|
|
|
Subject: Automobile
Searches & Inventories |
Series Number
Change 602 01 Effective
Date May 26, 1972
Revision
Date * |
The purpose of this
order is to establish the policy and procedures governing searches and
inventories of vehicles. This order consists the following part:
PART I Responsibilities and Procedures for
Members of the Department
A. Searches.
A search is an examination of a person, place or thing with a view toward discovery of weapons, contraband, instrumentalities of a crime, or evidence. It is to be distinguished from an inventory. A search of an automobile can be classified in one of the following categories:
1. Searches Connected With an Arrest.
a. No
Probable Cause to Believe Evidence Is in the Vehicle.
(1) General
Rule.
If a full custody arrest is made of a subject in a motor vehicle and the officer does not have probable cause to believe that the vehicle contains fruits, instrumentalities, contraband, or evidence of the crime for which he has been arrested, only those areas which are within the immediate control of the defendant (the area from which the arrested person might gain possession of weapons or destructible evidence) at the time of his arrest may be searched incident to that arrest. The search shall be conducted in the presence of the defendant. (The scope, time and place of the search shall be governed by part I, paragraphs Ala(2) and Ala(3) of this order).
|
Publication |
|
Effective Date |
Page Number |
||
|
General
Order 602.01 |
|
May
26, 1972 |
2
of 14 |
|
|
(2)
Examples
of searches with no probable cause:
(a)Carrying
a Dangerous Weapon. An officer making a
routine traffic stop observes a pistol
in the glove compartment which was
opened by the driver as he reached for his automobile
registration. The driver is arrested for carrying
a dangerous weapon. Only those areas of the interior
of the vehicle within the driver’s immediate control
at the time of his arrest should be searched because there is no probable cause to believe there is other evidence of the offense for which he was
arrested in the vehicle.
(b) Full
Custody Traffic Arrest. An officer arrests a driver of a vehicle for
driving after revocation. Before he is transported to a district station, those
areas of the vehicle within the immediate control the defendant at the time of
his arrest should be searched. However, areas beyond his immediate control
should not be searched because there is no probable cause to believe that the
vehicle contains fruits, instrumentalities, contraband, or evidence of the
offense of driving after revocation.
(3) Scope
of the Search.
The
arresting officer may search all areas of the vehicle which are within the immediate
control of the defendant at the time of his arrest, including those areas
from which he might gain possession of a weapon or destructible evidence. If
items discovered during his limited search give the officer probable cause to
believe that fruits, instrumentalities, contraband, or other evidence of a
crime is in the vehicle, then those areas of the vehicle which could physically
contain such evidence shall be searched.
(a) An
example of the scope of the search is:
An
officer arrests a driver of a vehicle for driving after revocation. A search
under the driver's seat, incident to the arrest, reveals a bottle cap cooker
and syringe. The officer may now search the entire vehicle since there is
probable cause to believe that other implements of a crime may be in areas of
the vehicle beyond the immediate control of the defendant.
|
Publication |
|
Effective Date |
Page Number |
||
|
General
Order 602.01 |
|
May
26, 1972 |
3
of 14 |
|
|
(4) Time
and Place of the Search.
If
a full custody arrest is made of a subject in or near a vehicle and the officer
does not have probable cause to believe that fruits, instrumentalities, contraband, or evidence of the crime for
which the arrest was made may be found in that vehicle, the limited search of
that vehicle incident to the arrest shall be conducted at the time and place of
the arrest within the immediate presence of the defendant.
(5) Plain
and Open View Rule.
Nothing
in this order should be construed to limit the authority of an officer to seize
any item which he observes in plain and open view (including items observed in
plain view at night by means of a flashlight) beyond the immediate control of a
subject, if the officer has probable cause to believe that such item
constitutes fruits, instrumentalities,
contraband, or evidence of a crime.
(6) Non-Custodial
Arrests.
Traffic
violators who are asked to accompany an officer to a district station (e.g.,
nonresident traffic violators who commit moving violations) and are not placed
under full custody arrest shall not be searched and their vehicles shall not be
searched unless an officer reasonably suspects the violator to be armed, in
which case the subject may be frisked for weapon..
b. Probable
Cause to Believe Evidence Is in the Vehicle.
(1) General Rule.
