Levario Policy PDF

**[CHAPTER 18 -- EYEWITNESS IDENTIFICATION]** **18.01 FIELD IDENTIFICATIONS** A. \"Field identification\" is a procedure (also known as \"confrontation,\" \"show up\" and \"one-on-one\") in which the suspect is presented singly to the witness. B. If a suspect is arrested near the scene of an offe...

**[CHAPTER 18 -- EYEWITNESS IDENTIFICATION]** **18.01 FIELD IDENTIFICATIONS** A. \"Field identification\" is a procedure (also known as \"confrontation,\" \"show up\" and \"one-on-one\") in which the suspect is presented singly to the witness. B. If a suspect is arrested near the scene of an offense and within approximately one hour after it occurs, he may be: 1\. Held at the location of his arrest for identification by the witness: or 2\. Taken to the witness for identification. J. Officers shall make a written record of the circumstances of the field identification. The record should include: 1\. A description of the place where the identification occurred, including lighting conditions; 2\. The distance during the field identification between the suspect and the witness; 3\. The number and identity of each witness who viewed the suspect during the field identification; 4\. The name of all persons present during identification; and 5\. All remarks made by witnesses, officers, the suspect, or anyone else present during the identification. **18.02 INFORMAL IDENTIFICATIONS** A. \"Informal identification\" is a procedure in which officers take a witness to observe a suspect who is at liberty, and who is usually unaware that he is being observed. B. Informal identification procedures may be used when probable cause to arrest the suspect does not exist. C. A detailed record shall be kept of all informal identification procedures, including: 1\. The date and time of any observation or identification; 2\. The exact location of any observation or identification; 3\. The approximate number of viewed persons who fit the physical description of the suspect; 4\. The suspect\'s reaction if he became aware that he was being viewed; and 5\. The witness\' reaction upon seeing the suspect. B. An Eyewitness Identification is unnecessary when: 1\. The witness could not identify the offender because he never saw him when the offense occurred; or 2\. The witness knew the identity of the suspect before the offense occurred or learned the suspect\'s identity after the offense and without police assistance; or 3\. The suspect is arrested while committing the crime. C. When there are two or more witnesses, each witness shall make his identification separate from the other witnesses. Officers shall instruct witnesses not to converse or otherwise communicate with any other witness about the identification until all of the witnesses have completed their respective identifications. [**CHAPTER 19 -- EVIDENCE COLLECTION, DESTRUCTION AND** **PROPERTY HANDLING**] **19.02 TAGGING EVIDENCE** A. Physical Evidence - Each piece of physical evidence obtained during the investigation of a crime is tagged as soon as possible, entered in the property log, and stored according to the procedures established by the BCSO. Remove Tagging is done with the appropriate forms provided for that purpose. B. Narcotics - Controlled substances or materials suspected of being controlled substances are sealed in the appropriate envelopes. The envelope is tagged with a physical evidence tag, logged, and placed in the Narcotics Drop Box. C. Narcotics Paraphernalia - Any narcotics paraphernalia will be separated from the controlled substances if possible and tagged with a physical evidence tag. The paraphernalia will be placed with other types of physical evidence and not placed in the Narcotics Drop Box. D. Hazardous Evidence - Dangerous materials are not tagged in the manner of ordinary physical evidence. Hazardous evidence is not stored in the Property Room. Arrangement for storage of such evidence is done by the assigned investigator. E. Evidence which requires processing or laboratory examination is tagged as in paragraph \"A\" of this section. Officers shall then complete a \"Lab Submission Form\" and route the form to the Evidence Unit. F. Only Evidence Technicians are assigned to process or examine evidence. They may also have this work done outside the BCSO. In either case, they sign for such evidence before removing it from the property room. The investigator notifies the Evidence Tech/Property Officer in writing of the status of the property and evidence recovered every 30 days. G. Evidence personnel only take possession of evidentiary items that require processing. **19.03 DESTRUCTION AND RELEASE OF EVIDENCE** C. Release of evidence to owners happens after the owner has properly