Boca Raton Police Services Department PDF

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 74.300 CRIMINAL PROCESS, ARRESTS, AND SEARCHES Revised: November 13, 2017 I. PURPOSE: The purpose of this departmental standards directive is to provide law enforcement officers (LEOs) of the Boca Raton Police Services Departm...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 74.300 CRIMINAL PROCESS, ARRESTS, AND SEARCHES Revised: November 13, 2017 I. PURPOSE: The purpose of this departmental standards directive is to provide law enforcement officers (LEOs) of the Boca Raton Police Services Department with necessary guidance and direction in instances of criminal process execution and/or arrest. II. POLICY: It is the policy of the Department to ensure that law enforcement officers (LEOs) have the authority and duty to make arrests based on probable cause, and to execute criminal process, such as search warrants, within the City limits. Although the Department does not actually execute arrest warrants, as this responsibility is delegated by statute to the Sheriff, its law enforcement officers may arrest on probable cause that a confirmed arrest warrant exists. Only law enforcement officers are to conduct criminal processes and arrests. III. DEFINITIONS: Probable Cause: Where the facts and circumstances within the law enforcement officers' knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that an offense has been or is being committed. Strip Search: Having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual or manual inspection of the genitals, buttocks, anus, breasts, in the case of females, or undergarments of the arrested person. IV. ARREST PROCEDURES: A. ARRESTS: 1. Florida Statutes provide the authority to LEOs concerning arrests and searches of arrested persons. 2. The Department will periodically issue training bulletins or court decisions that affect the LEOs’ conduct in arrest situations. Effective: January 1, 1989 Revised: November 13, 2017 Criminal Process, Arrests, and Searches Directive No. 74.300 Page 1 of 10 3. The arresting LEO and his/her supervisor shall be responsible for notifying command staff of any release (unarrest) of a detainee. 4. As the laws regarding arrests and searches are constantly changing, it is incumbent on all personnel, especially supervisors, to be well informed. B. ARREST PROCEDURES WITH A WARRANT: 1. When taking a person into custody, based on a confirmed arrest warrant or capias, the following procedures shall be observed: a. Verify the existence of a warrant, and if it is still valid, obtain a physical description of the person for whom the warrant is issued. b. Compare the physical description, e.g., scars, tattoos, etc. of the person described in the warrant with the person in custody to verify that the person in custody is, in fact, the person who is wanted under the warrant. c. If there are discrepancies, attempt to have a photograph, if available, emailed or faxed to the Department in order to verify the identity. d. If available, have the fingerprints e-mailed or faxed in order to allow a fingerprint comparison to be completed. e. If there is a discrepancy, or the officer cannot verify the person’s identity by photograph or fingerprint comparison, DO NOT ARREST. f. Note all the steps taken to verify the identity in the Reporting Officer's Narrative. C. PROCEDURES FOR ARREST WHERE NO WARRANT EXISTS: 1. When arresting a person without a warrant, the following procedures shall be observed, in order, whenever possible. a. Determine which violation of the law has been committed and inform the person to be arrested of the LEO’s authority and the cause of arrest in accordance with FSS 901.17. b. Handcuff and search the arrested person, if applicable in accordance with FSS 901.21 and 901.211. c. If applicable, advise the arrested person of his/her Miranda Rights prior to any questioning of the person. d. Transport the arrested person to the Temporary Detention and Processing Facility in accordance with Standard Operating Procedure 71.01, Detainee Transportation. Effective: January 1, 1989 Revised: November 13, 2017 Criminal Process, Arrests, and Searches Directive No. 74.300 Page 2 of 10 e. Process the detainee in accordance with Departmental Standards Directive 72.100 Detainee Processing. f. A LEO may make a warrantless arrest pursuant to the requirements outlined in FSS 901.15. g. Whenever there is any question as to whether probable cause for an arrest exists, an arrest warrant should be obtained. h. If probable cause is based solely on an identification from a photo lineup, then an arrest warrant shall be obtained unless failure to make a physical arrest would result in destruction of physical evidence; or compromise the safety of victims or witnesses; or flight of the suspect from the Department’s jurisdiction. i. Factors such as the violent nature of the crime, the likelihood of repeat offenses, and the reliability of the identification should be included. j. In any other situation, the LEO should obtain an arrest warrant prior to arresting the violator. k. For organized