Chapter 16 Warrantless Search And Seizure PDF

CHAPTER 16 – WARRANTLESS SEARCH AND SEIZURE REV. NOVEMBER 30, 2012 16.01 DEFINITIONS A. Abandoned Property - Discarded object or property (other than land) over which all persons have fully relinquished ultimate control and any reasonable ownership or privacy interest. B. Access Area -...

CHAPTER 16 – WARRANTLESS SEARCH AND SEIZURE REV. NOVEMBER 30, 2012 16.01 DEFINITIONS A. Abandoned Property - Discarded object or property (other than land) over which all persons have fully relinquished ultimate control and any reasonable ownership or privacy interest. B. Access Area - The area (also known as the "area of immediate control") into which an arrestee might reach in order to grab a weapon or destructible evidence. C. Curtilage - The yard and buildings which relate to domestic activities surround a residence or dwelling place, generally including garages, sheds, outhouses, driveways, barns, fenced-in areas around the house, and the like. It does not include vehicles in the street, commercial business structures, or open fields surrounding a residence. For apartments or multi-unit dwellings, it also does not include fire escapes, lobbies, or common hallways. D. Custodial Arrest - A procedure in which an officer arrests and then transports a person to a detention facility to await bond or an appearance before the Magistrate. E. Frisk - Jargon referring to a weapons search of a person generally limited to a pat down of their outer clothing to ensure the safety of the officer and others. (For a detailed discussion, see CHAPTER 17, Stop and Frisk). F. Open Field - An unoccupied land outside the curtilage of any dwelling, usually uncultivated and relatively remote, in which no person has a reasonable expectation of privacy. G. Probable Cause - That total set of apparent facts and circumstances based on reasonable trustworthy information which would warrant a prudent person (in the position of and with knowledge of the particular peace officer) to believe something, for example, that a particular person has committed some offense against the law. H. Reasonable Suspicion - An officer's rational belief, based on credible and articulable information and circumstances, that something may be true (e.g., that an offense may have occurred or that a particular person may have committed an offense). I. Seizable Property - All property subject to seizure, including: unlawful weapons, drugs, and other contraband; stolen or embezzled property ("fruits of a crime"); equipment, devices, instruments and paraphernalia for committing an offense ("instrumentalities"); and evidence of a particular crime ("mere evidence"). 16.02 GENERAL RULES A. Officers shall not make a warrant less search or seizure unless authorized by law and this Manual. In interpreting the law, the officer shall follow the interpretation provided by the BCSO in the Warrant less Search and Seizure CHAPTER or in its other official written orders. When a rule in this Section of this Manual governing search and seizure is more restrictive than the applicable law, the rule shall be followed. Effective date April 30, 2014 183 B. In defining terms connected with warrant less search and seizure, the definitions set out in this CHAPTER shall apply. C. There is a general preference by the courts that search and seizures be authorized by warrant. It is the policy of the BCSO that, even though a warrant less search or warrant less search or seizure may be legal, an officer shall always obtain a warrant where practical and where destruction or removal of the seizable property appears unlikely. D. When officers obtain arrest warrants, they shall also, whenever practical, obtain search warrants if they have probable cause to believe that seizable items will be found at the expected place of arrest. E. Officers shall not make an arrest which would have been made except for the officer's desire to search, without probable cause, for evidence. F. Where a premises may validly be entered (for example, to render emergency aid or protect evidence), prior to involuntary or forced entry, officers shall reasonably attempt to obtain voluntary admittance, if the circumstances permit. G. Forced entry, where justified, shall be made with the least amount of damage reasonably necessary under the circumstances. H. Reasonable force may be used to extract evidence from an offender's mouth. I. Arresting and transporting officers will be made accountable for any prisoner arriving at the jail with a weapon. 16.03 OBSERVATIONS WHICH DO NOT CONSTITUTE SEARCHES A. General Rule: The Fourth Amendment protects reasonable expectations of privacy; where property or activities are so located that privacy cannot reasonably be expected, observation or seizing is not an illegal search or seizure. B. Plain View Doctrine: If, during a valid search or other intrusion, incriminating evidence is inadvertently spotted, it may be legally seized. 1. The officer must have prior justification for being in the area (for example: search warrant for other evidence, valid traffic stop, or valid inventory search.) 2. Discovery must be inadvertent; i.e., officer must not know of evidence in advance and go there with intention to seize it and circumvent warrant requirement. 3. There must be probable cause to believe the item is contraband or other evidence. 4. An item is still in plain view even if it is necessary to use a visual aid such as a flashlight or binoculars to see it. 5. Plain view items may be photographed. Effective date April 30, 2014 184 C. Public View: When an officer sees something that is in the view of the general public or is in a public place, his observation is not a search. 