identified the property and with proper authorization by the investigator. Court orders on all recovered property requirements are governed in accordance with Chapter 47 (CCP). The motion to the court is filed by a criminal investigator. D. Property is released at the Property Room and in accordance with Property Procedures. E. Officers and citizens are not permitted beyond the safety door of the Property Room unless authorized by Property Room Personnel. F. It takes the authorization of an Investigator and any required court orders to release property stored in the Property Room. **19.05 BLOOD AND OTHER EVIDENCE** A. Where possible, blood evidence left by the victim or the suspect at a crime scene shall be recovered by the investigating Officer or Evidence Technician. 1\. Do not package blood evidence in a plastic bag. 2\. Air-dry blood clothing if possible. 3\. Package blood evidence in a paper container or bag. B. Where possible, the Investigating Officer or Evidence Technician recovers body secretion, stains or other material of evidentiary value from the crime scene. **19.08 RESPONSIBILITY FOR PROPERTY RECOVERED FROM DECEASED PERSON** A. The Medical Examiner has responsibility for personal property and effects recovered from a deceased person. B. Evidence Personnel do not have responsibility of property released at the scene by the Medical Examiner. C. Property released at the scene by the Medical Examiner remains in the custody of the investigating officer who tags it and leaves it in the Property Room in the same manner as any other property or evidence. **19.09 PROPERTY NOT CONSIDERED EVIDENCE** A. BCSO becomes responsible for tagging and logging (in accordance with Section 19.02 in this CHAPTER) any property coming into an officer's possession for safekeeping, or for any other reason. B. The Sheriff\'s Property Room Personnel becomes responsible for such property, but will not accept custody of any property unless: 1\. It is properly tagged and logged; 2\. All required information on each item is properly included on the form; 3\. Each item is tagged and recorded individually; 4\. Small, valuable items, such as jewelry, coins, watches, etc. are, in addition, individually sealed, inventoried and placed in an evidence envelope by the submitting officer. 5\. A copy of the report is attached. **19.10 DISPOSITION OF RECOVERED STOLEN PROPERTY** C. Recovered stolen property is not to be released to its owner at the scene, unless: The recovered property qualifies under Article 38.34 of the CCP as \"shoplifted\" property or property stolen from a merchant. In such cases, the property must be photographed prior to releasing at the scene. D. Chain of Custody: The recovering officer or investigator has the responsibility for starting the \"chain of custody\" of the property which is essential for evidentiary purposes. Therefore, the recovering officer or investigator as well as each and every officer involved in handling or recovering the property must: 1\. Prepare a report concerning the recovery of the property; 2\. Forward copies of the report to the Property Room and the appropriate burglary or theft investigator assigned to the case; and 3\. Ensure that the property is properly tagged deposited and entered into the Property Room. E. All Chapter 47 (CCP) filings are routed to and prepared by Criminal Investigators, because: 1\. In most cases, the investigators file the case with the D.A. and are therefore in a better position to know whether the property must be retained as evidence; 2\. The Property Room is part of the Criminal Investigations Division and therefore, the chain of custody remains within the same division before release to the owner; and 3\. It is much easier to keep track of the status of the property. **19.11 LEGAL REQUIREMENTS REGARDING SEIZED PROPERTY** A. Deputies will seize property only if the property falls under one or more of the following categories: 1\. Recovered stolen property - Property discovered as stolen or the deputy has probable cause to believe it is stolen. Such property is seized without a warrant under Article 18.16 of the CCP. **NOTE:** Deputies need more than mere suspicion to seize suspected stolen property. The seizing officer may have to articulate tangible reasons for believing the property is stolen. 2\. Abandoned property - Property of some intrinsic value found abandoned or discovered as lost. Such property is seized for safe-keeping until its owner can reclaim it. 3\. Altered serial numbers - Property that has obliterated or altered serial numbers or vehicle identification numbers. Such property is treated as stolen property under Section 31.11 of the Penal Code. Article 6687-1 V.A.T.S. requires peace officers to seize vehicles and vehicle parts with obliterated or altered identification numbers. 