crime and vice/narcotics investigations, the following guidelines shall apply: i. On buy/bust seller/purchasers. investigations, the LEO may arrest the ii. If it is known that there will be another person with the seller/purchasers, the LEO should attempt to file for an arrest warrant prior to arrest. iii. For other investigations, the LEO shall attempt to obtain an arrest warrant prior to arrest, unless the LEO has probable cause to believe that evidence will be destroyed or that the suspect will flee before the warrant can be obtained. l. It is the policy of the Boca Raton Police Department to permit the audio and video taping of officer/citizen encounters, including traffic stops, by any person so long as the recording does not interfere with the LEO’s conduct of official police duties. Appropriate enforcement action may be initiated when citizen recorders physically interfere with the LEO’s official duties or otherwise cause an unlawful disturbance of the peace. However, any criminal charges will not include "interception of an oral communication" pursuant to FSS Chapter 934. D. PROCEDURE TO OBTAIN ARREST WARRANT: 1. The LEO will discuss with the supervisor the exigency of applying for an arrest warrant. Effective: January 1, 1989 Revised: November 13, 2017 Criminal Process, Arrests, and Searches Directive No. 74.300 Page 3 of 10 2. If the crimes are misdemeanors or non-violent crimes, the LEO shall prepare a Probable Cause Affidavit/Arrest form. The Department’s court liaison will file the paperwork and obtain the arrest warrant. 3. When exigent situations exist which necessitate the immediate issuance of an arrest warrant, the LEO will “walk the warrant through”. The LEO will follow the Palm Beach County State Attorney’s Office Warrant/Subpoena Protocol. (See Appendix A.) 4. These exigent situations may be determined through consideration of the following questions: V. a. Is the suspect dangerous? b. Is the suspect likely to further victimize citizens? STRIP SEARCH PROCEDURES: 2.01 A. Strip searches of individuals without an arrest in the field may be conducted only in the following circumstances: 1. 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 2. 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. 3. Otherwise, a warrant shall be obtained or an arrest made before a strip search is conducted. B. If there is probable cause for a strip search, the LEO shall obtain the written authorization of an on-duty supervisor before conducting the strip search and shall document the authorized strip search in the Probable Cause Affidavit and/or the Incident Report. 1. No person arrested for a traffic, regulatory, or misdemeanor offense, except in a case that is violent in nature, or involves a weapon or controlled substance, shall be strip searched, unless there is probable cause that the individual is concealing a weapon, a controlled substance, or stolen property. 2. In accordance with FSS 901.211 a person of the same gender as the arrested person shall perform the strip search on premises where other persons, who are not physically conducting or observing the search, cannot observe the search. 3. LEOs shall, whenever possible, conduct strip-searches in a cell outside of camera observation. 4. Whenever an LEO, during the search of a detainee, discovers weapons, contraband, or items of evidence, the LEO shall take all reasonable precautions to preserve and protect the evidentiary value and maintain the chain of custody of the items. Effective: January 1, 1989 Revised: November 13, 2017 Criminal Process, Arrests, and Searches Directive No. 74.300 Page 4 of 10 VI. BODY CAVITY SEARCH PROCEDURES: 2.01 A. Unless there is a legitimate medical reason or medical emergency justifying a warrantless search, a body cavity search shall be conducted only after a search warrant is issued that authorizes the search. B. In any case, a body cavity search shall be conducted under sanitary conditions and only by a physician, or a registered nurse or licensed practical nurse, who is registered or licensed to practice in this state. C. If there is probable cause for a body cavity search, the LEO shall obtain the written authorization of an on-duty supervisor before taking the arrestee to an appropriate medical facility where trained medical personnel will conduct the body cavity search. 1. The arresting LEO shall document the authorized body cavity search in the Probable Cause Affidavit and/or the Incident Report. VII. SEARCH WARRANT PROCEDURES: A. SEARCH WARRANTS: 1. Search warrants are a type of criminal process that may be executed by Department LEOs. 2. FSS 933.07 through 933.18 provide specific instructions regarding the execution of search warrants. B. DRAFTING OF THE WARRANT: 15.08 1. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated. 2. Search warrants shall only be issued upon sufficient “probable cause,” supported by oath or affirmation “particularly describing” the place to be searched and the person and/or item to be seized. 