1. This doctrine is based upon the low expectation of privacy in such a place. 2. Public playgrounds, open fields, and woods, even on private property, are considered public places under this exception, and may be entered. 3. Under the Fourth Amendment this is true even though "no trespassing" signs are posted; it is unclear, however, under Texas law, whether evidence so obtained will be admissible. 4. Curtilage: Generally, a reasonable expectation of privacy exists as to the Curtilage of a residence, and an officer may not enter to make his observation. (Curtilage is the area adjacent to a residence which is used for domestic purposes, and may include outbuildings.) a. However, no such expectations exists as to the normal route of access for anyone visiting the premises (for example: walkways, driveways, porches), and there is no search if the officer enters such area on valid business. This is especially true of lands adjoining multiple occupancy dwellings. b. An expectation of privacy would generally apply to a fenced backyard. 4. Generally, a person has reasonable expectation of privacy with respect to his residence, however, where an officer is in a place he has a right to be where other persons can reasonably be expected to be, it is not a search for him to observe items within the premises. a. Examples of legitimate observation points: walking up normal route of access, standing in street, standing on neighbor's property. b. From such points, items may be observed through windows, doors or other openings. c. However, the observation cannot be made from a completely unexpected place. 6. Items may be observed in vehicles to which the public generally has visual access. 7. Officers have a right to enter commercial premises during hours in which the public is invited; for example, bus terminals, pool halls, restaurants, retail stores. a. An officer may examine merchandise as any member of the public might be expected to do. b. An officer may not enter a part of the premises to which the public does not have access. c. Business such as factories or private clubs, which are open to a limited number of people but not the public generally, may not be entered under the public view rule. (But it is their actual practice of admitting persons which will control.) Effective date April 30, 2014 185  8. An officer's observations upon entering a public restroom do not constitute a search, but this does not apply to a closed toilet stall. 9. An item is in public view even though a visual aid such as a flashlight or binoculars is used to see it. 10. Search and Seizure: Although spotting criminal evidence from a public place is not a search, if the item is located inside a dwelling, private area of a building, etc., a warrant to seize the item will have to be obtained absent exigent circumstances or other exception to the warrant rule. D. Abandoned Property: When a person abandons property, a search of the property by officers is not a Fourth Amendment search or seizure. Example: Property discarded in an apartment dumpster, suspect intentionally drops matchbox containing drugs, driver throws something out window, apartment tenant or hotel guest leaves premises indicating intent not to return. E. Dog Sniff: Use of a dog trained in narcotics detection to sniff objects in a public place to see if they contain narcotics is not a search. 1. A positive reaction by the dog would provide probable cause to seize the object or to arrest a person possessing the narcotics. 2. If a particular container were identified as containing narcotics, it would have to be seized and a search warrant obtained to open it. F. Field Test for Drugs: Where substances have been legally seized, a field test to identify it is not a search under the Fourth Amendment. G. Inventories: Inventories are not searches under the Fourth Amendment (see Section 16.07 of this CHAPTER). 16.04 PROBABLE CAUSE PLUS EXIGENT CIRCUMSTANCES SEARCHES A. General Rule: A warrant less search may be made where there is probable cause to believe that contraband, instrumentalities, fruits, or evidence of crime are present and exigent circumstances make obtaining a search warrant impractical. 1. Probable cause to search where the facts and circumstances within the knowledge of the officer on the scene and of which he has reasonable caution and prudence to believe that he will find the instrumentality of a crime or evidence pertaining to a crime. a. Factors which, under the circumstances, may give or contribute to probable cause to believe that evidence is present in a certain place include information from a reliable witness that a short time ago persons in a described vehicle left a robbery with stolen property, credible information that a person possesses narcotics at a certain location, observation of substance which appears to be narcotics, positive indication of narcotics by trained dogs, furtive dropping of a matchbox, flight from police, false or evasive answers to question. Effective date April 30, 2014 186  b. For probable cause to exist, it must be shown that the objects sought are probably connected with crime and are probably to be found at the present time in a particular place. 2. Neither probable cause alone, nor exigent circumstances alone, can justify the search. 3. The fruits of the search cannot be used to justify the search. B. Search of Persons: 1. The general rule applies to searches of persons. 2. As a practical matter, probable cause to search a person will often give probable cause to arrest, and a search could also be justified as incident to arrest. 