4\. Contraband -- Deputies seize contraband on sight. Contraband is illegal property that is illegal for anyone to possess. Contraband can be illegal narcotics, narcotic paraphernalia, prohibited weapons, a criminal instrument as defined in § 16.01 of the Penal Code, counterfeit monies, etc. Contraband may indicate evidence of a crime. 5\. Evidence -- Deputies seize evidence of a crime based upon probable cause and the belief that the item is connected with the commission of a criminal offense and may provide proof of evidence in a criminal proceeding. Evidence may be anything including a weapon, recovered stolen property, contraband, a criminal instrument as defined in § 16.01 of the Penal Code, fingerprints, footprints, bloodstains, a written statement, etc. 6\. Weapons -- Deputies seize weapons for a variety of reasons. The weapon may be stolen, contraband such as a prohibited weapon, used in the commission of a specific crime, or because it is being unlawfully carried. All deputies need to thoroughly familiarize themselves with CHAPTER 46 of the Penal Code concerning weapons. Deputies under certain circumstances may seize and temporarily hold weapons for safekeeping to avoid potential injury in volatile situations such as family disturbances in accordance with CHAPTER 26 of the BCSO Policy and Procedure. 7\. Search warrants - Items of property specifically named in a valid search warrant. 8\. Civil attachments - Items of property specifically named in a valid court order or writ in a civil or criminal matter. 9\. Arrestee\'s property - Items of personal property belonging to an arrested subject seized and held for safekeeping. See CHAPTER 20 of the BCSO Policy and Procedure concerning Impoundment and Inventory. B. Recovered Stolen Property: 1\. Article 47.01 of the CCP requires that all Peace Officers, who come into custody of property alleged to have been stolen, must hold it subject to the order of the property court or magistrate. This means that any property an officer takes into custody, allegedly stolen, is not released to anyone, including its rightful owner or possessor, without a court order authorizing the release. Court orders on all recovered property require procedures as established in accordance with Chapter 47 (CCP). Section 19.10 of this CHAPTER. C. Disposition of Seized Weapons, Contraband, and Abandoned Property: 1\. Article 18.19 of the CCP governs the disposition of seized weapons unless the weapon is classified as a prohibited weapon. Article 18.18 governs procedures for prohibited weapons and Article 47.01A applies for stolen weapons. The assigned Investigator or Evidence Technician has responsibility for disposition of weapons. 2\. Usually an Evidence Technician disposes of contraband in accordance with Article 18.18. 3\. An Evidence Technician disposes of abandoned property in accordance with Article 18.17. 4\. The Investigator or Evidence Technician, disposing of property, coordinates all documentation for filing of motions and acquiring of a court order with BCSO legal counsel. **19.12 CRIMINAL INVESTIGATOR'S GUIDE TO THE DISPOSITION OF RECOVERED STOLEN PROPERTY** A. In General: When dealing with recovered or seized property it is important to refer to the appropriate Statue governing its disposition. Below are the applicable Statues. 1\. Chapter 47 (CCP) deals with all stolen property seized with or without a warrant. 2\. Articles 18.09 - 18.16 of the CCP deals with all items seized pursuant to a search warrant. 3\. Article 18.17 of the CCP concerns abandoned or unclaimed property. 4\. Article 18.18 of the CCP concerns the disposition of gambling paraphernalia, prohibited weapons, criminal instruments, and contraband. 5\. Article 18.181 of the CCP involves the disposition of explosive weapons and chemical dispensing devices. 6\. Article 18.19 of the CCP disposes of seized weapons that are not prohibited. 7\. Article 38.34 of the CCP concerns shoplifting and thefts from merchants. 