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Twin Falls PD Policy Manual
Search and Seizure
321.1 PURPOSE AND SCOPE
Federal MODIFIED
Both the federal and state Constitutions provide every individual with the right to be free from
unreasonable searches and seizures. This policy provides general guidelines for Twin Falls Police
Department personnel to consider when dealing with search and seizure issues.
321.2 POLICY
Best Practice
It is the policy of the Twin Falls Police Department to respect the fundamental privacy rights
of individuals. Members of this department will conduct searches in strict observance of the
constitutional rights of persons being searched. All seizures by this department will comply with
relevant federal and state law governing the seizure of persons and property.
The Department will provide relevant and current training to officers as guidance for the application
of current law, local community standards and prosecutorial considerations regarding specific
search and seizure situations, as appropriate.
321.3 SEARCHES
Federal MODIFIED
The U.S. Constitution generally provides that a valid warrant is required in order for a search to
be valid. There are, however, several exceptions that permit a warrantless search.
Examples of law enforcement activities that are exceptions to the general warrant requirement
include, but are not limited to, searches pursuant to the following:
• Valid consent
• Incident to a lawful arrest
• Legitimate community caretaking interests
• Vehicle searches under certain circumstances
• Exigent circumstances
• Stop and/or frisk (Terry Stops) of an individual are permitted under circumstances
where the officer can articulate reasons for fear for his/her safety
Certain other activities are recognized by federal and state courts, by tribal provisions, and
by certain statutes as legitimate law enforcement activities that also do not require a warrant.
Such activities may include seizure and examination of abandoned property, and observations of
activities and property located on open public areas.
Because case law regarding search and seizure is constantly changing and subject to
interpretation by the courts, each member of this department is expected to act in each situation
Copyright Lexipol,LLC 2024/03/05,All Rights Reserved. Search and Seizure- 1
Published with permission by Twin Falls Police Department
Twin Falls Police Department
Twin Falls PD Policy Manual
Search and Seizure
according to current training and his/her familiarity with clearly established rights as determined
by case law.
Whenever practicable, officers are encouraged to contact a supervisor to resolve questions
regarding search and seizure issues prior to electing a course of action.
321.4 SEARCH PROTOCOL
Best Practice MODIFIED
Although conditions will vary and officer safety and other exigencies must be considered in every
search situation, the following guidelines should be followed whenever circumstances permit:
(a) Members of this department will strive to conduct searches with dignity and courtesy.
(b) Officers should explain to the person being searched the reason for the search and
how the search will be conducted.
(c) Searches should be carried out with due regard and respect for private property
interests and in a manner that minimizes damage. Property should be left in a condition
as close as reasonably possible to its pre-search condition.
(d) In order to minimize the need for forcible entry, an attempt should be made to obtain
keys, combinations or access codes when a search of locked property is anticipated.
(e) When the person to be searched is of the opposite sex as the searching officer, a
reasonable effort should be made to summon an officer of the same sex as the subject
to conduct the search. When it is not practicable to summon an officer of the same
sex as the subject, the following guidelines should be followed:
1. Another officer or a supervisor should witness the search.
2. The officer should not search areas of the body covered by tight-fitting clothing,
sheer clothing or clothing that could not reasonably conceal a weapon.
3. All strip searches shall be conducted at the Twin Falls County Jail by Twin Falls
County personnel with the exception of limited strip searches of confidential
informants during approved operations. Refer to TFPD Policy 608.
Copyright Lexipol,LLC 2024/03/05,All Rights Reserved. Search and Seizure-2
Published with permission by Twin Falls Police Department