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<br />SURPRISE POLICE DEPARTMENT
<br />
<br />SEARCH AND SEIZURE OPS-30
<br />
<br />DATE LAST REVISED NEW REVISED CALEA PAGE
<br />EFFECTIVE DATE DATE STANDARDS MET
<br />1 of 20
<br />08-30-10 09-24-12 YES
<br />11-08-04
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<br />I. POLICY
<br />
<br />It is the policy of the Surprise Police Department that all searches and seizures
<br />of private property will be conducted within well-defined, lawful, and
<br />constitutional guidelines. As such, this policy will serve as a standard for all
<br />matters concerning search and/or seizure.
<br />
<br />II. PROCEDURE
<br />
<br />A. Rules Governing Search and Seizure - Officers are reminded that orders
<br />and regulations concerning the subject of search and seizure are
<br />extremely difficult to set forth. The instructions and guidelines in this
<br />policy cover as many phases of the subject as possible. However, the
<br />application of these instructions must not be arbitrary. Officers will adhere
<br />to them as closely as possible, keeping in mind that the variations
<br />inherent in search and seizure are endless, and that court decisions are
<br />constantly changing their application.
<br />
<br />1. The Maricopa County Attorney's Office and the Surprise City
<br />Attorney's Office are available to provide assistance concerning
<br />interpretation of search and seizure rules and the legality of a
<br />search and seizure procedure.
<br />2. Under emergency conditions, when it is believed that legal counsel
<br />is needed at other than normal business hours, the Maricopa
<br />County Attorney's Office or the Surprise City Attorney may be
<br />contacted at home with the permission of a supervisor.
<br />
<br />B. Reasonable Search and Seizure
<br />
<br />1. All citizens and their property are protected against unreasonable
<br /> search and seizure.
<br />2. The legal courses of action available to officers for conducting a
<br />reasonable and legal search are as follows:
<br />
<br />a. With a valid search warrant issued on probable cause.
<br />b. Plain View Exception - An object or contraband, in plain view
<br />of an officer who has the lawful right to be at a location to
<br />have that view, may provide probable cause for a seizure.
<br />
<br />1) It is not an illegal search to observe that which is in
<br />the open and visible in either daylight or artificial light.
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