8\. Article 6687-1 §49(d) (1-7) concerns the disposition of motor vehicles and vehicle parts with altered or obliterated serial numbers. **NOTE:** Deputies need a magistrate or Court Order to dispose of any property. **[CHAPTER 21 -- INVESTIGATION OF CHILD ABUSE AND NEGLECT]** **21.01 DEFINITIONS** A. Abuse -- Non accidental infliction or threat of infliction of physical injury or emotional or mental damage to a child by a person responsible for the child\'s health or welfare. B. Bodily Injury - Physical pain, illness, or any impairment of physical condition. C. Child - For the purposes of this CHAPTER, a child is a person under 18 years of age who is not and has not been married or who has not had his disabilities of minority removed or general purposes. Under statutes regarding crimes against children, however, the age of a \"child\" varies from under 14 to under 17. H. Emotional Neglect - Failure of the parent or caretaker to provide adequately for the developmental needs of the child (such as stimulation and affection) and to provide consistent care for the child. J. Lack of Supervision - A failure of parents to account for a child\'s actions and whereabouts. K. Medical Neglect - A failure of parents to secure necessary medical, surgical, or psychiatric treatment to correct some condition in the child. EXAMPLES: A long term failure to treat a seriously ill child, a malnourished child, or an emotionally disturbed child. **21.03 REPORTING CHILD ABUSE AND NEGLECT - IN GENERAL** under Section 34.07, Penal Code. C. Patrol Officers (or dispatchers) who receive a report of child abuse or neglect from an individual by telephone or otherwise shall attempt to obtain the following information: 1\. Name, age, and address of the child; 2\. Name and address of the parents or persons in charge of the child; 3\. The incident or injury that prompted the report, or details to support the belief that child abuse has occurred; 4\. The present condition of the child; and 5\. Any sibling at the home. **21.04 RESPONDING TO REPORTS OF CHILD ABUSE OR NEGLECT - IN GENERAL** B. Patrol Officers and/or investigators responding to a report of child abuse or neglect shall act based on: 1\. The assessment of injury to the child; 2\. The potential risk to the child; 3\. The social agencies available to assist him at various times; and 4\. Community standards. G. The procedures for investigation of sexual assaults of children are the same as for adults except that the child\'s age must be taken into consideration. **21.06 INTERVENTION REQUIREMENT** A. Patrol officers and/or investigators must intervene on behalf of a child, whether in the home or otherwise, whenever: 1\. A child has suffered serious bodily injury as a result of neglect or lack of supervision; 2\. Substantial likelihood exists that a child is in imminent danger of physical injury, either inflicted non-accidentally or as a result of neglect or lack of supervision; 3\. A child has been sexually abused; or 4\. A child needs immediate medical attention to prevent death, severe disfigurement, or substantial impairment of bodily functions, and parents are unwilling or unavailable to provide or consent to needed treatment. B. If patrol officers encounter a child in distress outside the home, they shall: 1\. Identify the child\'s parents, or person in charge, whenever possible; 2\. Whenever possible, notify the parents or person in charge of the child of the child\'s condition; 3\. Take the child and return him to the parents or person in charge; 4\. If a child refuses to return home, refer the child to the Criminal Investigations Division. 5\. When appropriate, take the child to a medical facility where the parents (designated persons) can give consent for treatment; or 6\. Notify the Criminal Investigations Division or DFPS if the parents cannot be reached to permit follow-up investigation. **21.07 EMERGENCY REMOVAL -- GENERALLY** D. Upon removal of the child, the patrol officers shall: 1\. Deliver the child to the proper medical facility for examination, and contact CID if injuries are involved. DFPS will be notified in all cases, or 2\. Deliver the child to a pre-designated temporary shelter. **21.10 UNATTENDED CHILDREN IN CARS** A. Penal Code Sec. 22.10 makes it a Class C misdemeanor to leave a child in a motor vehicle for longer than five minutes, knowing that the child is: 1\. Younger than 7 years of age; and 2\. Not attended by an individual in the vehicle who is 14 years of age or older. B. Violations of Penal Code Sec. 22.10 Leaving a Child in a Vehicle may warrant custodial arrest if the circumstances are aggravated. In non-aggravated circumstances, when proper conditions are met, violators will be issued misdemeanor arrest citations. D. Examples of the kind of aggravated circumstances which may warrant custodial arrest include: 1\. The child is placed in immediate danger; 2\. Child was left longer than thirty minutes; or 3\. Offender is intoxicated or otherwise incapable of responsible care. **21.11 SHERIFF\'S OFFICE PROCEDURES IN ALL CASES** A. All reports alleging child physical/sexual abuse/neglect will be received on a 24 hour basis as mandated by State law, CHAPTER 34 Texas Family Code. Upon receipt of a routine referral, a determination will be made regarding the emergency nature and need for child protection. At this time, an officer shall be dispatched to the scene. **[CHAPTER 22 -- JUVENILE PROCEDURES]** **22.01 DEFINITIONS** A. Child - a person who is at least ten (10) years of age and under seventeen (17). D. Truancy - The unexcused voluntary absence of a child from school. E. Runaway - Voluntary absence of a child from his home without the consent of his parent or guardian for a substantial length of time or without intent to return. **22.02 TAKING INTO CUSTODY** A. An officer may take a child into custody: 1\. Pursuant to an order of the Juvenile Court. 