41M-Search and Seizure 2019 - Laserfiche WebLink

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Policy & Procedure Page 1 of 14 Lexington Police Department Subject: Search & Seizure Policy Number: 41M Accreditation Standards: Reference: 1.2.4(a)(b)(c)(d)(e)(f)(g) Effective Date: 3/11/13  New  Revised Revision Dates: 1/24/19 By Order of: Mark J. Corr, Chief of Police The Municipal Police Institute, Inc. (MPI) is a private, nonprofit charitable affiliate of the Massachusetts Chiefs of Police Association. MPI provides training and model policies and procedures for police agencies. This policy is an edited version of MPI Policy 1.08, “Search & Seizure.” GENERAL CONSIDERATIONS AND GUIDELINES The Fourth Amendment to the U.S. Constitution prohibits "unreasonable" searches and seizures, and the Supreme Court has consistently held that unless they come within one of the few carefully limited exceptions to the search warrant requirement, warrantless searches and seizures are considered unreasonable.i The Fourth Amendment to the U.S. Constitution has been interpreted by the U.S. Supreme Court to require that, whenever possible and practicable, with certain limited exceptions, a police officer should always obtain a valid search warrant in advance.ii The following procedures have been prepared to provide basic guidelines that are both legal and practical in the technical area of searches and seizures. It is the policy of the Lexington Police Department that:  Warrants shall be obtained for all searches whenever possible and practicable once the foundation for constitutional regulations have been triggered. Searches are subject to constitutional regulation when the following three conditions are met: • State action: The search must be undertaken by a state actor, (law enforcement official/ agent of the government). • Reasonable Expectation of Privacy: The search must invade an area where the suspect has a reasonable expectation of privacy, • Standing: Suspect must have a legal right to challenge the police conduct; and