3. The search warrant should include the following at a minimum: a. Information concerning the LEO’s education, experience, and knowledge, showing his/her qualifications to gather pertinent information necessary for a search warrant. b. Detailed affidavit describing the probable cause used that led to the belief the contraband items are in the person, place, or item to be searched. c. Documentation “particularly describing” the item to be searched in such a manner as to distinguish it from all others. Effective: January 1, 1989 Revised: November 13, 2017 Criminal Process, Arrests, and Searches Directive No. 74.300 Page 5 of 10 d. Description of all items to be searched and/or seized pursuant to the warrant. 4. A “search warrant checklist” is also available through an Investigative Services Bureau supervisor, who may also assist with drafting search warrants. C. APPROVAL PROCESS: 15.08 1. The investigating LEO, after establishing probable cause as enumerated above, shall submit the warrant/affidavit to his/her immediate supervisor for approval. 2. The warrant/affidavit shall then be submitted to the State Attorney’s Office for approval using the e-filing procedures as set forth in Standard Operating Procedure 74.01 Case Filing. 3. Upon approval by the State Attorney’s Office, the warrant/affidavit shall be presented to a judge or magistrate for issuance. D. EXECUTION OF THE WARRANT: 15.08 1. The search warrant shall when possible be served by the affiant officer/detective or an officer involved in the investigation. 2. All narcotics search warrants involving “knock and announce” entries shall be discussed with the Special Weapons and Tactics (SWAT) commander and a Vice, Intelligence and Narcotics (VIN) supervisor to determine the need for the use of the SWAT Team for entry purposes. 3. The Investigative Services Bureau (ISB) commander, or his/her designee, shall approve the use of the SWAT Team for all entries involving narcotics warrants. 4. The ISB commander shall inform the chief of police or his/her designee of the search warrant. 5. All other warrants must have supervisory approval prior to execution. 6. The supervisor in charge shall consult, if necessary, with the SWAT commander on possible risks involving all other non-narcotics warrants. 7. LEOs may search only the property described in the warrant or the person named for the property specified. 8. When LEOs execute search warrants, a copy shall be delivered and read to the person named in the warrant, or in his absence, to some person in charge of, or living on, the premises. 9. A written inventory and receipt of property taken shall be delivered to the person described above or left on the premises if no person is found. Effective: January 1, 1989 Revised: November 13, 2017 Criminal Process, Arrests, and Searches Directive No. 74.300 Page 6 of 10 E. RETURN OF THE WARRANT: 15.08 1. Upon return of the warrant, the LEO shall attach an inventory of the property taken under the warrant and shall verify by affidavit. 2. Any such warrant and inventory must be returned within ten days after issuance thereof to the courts. F. SEARCH WARRANTS FOR MOBILE TRACKING DEVICES: 1. LEOs shall establish probable cause to believe either an individual is using a vehicle to commit crimes or a specific vehicle is being used to transport an individual to crime locations. 2. The search warrant is valid only for 45 days from the day it is signed, but may be renewed after that time if probable cause can be established (new application and search warrant must be obtained). 3. The tracking device must be placed on the property to be tracked within 10 days of the search warrant being issued. 4. The tracking device must be placed on the property tracked during the daytime. Daytime is defined by Rule 41 of the Federal Rules of Criminal Procedure as 6am-10pm, unless good cause is shown. 5. The tracking device must be placed on the property to be tracked within Palm Beach County. 6. The LEO executing the warrant (applying/installing the tracking device to the property to be tracked) must note the date and time the device was installed and the period during which it was used. This will be noted on a specific location on the search warrant. 7. The property being tracked may be monitored as it travels outside of Palm Beach County. 8. The person whose property is tracked must be given a copy of the warrant within 10 days after the use of the tracking device has ended. However, FSS 119.071(2)(c)1, exempts active criminal intelligence information and active criminal investigative information from public inspection. 9. The warrant must be returned to the judge designated in the warrant (the judge who signed the warrant). 