2\. Pursuant to the laws of arrest; or 3\. If there are reasonable grounds to believe that the child has engaged in delinquent conduct or conduct indicating a need for supervision. D. No child under the age of ten (10) may be held criminally responsible. Offenders under the age of ten (10) shall be released to their parents. If parents or persons responsible for the child cannot be located, officers shall contact the Criminal Investigation Division or the Division of Human Resources. Offense reports shall be completed and forwarded to the Criminal Investigations Division. The parents of the offender may be civilly responsible for acts committed by children under the age of ten (10). **22.03 HANDLING JUVENILES WHO DO NOT QUALIFY FOR BOOKING** B. Detention Procedures 1\. A child taken into custody and not released with a warning will be: a\. Taken to the Bexar County Juvenile Detention Center, or b\. An approved shelter in accordance with Subsection 22.05 of this CHAPTER, or c\. Taken to the Criminal Investigation Division only if the offense is of a serious nature requiring immediate follow-up investigation. 2\. A child brought to the Sheriff\'s Office cannot be held there for more than four hours. **22.04 THE HANDLING OF STATUS OFFENDERS** A. Definitions Status Offense - for purposes of this CHAPTER, Status Offenses are runaway and truancy. B. Truants: During school hours, truants shall be transported to their school and released to a school official. C. Out of Town Runaways: Runaways from out-of-town shall be transported to the Juvenile Detention Center to AWAIT TRANSFER TO THEIR JURISDICTION. D. Runaway: Runaways shall be released to their parents unless, juveniles refuse to return home and there is the likelihood that they will runaway within a short period of time, or there is no responsible person present to accept custody of the child. **22.05 FOLLOW-UP PROCEDURES** B. Interviews with students while in school: 1\. Elementary Schools (suspects, victims, and/or witnesses) - Any interview of an elementary school child requires the notification of the parent and allowance of time for the parent to arrive prior to the beginning of the interview. Regardless of whether the parent attends, the interview shall take place in the presence of a school official. Removal of the child should be restricted to the most serious cases and only after the parent is advised in advance of the removal. The principal or designated representative shall be advised before the student is removed. **[CHAPTER 26 -- DOMESTIC DISTURBANCES]** **26.01 DEFINITIONS** A. Assault - A criminal act which causes bodily injury to another, including one's spouse; a threat against another, including one's spouse, of imminent bodily injury: any threat against another, including one's spouse, made while brandishing a deadly weapon. B. Bodily injury - Physical pain, illness, or any impairment of physical condition. E. Deadly Weapon - A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or anything that in the manner of its use or intended use can cause death or serious bodily injury. L. Mediation - Guiding a discussion of the disputants about their problem to assist them in reaching agreement on a course of action that will end the immediate controversy. N. Probable Cause - That total set of apparent facts and circumstances based on reasonably trustworthy information which would warrant a prudent person (in the position of and with the knowledge of the particular peace officer) to believe something, for example, that a particular person has committed some offense against the law. P. Serious Bodily Injury - Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member organ. **26.04 ENTRY AND INTERVENTION ON PRIVATE PREMISES** A. Where one of the parties to a domestic dispute requests police intervention, the officers may enter the premises even if any other party objects. **26.05 REMEDIES** A. In order to reduce tension between disputing parties and to minimize potential for violence, officers should apply the most appropriate remedy that will prevent future violence. B. Possible remedies (generally listed in ascending order of the degree of intervention) include: 1\. Mediation 2\. Informing disputants of appropriate social, medical, or legal services. 