Indianapolis Metropolitan Police Department Procedural Notice - PN23-003

Indianapolis Metropolitan Police Department PROCEDURAL NOTICE PN23–003 UPDATE TO GO 1.10 – SEARCH AND SEIZURE The following changes to GO 1.10 – Search and Seizure are effective immediately: I. General . . II. Warrantless Searches . . C. Vehicles 1. Vehicle Frisk ab. If...

Indianapolis Metropolitan Police Department PROCEDURAL NOTICE PN23–003 UPDATE TO GO 1.10 – SEARCH AND SEIZURE The following changes to GO 1.10 – Search and Seizure are effective immediately: I. General . . II. Warrantless Searches . . C. Vehicles 1. Vehicle Frisk ab. If an officer has reasonable suspicion to believe an occupant of a vehicle is armed or otherwise and dangerous to themselves or others, the officer may inspect the passenger compartment of the vehicle for weapons. The inspection must be limited to areas where a weapon might be placed or hidden within the driver’s and/or passengers’ scope of reach. ba. Officers do not need any suspicion to ask the occupant(s) of a vehicle to exit. 2. Automobile Exception a. An officer can make a warrantless search of a vehicle if: 1. The officer has probable cause; and 2. The vehicle was moving or about to be moved. NOTE Officers are reminded that Pirtle v. State deems a person who is asked to give consent to search while in police custody is entitled to the presence and advice of counsel prior to making the decision whether to give such consent. b. A vehicle search founded on probable cause may extend to any part of the vehicle, including unlocked closed containers found inside, in which the object of the search can be concealed. 3. Search Incident to a Lawful Custodial Arrest – Officers may search a vehicle incident to the lawful, custodial arrest of a recent occupant only when there is reasonable suspicion the vehicle contains evidence of the arrested offense(s) and the arrestee is not secured. 4. Vehicle Inventories a. In accordance with General Order 7.3 – Towing/Impounding Vehicles, any vehicle impounded by IMPD must be inventoried to protect the owner’s/occupant’s property while in police custody. Vehicle inventories do not constitute a search. b. All vehicle inventories shall be written in an employee’s field notebook, tow slip, and/or incident report. RANDAL P. TAYLOR CHIEF OF POLICE Employees Are Responsible For All Information Contained In This Directive ISSUE DATE FEBRUARY 24, 2023