If a full custody arrest is made of a subject
in a motor vehicle or of a subject in close proximity to a motor vehicle who
has just departed from or is about to enter a vehicle, and the arresting
officer ha. probable cause to believe that the vehicle contains either fruits
(e.g., stolen goods), instrumentalities (e.g., tools teed in a burglary),
contraband (e.g., narcotics, sawed-off shotgun), or evidence (e.g., clothing
worn by a robber).of the crime for which be was arrested, the vehicle shall be
searched. (The scope, time and place of the search shall be governed by part I,
paragraphs Alb(2) and Alb(3) of this order). Examples of probable cause
searches are:
|
Publication |
|
Effective Date |
Page Number |
||
|
General
Order 602.01 |
|
May
26, 1972 |
4
of 14 |
|
|
(a) Vehicle
Used in Robbery. An officer has observed a vehicle described in a lookout
for a robbery holdup which occurred 1 hour earlier, in which two men wearing
ski masks and carrying pistols obtained at undetermined amount of money. After
arresting the two occupants of the vehicle, the entire vehicle should be
searched at the scene of the arrest since the officer has probable cause to
believe that the money obtained and the pistols and ski masks used in the
robbery may be hidden in areas within and beyond the immediate control of the
suspects.
(b) Sale
of Narcotics Prom Vehicle. A plainclothes officer arrests a subject in ‘r
near a vehicle. Be has had the subject under observation for the previous hour
for the sale, from the vehicle, of narcotics to individuals who approached the
vehicle. All areas of the vehicle should be searched since the officer has
probable cause to believe that a supply of narcotics remains In other areas of
the vehicle, such as the trunk or glove compartment.
(2) Scope
of the Search.
When an officer arrests a subject in or near a vehicle and be has probable cause to believe that vehicle contains fruits, instrumentalities, contraband, or evidence of the crime for which the arrest was made, only those areas of the vehicle which could physically contain that evidence shall be searched. Examples of the scope of the search are:
(a) Vehicle
Used in Burglary. An officer has stopped a vehicle for a traffic spot check
and has been informed by the dispatcher that the vehicle has been reported as
being used in a burglary which occurred a few hours earlier in which a portable
television set vas stolen. Since it is generally known that most burglaries are
effected by means of small tools, easily concealed, all areas of the v4hicle
may be searched for such tools, unless the officer has specific information
that entry was rained in a manner other than by use of a small tool. In such a
case, only those areas of the vehicle which could physically contain the
portable television set or the object used to enter the premises may be
searched because they are the only areas for which the officer has probable
cause to believe that fruits, instrumentalities, or evidence of the crime for
which the arrest has been made may be contained.
|
Publication |
|
Effective Date |
Page Number |
||
|
General
Order 602.01 |
|
May
26, 1972 |
5
of 14 |
|
|
(b) Vehicle
Containing, Large Object Used in a Homicide. A vehicle is stopped, pursuant
to a lookout, for a suspect wanted in connection with a homicide in which the
deceased was struck with a tire iron which the assailant was seen carrying
toward the vehicle. The of fleer should not search the locked glove compartment
because the large object could not be contained in such a small space. The
trunk, however, should be searched for the object. If, however, there is some
other missing item of evidence (e.g., a bloodstained glove of the suspect), the
locked glove compartment may be searched if there is probable cause to believe
that the item is in the possession of the suspect or in the vehicle at the
time of the arrest.
(3) Time
and Place of Search
The
search of the vehicle shall be conducted as soon as the prisoner is placed in
secure custody and ordinarily at the scene of the arrest. It is not necessary
to keep the prisoner near the vehicle during this type of search. In those
exceptional cases where it is not practical to conduct a search of the
automobile at the scene of the arrest, the vehicle shall be removed to a police
facility or other areas where the search shall be conducted as soon as
possible. In those cases where the search is conducted at a place other than
the scene of the arrest, an officer shall remain with the vehicle to ensure a
continuous chain of custody prior to the search. Examples of exceptional cases
where search may be delayed are:
(a) Keys
to Locked Ares not Available. When the search of a locked trunk or
glove compartment of a vehicle is not possible at the scene of the arrest
because keys are not available, the officer shall notify the Auto Theft Section
and request that a set of keys be sent to the location to which the vehicle has
been taken. If keys are not available, instructions shall be obtained from the Property Division
as to the method to be used in opening the locked trunk or glove compartment.
No search warrant is required, but the search shall be conducted as soon as
possible.
(b) Hostile
Crowd or Inclement Weather.
When
an officer believes it would be advisable to remove a vehicle from a public
location prior to searching it because a hostile crowd has formed or because
the weather is inclement, the vehicle
may be taken to the nearest police facility and searched promptly without a
warrant.
|
Publication |
|
Effective Date |
Page Number |
||
|
General
Order 602.01 |
|
May
26, 1972 |
6
of 14 |
|
|
(4) Search
Warrant.
