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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 <br /> <br /> <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. <br /> <br />