St. Johns County Sheriff's Office Search and Seizure Policy 1.4 PDF

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Search and Seizure Policy 1.4 Effective Date: 06/30/2006 Amended Date: 08/15/2023 ACCREDITATION STANDARDS CALEA: 1.2.4, 1.2.8 CFA: 2.01 FCAC: 14.05, 14.06 FLA-TAC: FMJS: 4.3 Discussion: As a general rule, a search must be supported by a v...

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Search and Seizure Policy 1.4 Effective Date: 06/30/2006 Amended Date: 08/15/2023 ACCREDITATION STANDARDS CALEA: 1.2.4, 1.2.8 CFA: 2.01 FCAC: 14.05, 14.06 FLA-TAC: FMJS: 4.3 Discussion: As a general rule, a search must be supported by a valid warrant; however, there are limited exceptions to this rule. This policy provides for guidelines within the scope of the Fourth Amendment of the United States Constitution and Article I, Section 123 of the Constitution of the State of Florida, as it pertains to warrantless searches. Deputies should keep in mind in close cases a search warrant should be obtained. [1.2.4] DEFINITIONS Agency – Refers to St. Johns County Sheriff’s Office Body Cavity Search - A visual search or a manual internal inspection of body cavities for contraband, such as illegal drugs, money, or weapons. It is far more invasive than the standard strip search. [1.2.8, a-d] Strip Search - The stripping (removal of clothing, search of person and / or personal effects) of a person to check for weapons or other contraband. SEARCH / SEIZURE WITHOUT A WARRANT [1.2.4].1 Exceptions to the Warrant Requirements are listed and explained below. SEARCH BY CONSENT [1.2.4].2 Consent searches may be made on persons, vehicles, buildings, or other property upon consent of a responsible person. The following applies to all consent searches:  Consent must be freely and voluntarily given, and the deputy must be able to show such consent was voluntary  Consent is given by a person with the authority to consent  Consent may be withdrawn at any time during a search  The scope of the search may extend only as far as consent allows  A written Consent to Search Form should be used whenever possible  The deputy does not need to disclose a reason when asking. Nor does the person need to be informed they have the right to refuse Search and Seizure 1.4 Page 1 of 5 STOP AND FRISK [1.2.4].3 A stop and frisk is limited to a pat down of the outer clothing, and only when the deputy has reasons to fear for their safety..4 If the pat down fails to disclose a weapon or an item that is instantly recognizable as contraband, the frisk must be terminated. The contraband nature of an object must be immediately obvious to the deputy. VEHICLES [1.2.4].5 A warrantless vehicle search may be made to a vehicle and containers within the immediate span of control of the driver..6 All other vehicle searches should be made based on consent of the driver or execution of a search warrant. AT THE SCENE OF A CRIME.7 Once the crime scene is secured, (i.e., no exigent circumstances) the investigating deputy shall take care to comply with the legal rights of the parties involved..8 A search warrant or consent to search should be obtained before any search, unless an exception to the search warrant requirement can be clearly established. [1.2.4].9 Compliance with these guidelines is especially important when investigating serious crimes involving one or more members of a residence or when a victim and suspect have rights to the property to be searched or cohabitate in the property to be searched. EXIGENT CIRCUMSTANCES.10 Search due to exigent circumstances is allowable and includes the entering of a residence without a search warrant, to prevent the imminent use of a dangerous weapon, or to prevent the potential destruction of evidence. [1.2.4].11 A deputy may also enter to protect individuals in distress, assist victims, investigate a felony in progress, or at signs of impending danger..12 A deputy may also conduct a protective sweep based on exigent circumstances surrounding a particular arrest. This security check permits deputies to protect themselves by looking for persons in the area that may pose a danger. If a search is done due to one or more of the exigent circumstances named, the deputy may have to establish the following:  The exigency was based on the deputy’s obligation to protect life and property. The deputy must be prepared to justify their actions by showing that entry was not made for the purpose of gathering or seizing evidence  Evidence or weapons were likely to be removed or destroyed before a warrant could be obtained Search and Seizure 1.4 Page 2 of 5 INVENTORY SEARCHES OF SEIZED VEHICLES OR PROPERTY [1.2.4].13 The seizing deputy, prior to forfeiture, shall conduct a complete vehicle impound inventory, to include:  Trunk  Glove box  Locked / unlocked luggage  Containers  Compartments.14 Anytime probable cause develops that there may be fruits of a crime or concealed illegal narcotics, the deputy shall stop the search, seal the vehicle, and obtain a search