3. Extraordinary searches involving intrusion into the body, such as body cavity searches, require a warrant unless exigent circumstances are present. a. Blood samples to determine blood type must always be with a warrant. b. After arrest for D.W.I., blood samples to determine intoxication may be made of a driver without warrant only if: 1) The person is dead, unconscious or otherwise incapable of refusal. 2) The person is arrested for D.W.I. or involuntary manslaughter and the officer reasonably believes a person has died or will die as a result of the offense. c. Prior to arrest (such as where a suspect is taken to the hospital), an involuntary blood sample may be taken where there is probable cause and no time to get a warrant because of dissipation of blood alcohol. 4. Reasonable force may be used to prevent destruction of evidence. NOTE: Grabbing a suspect by the throat to prevent him from swallowing narcotics is not unreasonable. C. Vehicle searches: The "automobile exception": Where there is probable cause to search a motor vehicle, and exigent circumstances exist, the vehicle may be searched without warrant. 1. Moving vehicle: Where officers stop a moving, occupied vehicle on a public roadway, no further exigent circumstances need be shown this rational applies also to a stopped vehicle occupied by a suspect. 2. Movable vehicle: Where the vehicle is unoccupied at the time it is detained by police, but is operable and could be moved, further evidence of exigency is needed. a. Examples of facts indicating exigency: vehicle is in a public place where access is not restricted, vehicle is in a private place readily accessible to the public, the suspect or his Effective date April 30, 2014 187  friends know police are investigating, danger to police may result if time taken to get warrant. b. One of these, standing alone, may not be enough; the test is whether, under all the circumstances, it is practical to get a warrant. 3. Recreational vehicles, mobile homes, and the like, fall under the automobile exception when being used on the road or if capable of such use and found in non-residential circumstances. 4. The fact that a warrant could have been obtained earlier does not necessarily foreclose a warrant less search based upon exigent circumstances. a. Obtaining a warrant may be delayed for valid reasons such as: lack of early recognition that probable cause existed, further investigation to uncover more suspects or evidence, to bolster weak probable cause, lack of reason to believe search or seizure will be necessary, or lack of knowledge as to location of vehicle. b. However, where probable cause develops well in advance of contact with the vehicle, and there is no reason to believe speed is essential, and officers go to the vehicle expecting to search or seize it, a warrant is ordinarily required. 5. If a search is justified at the scene of the arrest, the car may be seized and searched thereafter at the Sheriff' Office; 3 days later is not unreasonable. 6. If probable cause is directed toward the whole car, all parts of the car may be searched. However, probable cause may exist only to search a specific part of the car (for instance, finding a small amount of marijuana in the passenger compartment of a car occupied by apparent casual users will not justify search of the trunk.) 7. Probable cause to search the entire car permits search of any container found therein. However, if probable cause focuses on a particular container in the car, it must be seized and a warrant obtained before it is opened unless the container is transparent or it is otherwise unmistakable what is inside. D. Premises Searches: When officers have probable cause to believe contraband or evidence is present and, in addition, based on surrounding circumstances, they reasonably conclude that evidence will be destroyed or removed before they can secure a search warrant, a warrant less search is justified. 1. The preference for a warrant is strongest with respect to searches of premises; if at all feasible, a warrant should be obtained. (As a practical matter, stronger proof of exigent circumstances will be required when the place to be searched is a premise.) 2. The mere possibility that there might be someone on the premises who might destroy the evidence is not grounds for entry. 3. Exigent circumstances may be shown by: Information indicating possessor of contraband is aware that officers are on his trail; for example: hot pursuit. This cannot be relied upon where officers unnecessarily warn subjects; for example: by seeking to question them or asking their consent. Effective date April 30, 2014 188  4. Information that can be used to avert a threat of death or serious bodily harm to a person. 5. Where officers validly arrest one person in premises and have reason to believe other persons may be present, they may search other rooms for their protection. 5. The rules outlined herein apply to death scene investigations. If consent is not present, warrantless search must be based on exigent circumstances. a. Belief that a dead body is inside is one exigency that will permit warrant less entry. Once a valid entry is made, the plain view doctrine applies. b. When officers come into a homicide scene, they are also entitled to make a prompt warrant less search to see if there are other victims or if the killer is still on the premises. c. But further search, beyond that required by the exigent circumstances, will require a warrant. 