3\. Temporary voluntary separation; 4\. Informing the disputants of possible criminal liability; 5\. Informing the disputants of civil protective order, peace bond, and complaint procedures; 6\. Voluntary surrendering of weapons(s); 7\. Temporary and limited physical restraint; and 8\. Arrest. **26.08 OTHER OFFENSES AND SITUATIONS** E. Family Protective Orders 1\. In approaching a possible domestic dispute, officers should keep in mind that a Family Protective Order under CHAPTER 71 of the Texas Family Code may be in effect. 2\. Under Art. 5.05 (c), Code Crime. Proc., an officer who is presented a certified copy of a protective order must accept it as valid unless it reflects an expired termination date or is more than one year old from its execution date. 3\. If officers otherwise suspect a protective order may be in effect, they shall contact the dispatcher. 4\. A person violates Penal Code Sec. 25.08 if he does any of the following acts and he has been ordered not to do such act in a family protective order: a\. Commits family violence, b\. Directly communicates with a member of the family or household in threatening or harassing manner, or c\. Goes to or near the residence or place of employment or business of member of the family or household as specifically described in the protective order. 5\. An officer who has probable cause to believe an offense under Sec. 25.08 has been committed may arrest the offender without warrant whether or not the offense was committed in the officer's presence. **[CHAPTER 28 -- EXECUTION OF ARREST WARRANTS]** **28.01 DEFINITIONS** A. Arrest Warrant: Is a written order issued by a magistrate (on a showing of probable cause) and directed to a peace officer, commanding him to arrest a named or described person. B. Probable Cause: That total set of apparent facts and circumstances based on reasonably trustworthy information which would warrant a prudent person (in the position of and with the knowledge of the particular peace officer) to believe something, for example, that a particular person has committed some offense against the law. C. Reasonable Suspicion: An officer's rational belief, based on credible and articulate information and circumstances, that an offense may have occurred or that a particular person may have committed on offense. **28.02 GENERAL DUTIES** C. Officers shall presume that any arrest warrant, which appears in proper form, is valid. To be in proper form and valid on its face, an arrest warrant shall: 1\. Issue in the name of the "The State of Texas"; 2\. Specify the name of the person whose arrest is ordered (if name unknown), specify some reasonably definite description); 3\. State that the person is accused of a named state offense; and 4\. Be signed by the magistrate (whose office must be named). E. If the warrant lacks proper form, the officer shall not execute it but shall return it to the magistrate who issued it. F. If officers have any question about the details or current validity of an arrest warrant, they shall verify the information on the warrant before making an arrest based on such warrant. Officers shall automatically verify the accuracy of any arrest warrant issued 30 days or more before the date of execution. **28.03 GENERAL PROCEDURES** A. Officers need not have actual physical possession of an arrest warrant in order to executive it. B. In executing an arrest warrant, whether or not the warrant is in possession, officers shall announce to the person being arrested that the arrest is made pursuant to an arrest warrant. If officers have the warrant in possession, they shall show it to the arrestee. If the officer does not possess the warrant they shall tell the arrestee the offense charged and where the warrant originated. **[CHAPTER 29 -- EXECUTION OF SEARCH WARRANTS]** **29.01 DEFINITIONS** A. Curtilage: The yard and buildings which relate to domestic activities and 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. B. Exigent Circumstances: An emergency or unforeseen occurrence or combination of circumstances which requires an officer to act immediately. For example, exigent circumstances may exist if: 1\. A wanted suspect may escape; 2\. Bodily injury may occur; 3\. Evidence will be lost or destroyed; or, 4\. Serious damage to property, real or personal may occur. C. Mere Evidence: Property or items (but not contraband or a fruit or instrumentality of a crime) constituting evidence of an offense or tending to show that a particular person committed an offense. F. Search Warrant: A written order, issued by a magistrate (on a showing of probable cause) and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate. **29.02 