warrant before resuming the search..15 After the search, the seizing deputy shall secure the vehicle and property:  Windows will be rolled up and doors locked  Security seals will be placed on all doors, the hood, & trunk  Evidence will be properly packaged, marked and stored  All property which is deemed not to be evidence will be released immediately to the owner OTHER SITUATIONS AUTHORIZED BY STATE AND FEDERAL CONSTITUTIONAL PROVISIONS [1.2.4] Search Incident to Arrest.16 The area within the arrestee’s immediate presence may be searched for weapons and evidence. Search incident to arrest is for the purpose of protection from attack, escape and discovering the fruits of a crime. If the arrest occurs within a building, the search is allowed to the following extent:  A check of other rooms and closets for other accomplices or wanted persons or to protect self or associates from possible attack  During room checks, items of evidence in plain view may be seized  This search is limited in scope and doesn’t include drawers, files, or outlying buildings or vehicles parked outside, without first obtaining a search warrant.17 If the arrestee is an occupant of a motor vehicle, a warrantless search of the vehicle may take place only when the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search or when it is reasonable to believe evidence relevant to the crime of the arrest might be found in the vehicle. (Citing Gant and Katz v. U.S.) Search and Seizure 1.4 Page 3 of 5 Plain View Doctrine.18 A deputy may seize evidence or contraband pursuant to the plain view doctrine when three (3) conditions are present. The deputy must be able to articulate the circumstances comprising of the following three (3) conditions:  The deputy has the right to be on the premises where the item seized is observed,  The item seized is seen in plain view, and  The incriminating nature of the item is immediately apparent Abandoned Property.19 Abandoned property holds no reasonable expectation of privacy and therefore can be searched.  The determination if an item is abandoned is based on surrounding facts and what society would reasonably conclude STRIP SEARCH AND BODY CAVITY SEARCH [1.2.8, a-d] [CFA 2.01] [FCAC 14.05] [FMJS 4.3] Juvenile Strip or Body Cavity Search.20 All strip and body cavity searches will be in accordance with F.S. 901.211..21 If a juvenile meets the criteria of a strip or cavity search, the situation will be handled in the same manner as set forth in this policy below. Every attempt will be made to give parental notification of the search. Strip Searches.22 Strip Searches will not be conducted by Law Enforcement deputies in the field. Strip Searches will be conducted at the agency’s detention facility..23 A strip search shall not be conducted without obtaining the written authorization of the Corrections Shift Leader (Strip Search Authorization (SJSO-559))..24 Each strip search shall be performed by a person of the same gender, gender identity, or gender expression as the arrested person and on premises where the search cannot be observed by persons not physically conducting or observing the search..25 A deputy of the same gender, gender identity, or gender expression must be present during the search for the purpose of chain of custody should any evidence be found..26 Any observer shall be of the same gender, gender identity, or gender expression as the arrested person..27 Any strip search must be performed under sanitary conditions..28 Persons arrested for traffic, regulatory, or misdemeanor offenses, except in cases of violent crime involving weapons, or controlled substances, shall not be strip-searched. Unless there is probable cause to believe the individual is concealing a weapon, a controlled substance, stolen property or other contraband; or a judge at first appearance has found the person arrested cannot be released either on recognizance or on bond and therefore shall be incarcerated in the county jail. Search and Seizure 1.4 Page 4 of 5 Body Cavity Search [FCAC 14.06].29 Body Cavity Searches will not be conducted by agency personnel. All body cavity searches will only be conducted by medical personnel at an approved medical facility. Exception: Law Enforcement deputies in the field may conduct a mouth search..30 In the event a deputy has a reasonable suspicion an arrestee may be concealing a weapon, controlled substance, stolen property, or other contraband in a body cavity, the deputy will maintain control and contact with the arrestee and transport the arrestee to the nearest approved medical facility. The arrestee will not be left alone for any reason..31 Written authorization for a body cavity search shall be obtained from a Supervisor / Shift Leader on duty prior to any deputy requesting such search by medical personnel at the approved medical facility. The Corrections Division’s contracted medical provider is not an approved medical facility. ____________________ Robert A. Hardwick Sheriff Search and Seizure 1.4 Page 5 of 5