6. The rules herein apply to arson investigations. a. A burning building is an exigency permitting warrant less entry. b. No warrant is needed for fire officials to remain a reasonable time to investigate the cause after the blaze has been extinguished. c. Once the cause has been established and the danger of rekindling has been ended, no further search may occur without warrant; i.e., to search for evidence of a crime an ordinary search warrant must be obtained. d. Further searches after officers have left the scene require a warrant. 1) If the primary purpose is to determine the cause of the fire, an administrative warrant will suffice. 2) If the primary purpose is to find evidence of crime, an ordinary search warrant must be obtained. 8. Premises Search for Persons: Although officers have an arrest warrant for particular person and probable cause to believe he is at the premises of a third person, they may not search for him at such premises without a search warrant, unless there are exigent circumstances or consent. 9. A search warrant is not needed, however, to search for the offender at his own private premises, where officers have both an arrest warrant and probable cause to believe he is present at the premises. E. Container Searches: Where officers have probable cause to believe that a particular container contains contraband, and it is seized under exigent circumstances, a warrant must be obtained to open Effective date April 30, 2014 189 it in the absence of some additional exigent circumstances, unless the container is transparent or otherwise of such a nature that it is unmistakable what is inside. 1. For example, there is probable cause to believe narcotics are in a green suitcase in the trunk. The suitcase may be seized, but a warrant must be obtained to open it. 2. "Container" includes anything which holds other items, from a paper sack to a footlocker. 3. A container may not be searched unless the item sought is of such a nature that it can be concealed therein. 4. Additional exigent circumstances which would justify opening a container without warrant would include danger that the arrestee could get access to the container or reason to believe it contains a dangerous instrumentality. 5. A warrant less container search may be independently justified as a search incident to arrest (see that section.) 16.05 CONSENT SEARCHES A. General Rule: A warrant is not require where there is consent to search because consent waives the constitutional right to a warrant. B. Critical Factors: 1. Consent must be voluntary, not the result of duress or coercion, express or implied. Voluntariness is determined from all the circumstances. a. It is not essential that the person be told of his right to refuse, but his lack of knowledge may be considered by the court in determining voluntariness. b. Mere invitation to enter a residence is not giving voluntary consent to search. c. Consent is not voluntary where it is given in acquiescence to a claim of lawful authority. d. Consent is not voluntary where officer untruthfully tells a person he has a warrant. e. Consent may be voluntary where officer tells a person he will obtain a warrant if consent is refused and he has probable cause to obtain a warrant. (Safest practice is to inform the person a warrant will be applied for, and the judge will decide whether to issue.) f. A person in custody may consent to search. g. There is no requirement that a Miranda warning be given prior to obtaining consent to search. h. Burden is on the officer to demonstrate consent by clear and convincing evidence. Effective date April 30, 2014 190  i. Consent may be withdrawn and the search must end at that time. j. Circumstances that indicate coercion include: The presence of a large number of officers, display of weapons, rousing person out of bed in the middle of the night, person being in custody, and questioning person in station house atmosphere. 2. In determining voluntariness, the person's maturity, sophistication, and mental or emotional state will be considered. a. Courts are less likely to find consent where the person was immature or impressionable. b. A person may be too mentally incompetent or intoxicated as to be in capable of giving consent. c. But simply because a person is too intoxicated to drive does not mean he cannot consent to search. d. The consenting person must have authority over the premises or other property. e. Joint or common use, access or control is sufficient. f. Generally, a warrant less search may be made upon consent of a person having joint or common use despite the fact that the suspect has previously expressed his objection or has not been consulted. g. A roommate can consent to search of common areas of an apartment, but generally not of his roommate's room. h. Parents may consent to search of children's rooms so long as they have access to the room. i. One spouse may consent where there is joint control. j. A mistress or paramour may consent where there is joint control. k. Minor children generally may not consent to a search of their parents' home, but may consent to search of a vehicle they have been entrusted to drive. l. Hotel clerks cannot consent to search of a guest's room unless the room has been abandoned. m. A landlord generally may not consent to a search of a tenant's premises unless it has been abandoned. n. Third parties such as neighbors, friends, or baby-sitters generally may not consent to a search. Effective date April 30, 2014 191 C. Voluntary Retrieval: When the person voluntarily, upon request of officers or on his own, takes officers to an item or retrieves it for them no search has occurred. D. Officers may request consent to search from any person who has authority over the thing or lace to be searched. E. Officers shall advise the