PLAIN VIEW 1. Because an individual does not have an expectation of privacy as to items that are in plain view, no "search" has taken place in a constitutional sense when an object is viewed from a location where the deputy has a legal right to be. 2. An item in plain view may generally be seized when all the following conditions exist: A. It was viewed from a lawful location. B. There is probable cause to believe that the item is linked to criminal activity. C. The location of the item can be legally accessed. 3. It is important to note that the so-called "Nexus Rule" requires that even items in plain view must not be seized unless there is probable cause to believe that the item will aid in an investigation. Such a nexus should be included in any related reports. 306.2.3 EXIGENT CIRCUMSTANCES 1. Exigent circumstances permitting entry into premises without a warrant or valid consent generally include any of the following: A. Imminent danger of injury or death B. Serious damage to property C. Imminent escape, fresh pursuit of a suspect D. The destruction of evidence E. Public safety 2. An exigency created by the deputy's own conduct as an excuse for a warrantless entry is not generally permitted. Document ID Revision Approval Date Published 28168 1 Chief Deputy - Administration 1/5/2024 8:23:08 PM Printouts of this document may be out of date and should be considered uncontrolled. The published version of the document should be viewed on-line in Qualtrax. Page 3 of 5 306 Search and Seizure 306.3 SEARCH PROTOCOL 1. Entry into a location for the purpose of conducting a search for any item reasonably believed relevant to any investigation is permitted once valid consent has been obtained. A search by consent is only valid if the following criteria are met: A. Voluntary (i.e., clear, specific, and unequivocal) B. Obtained from a person with authority to give the consent. C. Does not exceed the scope of the consent given. 2. Deputies are encouraged to utilize written Consent to Search forms when obtaining consent. If circumstances prevent the use of the Consent to Search form, Deputies should describe such circumstances in related report(s) and/or video record the incident. 3. There is no requirement that an individual be told of his/her right to refuse consent, such a warning and the use of the Consent to Search form may provide support for the validity of any consent. 4. Consent must be obtained as the product of free will. It cannot be obtained through submission to authority, expressed or implied. 5. A person with authority to consent to search should be present or otherwise in a position to communicate a withdrawal of consent should they so desire. Absent other legal justification, any related search should be discontinued at any point that consent is withdrawn, even if the withdrawal is made by a different party who is at the scene and who also has equal authority over the area being searched. 306.4 DOCUMENTATION 1. Deputies are responsible to document any search and to ensure that any required reports are sufficient including, at minimum, documentation of the following: A. Reason for the search B. Any efforts used to minimize the intrusiveness of any search (e.g., asking for consent or keys) C. What, if any, injuries, or damage occurred? D. All steps taken to secure property. E. The results of the search including a description of any property or contraband seized. F. If the person searched is the opposite sex, any efforts to summon a Deputy of the same sex as the person being searched and the identification of any witness Deputy. Document ID Revision Approval Date Published 28168 1 Chief Deputy - Administration 1/5/2024 8:23:08 PM Printouts of this document may be out of date and should be considered uncontrolled. The published version of the document should be viewed on-line in Qualtrax. Page 4 of 5 306 Search and Seizure 2. Supervisors shall review reports to ensure the reports are accurate, that actions are properly documented, and that current legal requirements and Office policy have been met. Document ID Revision Approval Date Published 28168 1 Chief Deputy - Administration 1/5/2024 8:23:08 PM Printouts of this document may be out of date and should be considered uncontrolled. The published version of the document should be viewed on-line in Qualtrax. Page 5 of 5