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631.10 Premises Entry: Sworn members may use force to break into a premise to execute a search warrant if:
After notice of his/her authority and purpose, he/she are refused admittance.
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631.10 Premises Entry: Sworn members may use force to break into a premise to execute an arrest warrant only when all of the following conditions exist:
1. The member has reason to believe that the premise is the residence of the subject sought in the warrant and;
2. The member has probable cause to believe the person sought by the warrant is currently within the premise and;
3. If, after notice of his/her authority and purpose, he/she are refused admittance.
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631.10 Premises Entry: Under ORS 133.033, any Sworn member may make an emergency entry of any premise, without the consent of the person in possession or entitled to possession thereof, if they have reasonable basis for believing the entry into the premise is required to:
1. Prevent serious harm to any person or property.
2. Render aid to injured or ill persons.
3. Locate missing persons.
4. Assist persons who are mentally incompetent/unable to care for themselves, are unaccompanied by a competent party, and may be in a situation where their welfare is at risk. (Not in the ORS, but in our Policy)
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631.10 Premises Entry: Member Responsiblities:
1. Prior to making an emergency entry to a premise, absent exigent circumstances, members will notify a supervisor of the circumstances justifying the need for an emergency entry.
2. Members making an emergency entrance into a premise must write the appropriate report(s) explaining the justification for his/her actions.
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650.00 Search, Seizure, and Inventories - In general, probable cause to search means a substantial objective basis to believe that more likely than not:
1. A criminal offense is being, or has been committed.
2. Items of evidence pertaining to that criminal offense are in a specific place sought to be searched.
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650.00 Search, Seizure, and Inventories - A warrant is not required when:
A prerequisite is not required if
- 1. Administrative
- 2. Automobile Exception
- 3. Community caretaking
- 4. Consent
- 5.Emergency aid
- 6. Exigent circumstances
- 7. Hot pursuit
- 8. Incident to arrest
- 9. Parole/probation searches
- 10. Protective sweeps and
- 11. Stop and frisk
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650.00 Search, Seizure, and Inventories - The following are subject to seizure:
1. Evidence of, or information concerning, the commission of a criminal offense.
2. Contraband, the fruits of a crime, or things otherwise criminally possessed.
3. Property that has been used, or is possessed for the purpose of being used, to commit or conceal the commission of an offense.
4. A person for whose arrest there is probable cause or who is unlawfully held in concealment.
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652.00 Search Warrants - Any magistrate authorized to issue a warrant of arrest may issue a warrant for:
1. Evidence of, or information concerning, the commission of a criminal offense.
2. Property that constitutes contraband or items otherwise criminally possessed.
3. Fruits of a crime.
4. Property that has been used, or is possessed for the purpose of being used, to commit or conceal the commission of an offense.
5. A person for whose arrest there is probable cause or who is unlawfully held in concealment.
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652.00 Search Warrant - Search warrants are only issued upon a finding of:
Probable cause to believe that an offense has or will be committed. The probable cause is based upon the member's personal knowledge and/or hearsay information from another member, a named citizen or undisclosed informant.
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652.00 Search Warrant - The probable cause is relayed to the magistrate through use of an affidavit. The affidavit should:
1. Contain a clear and distinct description of the place(s) to be searched and the item(s) to be seized.
2. Provide facts and circumstances which provide probable cause for the search. This includes information justifying the search; and information leading to the belief that the object(s) of the search are in the places or the possession of the subject(s) to be searched.
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652.00 Search Warrant - Execution of the warrant:
Is restricted to between 0700 and 2200 hours unless it is otherwise endorsed on the warrant by the issuing magistrate.
A warrant is generally valid for five days after the date of issuance. The issuing magistrate may, however, authorize execution of the warrant for up to ten days after its issuance.
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652.00 Search Warrant - Before undertaking any search or seizure pursuant to the warrant, the executing member will:
1. Read and give a copy of the warrant (not the affidavit) to the person to be searched, or to the person in apparent control of the premises to be searched.
2. Affix a copy of the warrant to the premises if the premises are unoccupied, or there is no one in apparent control.
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