person whose consent they seek that: 1. He has the right not to consent, and; 2. If he does consent, anything found may be seized and used as evidence. F. Officers shall attempt to obtain the signature of the consenting party on the Consent to Search and Wavier of Rights form if practical. G. If the party from whom consent is requested has difficulty with the English language, his rights will be explained to him in his primary language, if practical. Where such person is Spanish-speaking he will be given and asked to sign the Spanish Language Consent to Search and Waiver of Rights form. H. Mere invitation to enter the premises is not giving consent to search. I. If the consent to search is later withdrawn, officers must immediately stop the search. If the consent to search is later limited, officers must restrict the search to the new limit. Officers may, however, seize all seizable property discovered prior to the withdrawal or limitation of consent. Officers may then seek a search warrant, or search without warrant if another exception to the warrant requirement is present. J. When two persons are in joint control of the premises and are present; if one consents to the search but the other objects, the search may not be made without a warrant. K. When the consent given is borderline because it is equivocal, because authority of the person is unclear, or because of some other reason, officers shall obtain a warrant before searching, if practical. 16.06 SEARCH INCIDENT TO LAWFUL ARREST A. General Rule: When an officer lawfully arrests a person, he has a right to make a full search of the arrestee and the area within his immediate control. 1. The arrest must be lawful; i.e., it must be pursuant to a valid warrant or it must fall within one of the Texas Statutes authorizing warrant less arrest. 2. The search must be contemporaneous; i.e., it must occur during the arrest process or within a reasonable time thereafter. 3. The arrest must be a full, custodial arrest; a temporary detention or driver's license stop will not justify a full search. B. Scope of Search Effective date April 30, 2014 192  1. Object: The search may be for any weapon, or for contraband, instrumentality, or evidence of any crime. 2. Persons: A full search of the person is permissible. a. Administrative or booking searches are considered contemporaneous even though substantial time has elapsed. b. Pockets, wallets, purses, containers on the person, clothing, and the body surface may be searched, and hair or handwriting samples may be taken. c. Extraordinary searches involving intrusion into the body, such as body cavity searches, should be undertaken only pursuant to rules governing probable cause searches. d. Luggage, briefcases and other containers carried by pedestrians may be searched. 3. Premises: The search of premises is limited to the area within the arrestee's immediate control; i.e., the area from which he might obtain a weapon or destructible evidence. a. To justify such a search the arrest must occur on the premises; a search of the premises cannot be made if the arrest occurred outside. b. The rule applies to each room or area the arrestee is taken through, for example intended movement: If arrestee wants to get dressed, search of dressing area is proper. c. If a person is arrested on a bed a search under the mattress and bed is permissible. d. If officers have good faith belief other suspects may be in the dwelling, they may search other rooms. 4. Motor Vehicle: When an officer lawfully arrests the occupant of a vehicle, the vehicle may be searched. a. The search may extend to the entire passenger compartment of the vehicle and to any containers found therein, but not to the trunk. (See "Impoundment of Vehicles" under Inventories for Justification of Entry into the Trunk.) b. The arrest must be custodial; a traffic stop without custodial arrest does not justify search of vehicle incident to arrest. c. Contemporaneous: The vehicle search should be at the arrest scene, not later at the Sheriff's Office. d. When the person arrested was not in the vehicle, the vehicle cannot be searched incident to arrest unless the facts show the vehicle was within the area of immediate control of the arrestee. Effective date April 30, 2014 193  5. Containers: The contents of a container within the area of immediate control of the arrestee may be searched incident to the arrest. For example: When a person is arrested in a vehicle, a container in the passenger compartment may be searched. NOTE: However, a container in the trunk could not be searched under this exception because it is not within the arrestee's immediate control. Another example is when a pedestrian is arrested carrying luggage; the luggage may be opened and searched. 16.07 INVENTORY A. General Rule: When officers lawfully take custody of property, a routine, caretaking inventory may be made for these purposes: 1. Protection of the owner's property; 2. Protection of officers from claims of lost or stolen property; 3. Protection of officers from potential danger. B. Impoundment of vehicles has been permitted by the courts to permit safe and efficient movement of traffic, where the vehicle is reasonably believed to be stolen, where it is a hazard, where permitted by statute (such as Abandoned Motor Vehicle Act), where the driver is arrested and removed from the car and no reasonable alternative is available to insure its protection, and where the person in control of the vehicle consents. C. The impoundment and inventory must be pursuant to BCSO guidelines. D. The inventory may not have as its object the finding of contraband; i.e., it may not be a pretext. E. However, contraband or evidence in plain view may be seized. F. Scope of Inventory G. Automobiles: All areas of the vehicle may be inventoried, including the glove compartment and trunk. However, the trunk may not be inventoried if extraordinary measures such as using a crowbar or removing the back seat must be used. 1. If a key is available, the trunk may be inventoried. 