GENERAL DUTIES** C. Officers shall presume that any search warrant, which appears in proper form, is valid. To be in proper form and valid on its face, a search warrant should: 1\. Run in the name of \"The State of Texas\"; 2\. Identify the property to be seized and the person, place, or thing to be searched; 3\. Command any peace officer of the proper county to conduct the search immediately; and 4\. Be dated and signed by the magistrate. E. If the search warrant lacks proper form, officers shall not executive it but shall return it to the magistrate who issued it. A warrant lacks \"proper form\" if it appears on its face to be incorrect or if it contains significant errors in identifying the place to be searched or the property to be seized. F. Whenever officers execute a search warrant, they shall bring it with them to the scene and exhibit it to the person, if any, in charge of the premises. G. In order to obtain consent to search, or otherwise, officers shall never falsely represent to any person that a search warrant has been issued or that officers can obtain a search warrant when there is not enough probable cause to obtain one. **29.03 TIME SEARCH** A. Days allowed for a warrant to run. The time allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution, is: 1\. 15 whole days of the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples; or 2\. Three whole days if the warrant is issued for a purpose other than that described by Subdivision (1). B. The time of day for executing the search warrant shall be based on the following rules: 1\. Whenever possible, execute during daylight, unless circumstances make this dangerous or impractical. 2\. Execute when resistance is least expected and best controlled. 3\. Minimize the inconvenience to persons who may be on the premises to be searched unless other circumstances make this impractical. 4\. Balance the safety, effectiveness, and convenience of officers and occupants. **29.04 SCOPE OF SEARCH** A. Officers shall only execute the search warrant and make the search at a place described in the warrant. 1\. Officer may search all buildings or structures, within the curtilage of the described place, where the items sought may be kept. 2\. If a warrant describes the replace to be searched as a limited portion of larger premises, officers may not extend the search to other, unnamed portions. B. Officers shall only search for items named in the search warrant. Officers shall not search those places or things which could not contain or conceal the items described in the search warrant. C. Officers may under the plain view doctrine seize items not named in the search warrant, but discovered during a lawful search, if they have probable cause to believe they are contraband, fruits of a crime, stolen property, evidence of a crime, or instrumentalities of a crime. D. A person may not be detained merely because he is found at the scene of a search warrant execution, but he may be detained: 1\. If he is an occupant of the premises (that is one who occupies the place as an owner or tenant); or 2\. If officers possess reasonable suspicion that he is or has been involved in criminal activity. E. A valid detention may be maintained for as long as the search is being conducted. The search shall be diligently pursued and completed. F. Officers may not search a person merely because he is found on the premises, but may search a person: 1\. Incident to a lawful arrest of that person, in accordance with CHAPTER 16, Warrantless Search and Seizure; 2\. If the warrant directs that a named or adequately described person be searched, he may be searched for the items sought in the warrant; 3\. If officers have reasonable suspicion that a particular person is armed and dangerous to the officer or other person (such a search is limited to a weapons frisk; a search for seizable property may not be made on this basis); or 4\. If officers develop probable cause to believe the suspect has seizable property on his person. 5\. Search for proof of identification. **29.05 SEARCH PROCEDURE** C. Officers shall enter the premises by the least forceful means possible under the circumstances. 1\. Subject to the exception in paragraph 2, below, when seeking to enter private premises, officers shall ring the doorbell or knock on the door, announce their identity and purpose, and demand admittance. They shall then wait, for a reasonable time under the circumstances, to be admitted. **[CHAPTER 35 -- CHILD PORNOGRAPHY INVESTIGATIONS]** **35.03 PROCEDURE** D. Any investigation that involves child pornography shall immediately be brought to the attention of the investigating officer's direct supervisor.