10. An Inventory and Return document must be completed as required for search warrants. The information on this document will consist of the data obtained from monitoring the Global Positioning System (GPS) unit. Effective: January 1, 1989 Revised: November 13, 2017 Criminal Process, Arrests, and Searches Directive No. 74.300 Page 7 of 10 11. Should the investigation remain active and open after the expiration of the order or if the tracking device is no longer being used and the investigation is still open and active, the State will seek an order sealing the search warrant, affidavit and inventory and return. G. CELLULAR TELEPHONE LOCATION “PINGING” REQUESTS: 1. State and federal law recognize three different scenarios under which the government tracks movements through the acquisition of cell phone location data: a. Historical cell phone location data, b. Real-time cell phone location data, and c. Actively “pinging” a cell phone for location data 2. Acquisition of this data is considered a “search” which requires a warrant based on probable cause or there exists an exception to the warrant requirement. Most often the exception is one based on exigent circumstances. 3. Examples of exigent circumstances where an LEO can request cell phone location data include: a. Active kidnappings b. Missing persons in imminent danger of serious injury or death c. Suicidal persons communicating an imminent threat 4. A request for cell phone location /“pinging” data must meet all of the following requirements: a. An immediate threat of serious injury or loss of life b. There is no time to obtain a court order or a warrant c. Belief that the cell phone number is subscribed to or is in the possession of the person to be located or is otherwise believed to likely determine the location of the person d. Other means to locate the person have been attempted and were unsuccessful or employing other means would likely be unsuccessful or delay would create a substantial risk of serious injury or loss of life 5. LEOs requesting cell phone location/pinging data shall contact their supervisor and provide the information consistent with the requirements stated above. Effective: January 1, 1989 Revised: November 13, 2017 Criminal Process, Arrests, and Searches Directive No. 74.300 Page 8 of 10 6. The LEO supervisor will contact the on-duty ISB personnel or, if none are immediately available, public safety dispatcher supervisor and provide the information required by the appropriate cell phone service provider. H. LAWS OF SEARCH AND SEIZURE: 1. The following are exceptions to the search warrant requirement: a. Inventory b. Plain view doctrine c. Consent search d. Stop and frisk e. Search incident to lawful arrest f. Exigent circumstances g. Protective sweep 2. A LEO may search a person, vehicle, home, or property without a warrant, if given voluntary written or oral consent by a person authorized to give such consent. Oral consent is sufficient if: a. The person declines to give written consent; and b. It is unreasonable, based on the circumstances, for the LEO to request written consent. c. 3. Oral consent is either witnessed by another LEO or audio/video recorded. Written consent is always preferable. 4. A vehicle may be searched without a warrant if the LEO has probable cause to believe that a vehicle contains evidence or contraband, and it may be impossible to obtain a warrant before the vehicle is moved. 5. Vehicle/vessel search incident to arrest/tow standardized criteria: a. A LEO shall conduct an inventory search of every vehicle/vessel when the owner and/or driver are placed under arrest. b. At the minimum, the Tow Receipt shall contain the following information: date, time, and location, reason for removal or tow, and an inventory of contents. c. The inventory shall include all packages, containers, bags or similar objects (open, closed or locked) located within. Effective: January 1, 1989 Revised: November 13, 2017 Criminal Process, Arrests, and Searches Directive No. 74.300 Page 9 of 10 d. Items of evidence located within the vehicle/vessel shall be removed and placed into evidence by the impounding LEO. Personal items shall be left in the vehicle and wallets/purses shall remain with the detainee. 6. LEOs who wish to frisk a person must abide by FSS 901.151, the Florida Stop and Frisk Law and applicable court precedent. 7. At the scene of a crime, a LEO must obtain a search warrant before conducting a search subsequent to the initial processing of the scene. a. If there are exigent circumstances, or a valid written consent by the proper party, the LEO need not seek a search warrant. b. “Proper party” means a party who is authorized to give consent to search the particular premises. 8. A LEO may make a warrantless search, very limited in scope, when exigent circumstances justify it. These circumstances can include public safety or reasonable suspicion that danger or harm will occur to the police or others if the LEO has to wait to obtain a warrant. 9. If a LEO returns to a crime scene, the LEO must obtain either consent to search from a proper party or a search warrant before conducting a search of the scene, unless one of the two aforementioned circumstances exist, e.g. exigent circumstances or proper consent. 10. A LEO may also conduct a warrantless search in any other situation that is authorized by state or federal legal decisions. Approved: Daniel C. Alexander Chief of Police Effective: January 1, 1989 Revised: November 13, 2017 Date: Criminal Process, Arrests, and Searches Directive No. 74.300 Page 10 of 10