2. Personal Property: Property, such as a handbag carried on a person or containers found in an impounded vehicle, or the contents thereof, may be inventoried. 3. Impounded vehicles or property may be inventoried either at the scene or at the station. 16.08 EMERGENCY SEARCH A. General Rule: Warrantless entries and searches are permissible where the officer has reasonable grounds to believe that there is an emergency and an immediate need to act to protect life or property. Effective date April 30, 2014 194  1. The search must not be primarily motivated by intent to arrest or seize evidence. 2. There must be a reasonable basis to connect the emergency with the area to be searched. B. Examples: Fire, screams, gunshots, odor of decaying flesh, strong smell of gasoline, person reported to be ill or injured; identification of unconscious person, unattended small children, fight inside house, pried-open door indicating burglary, report that unauthorized persons are in building, etc. C. It is not, however, an emergency merely because an officer wishes to talk with a person inside premises; that officer may not enter without consent or other justification. D. The search must be limited to the purpose for which the intrusion is made; i.e., to find the source of the peril or prevent injury. Once the emergency is over, the search must end. E. During the course of a proper emergency entry or search, evidence in plain view may be seized. 16.09 FRISK FOR WEAPONS A. General Rule: If an individual is lawfully, temporarily detained (for example, during a traffic stop upon reasonable suspicion), and if the officer has reason to believe he is dealing with an armed and dangerous person, he may conduct a limited search for the sole purpose of finding weapons. 1. It is essential that the officer have reason to believe that he is dealing with an armed and dangerous person; the sole justification for the search is protection of the officer and others nearby. 2. But he need not be absolutely certain the person is armed; it is enough that a reasonably prudent man could believe that he or another was in danger. 3. Factors which may combine to give an officer a reasonable belief that a person detained is armed and dangerous include furtive gestures, bulges in clothing lateness of the hour, dangerous neighborhood, intoxication, hostility, belligerence, and indication of criminal activity. a. Furtive gesture alone is not enough. b. A bulge which the officer reasonably believes to be a weapon is enough. c. The officer should be able to express all factors which led him to fear for his safety. 4. Only a pat down of outer clothing is usually permitted; the officer may generally place his hands inside pockets or outer clothing only if the pat down reveals something resembling a weapon. 5. But seizure need not be preceded by a pat down where an object reasonably appears to be a dangerous weapon. 6. The search may extend to areas accessible to the suspect, including areas within the passenger compartment of a car in which a weapon may be located if the officer reasonably Effective date April 30, 2014 195  believes the suspect is dangerous and may gain immediate control of weapons, this also includes a woman's purse. 4. A driver temporarily detained in a vehicle may be ordered out of the vehicle. a. Passengers, however, in a routine traffic stop, may not automatically be ordered out of the vehicle. b. Passengers may be ordered out, however, where their movements or actions make the officer reasonably suspect they threaten his safety, where other facts indicate a threat to officer safety. 16.10 FRISK FOR IDENTIFICATION A. General Rule: If an individual temporarily detained (for example during a stop upon reasonable suspicion), and the individual refuses a request for identification, a limited search may be made for identification. 1. No search is permitted unless the person is first given ample opportunity to supply the identification. 2. A wholesale search of the person is not permitted. 3. Search is limited to wallet or other common repository of identification, and these may be examined only to the extent necessary to find a driver’s license or similar document. 4. If the position of the wallet is not known, only a frisk may be used to discover it starting with areas in which it will most likely be found. 5. If necessary to provide a record of identity, a photograph may be taken of the person. B. This rule applies to witnesses who are lawfully detained. 16.11 ADMINISTRATIVE SEARCH A. Searches conducted pursuant to statute as part of a general regulatory scheme, rather than as part of a criminal investigation, are permitted without a showing of probable cause. B. While performing duties under the Alcoholic Beverage Code, peace officers are not required to obtain a search warrant to search or inspect a premises licensed to sell alcoholic beverages, and may seize illicit alcohol or instruments without a warrant. C. School officials may search a student without warrant upon reasonable suspicion that the student has violated the law or a school rule; however, if the school official is acting in concert with peace officers, the usual rules governing peace officers should be followed. Effective date April 30, 2014 196