When
an officer arrests a subject in or near a vehicle and he has probable cause to
believe that the vehicle contains fruits, instrumentalities, contraband, or
evidence of the crime for which the subject is arrested, ail those areas of the
automobile which can contain such evidence shall be searched without a
search warrant. In those exceptional eases where the search is not completed at
the scene of the arrest and the vehicle is removed to a police facility or
other area, the search shall be completed, as soon as possible, without
a search warrant. In cases where there is adequate time to obtain a search
warrant prior to the arrest of a subject in a vehicle, a warrant shall
be obtained for the search of the vehicle. One example of the necessity for a
search warrant is:
Adequate
Time to Obtain Search Warrant before Making Arrest in Vehicle. A subject has been under surveillance for
several days because of the officer’s suspicion that he is selling stolen
property from his vehicle. If probable cause to arrest is gathered and the
decision is made to obtain an arrest warrant for the subject, a search warrant
for the vehicle should also be obtained because there is adequate time to do
so.
2. Searches Not Connected with an Arrest.
a. General
Rule. If an officer has probable cause to believe that a parked, unoccupied
vehicle, whether locked or unlocked, contains fruits, instrumentalities,
contraband, or evidence of a crime, all those areas of the vehicle which can
contain such evidence shall be searched without a search warrant if the vehicle
appears to be in such operational condition that it can be moved or easily
rendered movable by minor repairs. If, however, a vehicle does not appear to be
movable and there is adequate time in which to obtain a search warrant, such
warrant shell be obtained prior to entering the vehicle. One example of such a
search is:
An officer has been informed by a citizen that he observed a person place a sawed-off shotgun in the trunk of a vehicle one-half hour earlier. The citizen gives his name and address and accompanies the officer to the vehicle, which appears to be operational except for a flat rear tire. The officer may immediately search the trunk of the vehicle without a search warrant because he has probable cause to believe that the shotgun is in the trunk of the vehicle and the vehicle may be easily rendered movable by a minor repair. If, however, the vehicle has been completely stripped, including the wheels, the officer should obtain a search warrant prior to searching the trunk of the vehicle.
|
Publication |
|
Effective Date |
Page Number |
||
|
General
Order 602.01 |
|
May
26, 1972 |
7
of 14 |
|
|
B. Inventories.
An inventory is an administrative process by which items of property are listed and secured. An inventory is not to be considered or used as a substitute for a search. Automobiles coming into the custody of the police department shall be classified for purposes of this paragraph relating to inventories in one of the following five categories:
1. Seizures
for purposes of forfeiture.
2. Seizures
as evidence.
3. Prisoner’s
property.
4. Traffic
impoundments.
5. Non-criminal impoundments.
The officer’s right to inventory an
automobile and the time and scope of
any such inventory depend upon the category
into which it is classified.
1. Seizures for Purposes of Forfeiture.
a. Narcotics.
When an officer has probable cause to believe that a vehicle has been used to
transport illegally possessed narcotics, he shall take the vehicle into
custody and classify it as a seizure for purpose of forfeiture only it both
of the following conditions exist:
(1) A substantial amount of drugs is involved.
(2) The owner of the vehicle (not necessarily the user of the vehicle) is a significant drug violator.
No seizure under this paragraph shall be made without approval of an official of the Narcotic Branch. If a vehicle used to transport illegally possessed narcotics cannot be seized under this paragraph, it y not be inventoried unless it can be classified and inventoried under another section of part I, paragraph B of this order. An example of seizures based on narcotics violations is:
An
officer stops an automobile and observes a glassine envelope containing a small
amount of a substance which he has reason to believe is heroin in plain and
open view on the floor boards. The driver (who is the owner of the vehicle) is
arrested for illegal possession of narcotics. The officer contacts an official
of the Narcotics Branch and is informed that because the driver has no previous
narcotics record and the amount of narcotics seized is not substantial, the
vehicle may not be seized for purposes of forfeiture. It may be classified,
however, as prisoner’s property pursuant to part I, paragraph B3 of this order
and inventoried to the extent alloyed under the rules contained in that
paragraph.
|
Publication |
|
Effective Date |
Page Number |
||
|
General
Order 602.01 |
|
May
26, 1972 |
8
of 14 |
|
|
b. When
an officer has probable cause to believe that a vehicle
is being or has been used to conduct illegal gambling activities, it may
be seized for purposes of forfeiture,
irrespective of the age, value, or condition of the vehicle.
(1) Authorization.
No seizure under this paragraph shall be given without approval of an official
of the Gambling and Liquor Branch.
(2) Examples
of Seizures for Purposes of Forfeiture Based Upon Gambling Violations.
(a) Vehicle Used by Numbers Runner. After
surveillance, officers develop probable cause to believe that a person is a
numbers runner and that a vehicle which he owns or used has been used to
conduct the numbers operation. The officers obtained an arrest warrant and a
search warrant for his vehicle. When the officers execute the arrest warrant
during one of the runs, the defendant's vehicle may be seized for purposes of
forfeiture if such seizure has been approved by an official of the Gambling and
Liquor Branch.
(b) Arrest
for Possession of a Numbers Slip. On a routine traffic stop an officer
observes in the driver’s wallet a single numbers slip and arrests the driver
for its possession. If the evidence indicates that the driver vas simply a
person who placed a numbers bet rather than one who was involved in conducting
a gambling operation, the vehicle may not be seized for purposes of forfeiture.
c. National
Firearms Act Violations. When an officer has
probable cause to believe that a vehicle has been used to transport a firearm possessed illegally under the National Firearms Act (49 U.S.C. SS 781-788), he shall follow the procedures contained in General Order No.601.01 in determining whether the vehicle shill be seized for purposes of forfeiture under the Act.
|
Publication |
|
Effective Date |
Page Number |
||
|
General
Order 602.01 |
|
May
26, 1972 |
9
of 14 |
|
|
d. Procedure.
An officer who seizes an automobile for purposes of forfeiture shall completely
inventory the contents of the automobile immediately upon its arrival at a police facility. The scope of
that inventory shall be limited by the rules provided in part I, paragraph B6
of this order. Upon completion of the inventor the officer shall obtain
instructions from an official of either the Narcotic or Gambling and Liquor
Branch or from an agent of the Alcohol, Tobacco and Firearms Division of the
Internal Revenue Service, relating to appropriate further processing of the
vehicle.
2. Seizures as Evidence.
When an officer has probable cause to
believe that a vehicle is a fruit, instrumentality, or evidence of a
crime, he shall take the vehicle into
police custody and shall classify it as a seizure as evidence.
a. Examples
of Seizures as Evidence.
(1) Homicide
in an Automobile. A citizen is shot to death in an automobile. After
appropriate on-the-scene processing
by the Homicide Section, the vehicle shall be seized
as evidence because it is evidence and, in addition, may contain evidence of the offense.
(2) Vehicle
Used in an Offense. Two days after a bank robbery an officer locates an
automobile which has been described by witnesses as the getaway vehicle Whether
or not an arrest has been made in the case, the vehicle shall be seized as
evidence because it is an instrumentality of the offense of bank robbery.
NOTE: Although whenever there is either a moving
or a parking traffic violation the vehicle, involved is technically evidence of
that offense, vehicles shall not be seized as evidence simply because they ware
involved in relatively minor traffic offenses. However, if a vehicle has some
evidentiary value beyond the fact that it was used to commit a minor
traffic offence it shall be seized as evidence.
b. Procedure
for an officer who seizes a vehicle as evidence
The Officer shall completely inventory
the contents of the vehicle immediately upon its
arrival at a police facility, provided
that such an inventory will not damage or destroy any evidence contained therein. The scope of that inventory
shall be limited by the rules
provided in part I, paragraph of this order.
|
Publication |
|
Effective Date |
Page Number |
||
|
General
Order 602.01 |
|
May
26, 1972 |
10
of 14 |
|
|
c. Release of Vehicle.
Vehicles seized as evidence shall not be
released to person until the
appropriate prosecutor has signed the proper release form indicating that the vehicle is no longer needed as evidence. In oases where a prosecutor is unavailable and application of this rule would result in
hardship to an innocent party, verbal
authorization may be obtained by telephone
from an Assistant United States Attorney on emergency
duty for the month or from any other available Assistant United States Attorney.
3. Prisoner’s Property.
When a person is arrested in an automobile which he owns or has been authorized to use and the vehicle cannot be classified under part I, paragraph B1 or B2 of this order, that vehicle shall be classified as prisoner’s property. One example of prisoner’s property is:
a. Robbery
Suspect. A liquor store owner has been robbed by a single
assailant who fled on foot. Ten days after the offense the defendant is arrested on a warrant in an automobile.
Since there is no basis for
seizing the automobile either evidence or for
purposes of forfeiture, the automobile shall be classified as prisoner’s property.
Disposition of Prisoner’s Property.
A
vehicle which is classified as prisoner’s property shall be disposed of in any
lawful manner in which the person arrested directs. In any case where a
prisoner requests that his vehicle be lawfully parked on a public street, h
shall be repaired to indicate his request in writing. An example of disposition
of prisoner’s property is:
