GO 100.91 Search & Seizure

Question 1

What documentation is required for: Probation, Parole and Post Released Community Supervision (PRS) searches?

Answer 1

Document on 415 and if positive 215/216/202. 415 to include: Name, DL/ID, Parole/Probation/PRS, Log Number. If not log number a 216 shall be completed.

Question 2

Warrantless Searches that require 216/202.

Answer 2

Probable Cause, Exigent Circumstances, Incident to Arrest, School Searches when departmental personnel assist and Automobile Exception with probably cause. 202D not required.

Question 3

How long are 202D’s be retained in the Area 202D file?

Answer 3

Copies retained for 3 years in Area 202D file. Originals stay with arrest report and are retained based on retention schedule of report.

Question 4

How often are 202D Audits required?

Answer 4

Quarterly. Results due to Division NLT the 30th of the month following the end of the quarter.

Question 5

What is required in order for a consent search to be lawful?

Answer 5

Reasonable Suspicion or Probable Cause

Signed 202D with Sgt approval

Consent must be granted freely and voluntarily

Standing

Scope must be defined and not exceeded by the officer

Consent can be withdrawn at any time.