Search Procedure

All searches of the person shall be conducted by peace deputies of the same gender unless circumstances make it impractical to do so, having regard to the immediate risk of injury, officer availability, escape, or the destruction of evidence.

For a search to be lawful it must be reasonable and justified given all the circumstances and it must be conducted for a valid reason. The onus is on officers conducting and authorizing a search to demonstrate that the search is justified in a law, necessary and reasonable.

Warrantless searches are prima facie unreasonable and contrary to the fourth amendment. However, searches incident to arrest of a person are recognized as lawful at common law and do not require a warrant. Searches cannot be justified by citing standard procedures. However, for safety reasons, except in extenuating circumstances, all persons under arrest must be searched at the first available opportunity.

For further information, view slides 15 - 17 of the following: