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41M-Search and Seizure 2019
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41M-Search and Seizure 2019
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7/17/2019 11:13:35 AM
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<br /> <br />Policy & Procedure Page 1 of 14 <br /> <br />Lexington Police <br />Department <br />Subject: Search & Seizure <br /> <br /> <br />Policy Number: <br /> 41M Accreditation Standards: <br />Reference: 1.2.4(a)(b)(c)(d)(e)(f)(g) Effective Date: <br />3/11/13 <br /> New <br /> Revised <br />Revision <br />Dates: <br />1/24/19 <br /> <br />By Order of: Mark J. Corr, Chief of Police <br /> <br /> The Municipal Police Institute, Inc. (MPI) is a private, nonprofit charitable affiliate of the <br />Massachusetts Chiefs of Police Association. MPI provides training and model policies and <br />procedures for police agencies. This policy is an edited version of MPI Policy 1.08, “Search <br />& Seizure.” <br /> <br />GENERAL CONSIDERATIONS AND GUIDELINES <br /> <br />The Fourth Amendment to the U.S. Constitution prohibits "unreasonable" searches <br />and seizures, and the Supreme Court has consistently held that unless they come <br />within one of the few carefully limited exceptions to the search warrant requirement, <br />warrantless searches and seizures are considered unreasonable.i <br /> <br />The Fourth Amendment to the U.S. Constitution has been interpreted by the U.S. <br />Supreme Court to require that, whenever possible and practicable, with certain limited <br />exceptions, a police officer should always obtain a valid search warrant in advance.ii <br /> <br />The following procedures have been prepared to provide basic guidelines that are both <br />legal and practical in the technical area of searches and seizures. <br /> <br />It is the policy of the Lexington Police Department that: <br /> <br /> Warrants shall be obtained for all searches whenever possible and practicable <br />once the foundation for constitutional regulations have been triggered. <br />Searches are subject to constitutional regulation when the following three <br />conditions are met: <br /> <br />• State action: The search must be undertaken by a state actor, (law <br />enforcement official/ agent of the government). <br />• Reasonable Expectation of Privacy: The search must invade an area where <br />the suspect has a reasonable expectation of privacy, <br />• Standing: Suspect must have a legal right to challenge the police conduct; <br />and <br />
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