I. AUTHORITY

This policy is issued under authority granted to the Chief Probation Officer.

 

II. PURPOSE

The purpose of this policy is to identify the proper use and conduct of warrantless searches authorized by conditions of probation.

 

III. APPLICABILITY

This policy applies to deputy probation officers that may conduct searches in accordance with the warrantless search order of any criminal/juvenile court and as part of an individual probationer’s case plan or in the interest of community safety.

IV. BACKGROUND

Probationers are often subject to warrantless searches, as a condition of probation, of their persons, property, dwellings and vehicles.  The intent of this policy is to provide officers with guidance in determining the most appropriate course of action when conducting searches.

V. GENERAL POLICY

 Definitions

• Serious Bodily Injury:  Serious impairment of physical condition, including but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing, and serious disfigurement. 
• Reasonable Necessity: a delay in action would create substantial and unreasonable risk to Officers or others possibly resulting in serious injury or death.
• Imminent Danger:  a significant threat that a Peace Officer reasonably believes will result in death or serious bodily injury to themselves or to other persons. Imminent danger is not limited to “immediate” or “instantaneous”. A person may pose an imminent danger even if they are not at the very moment pointing a weapon at another person.
• Exigent Circumstances: an emergency situation requiring swift action to prevent imminent danger to a person’s life and safety or imminent escape of a suspect that poses a danger to officers or the public.
• Forced Entry: gaining initial entry through a locked or secured barrier by means sufficient to cause damage.
• Probation Search: a search authorized by a term or condition of probation which has been ordered by a court
• Reasonable Suspicion: enough facts and information to make it reasonable to suspect that criminal activity is occurring, and the person detained is connected to that activity.
• Plain View Searches: limited visual searches of an area where item(s) are viewed without the movement or manipulation of containers, barriers, etc.

1.  Individuals with specific orders from the court to submit to searches may be searched in accordance with those orders.
   1.  The search or seizure of a cellular/mobile phone, smart phone, computers or other electronic devices used to transmit or store digital information requires a specific order from the court or a search warrant for the purpose of searching/seizing electronic devices 
2.  Searches shall be conducted for rehabilitative or law enforcement purposes.  Searches shall never be conducted for arbitrary or capricious reasons or to annoy or harass.
3.  Probation searches of residences/ shall be conducted by no fewer than two (2) Probation officers or one (1) Probation officer assisted by another law enforcement agency.
4.  All searches shall be conducted in a professional and reasonable manner.  Care shall be taken to avoid damaging the probationer’s property.
5.  All searches conducted shall be documented in the case notes.  Required documentation includes:
   1.  Date
   2. Time
   3. Personnel present (if known)
   4.  Property seized
   5.  Damage to property as a result of the search or entry.  
6.  If the residence was unoccupied when searched, Officers shall leave a note of their presence for the returning residents.  Any exception should be noted in Monitor.
7.  If entry is forced and the residence is left unoccupied, probation officers shall, to the best of their ability, secure the residence where the forced entry occurred.
8.  Nothing in this policy is intended to prevent officers from clearing any part of the residence or property for officer safety purposes.  
9.  If forced entry is the only way into a dwelling the officers shall:
   1.  Notify the local Law Enforcement Agency of the intent to force entry; and
   2.  Knock and give notice and wear Probation Department identifying clothing; and 
   3. Time and circumstances allowing, obtain approval from a Supervising Deputy Probation Officer (SDPO), Chief Deputy Probation Officer (CDPO), Assistant Chief Probation Officer or the Chief Probation Officer, prior to forcing entry; and 
   4. Have a reasonable belief that the probationer is inside and one or more of the following is present: 
      1.  that a necessity for entry exists to prevent the removal or destruction of evidence; or
      2. that a necessity for entry exists to prevent the escape of the probationer; or
      3.  that the probationer is in possession of a weapon(s); or
      4.  that the probationer is attempting to avoid contact; or
      5. have a reasonable suspicion that to delay could place an inhabitant(s) and/or officers at risk for death or serious bodily injury; or
      6.  have a reasonable suspicion that a criminal act against a person could occur if the officers were to delay their entry.
   5.  The use of Department-issued breaching equipment by officers is authorized to conduct a force entry.
   6. The officer shall submit written reports of all forced entries to their SDPO/Chief Deputy before going off duty, unless otherwise authorized by their SDPO/Chief Deputy.
   7. Unless a medical emergency, suspected medical emergency, or life threatening emergency exist, forced entries shall not be attempted unless two (2) armed officers are present.
10.  Only Officers who have successfully completed building entry and clearing training as determined by their SDPO/CDPO, and are carrying a firearm may engage in the clearing of a building or conducting a force entry for purposes of confirming the whereabouts of potentially threatening inhabitants.
11.  In the event that a law enforcement Officer contacts the Probation Department and request that a search be authorized on a specific probationer, the law enforcement officer shall be advised if the probationer has a search order.  The law enforcement officer shall be further advised that the Probation Department neither authorizes nor prohibits the searching of probationers in cases where Probation Department personnel are not present.
12. Probation officers will not authorize or conduct a strip and/or visual body cavity search unless it is determined there is reasonable suspicion, based upon specific and articulable facts, to believe the subject is concealing a weapon or contraband and that a strip search and/or body cavity search will result in the discovery of the weapon or contraband. (4030 PC)  
13.  Officers may conduct pat-down searches of individuals who do not have court-ordered search terms, when:
    1.  The officer reasonably suspects that the person detained is armed or dangerous; or
    2.  The officer has probable cause the person detained is/was involved in criminal behavior, or
    3. Incident to an arrest
14.  Contraband in plain view may be seized provided the following conditions are met.
    1.  The Probation Officer does not violate the Fourth Amendment in arriving at the location from which the object is in plain view.
    2.  The incriminating character of the item is immediately apparent.
15.  The seizure of cash is prohibited.    Deputy Probation Officer IIIs assigned to a taskforce position at the San Luis Obispo County Sheriff’s Office are exempt from this provision.  These officers shall adhere to the San Luis Obispo County Sheriff’s policy and procedures related to cash or other asset seizures.
16.  Items seized during any search must be immediately identifiable as contraband and/or have a reasonable nexus to a probation violation. 

VI. EXCLUSIVITY

This policy shall remain in effect until superseded or suspended in writing and reviewed as necessary.