6.00.030     RESIDENTIAL ENTRY - PRESERVATION OF EVIDENCE

 

If there is probable cause to believe that critical evidence of a serious felony offense is located within a private residence and that the evidence is almost certain to be destroyed or removed unless immediate warrantless action is taken, an officer may enter to secure the residence and seize evidence in open view.  Once the residence is secured, no search shall be conducted unless or until:

 

v       A search warrant for the residence is on scene; or

 

v       Lawful consent to search has been obtained; or

 

v       New or additional emergency circumstances arise necessitating a warrantless search

 

Residential Crime Scenes

 

A residential crime scene is a private residence where a crime has recently occurred and where there is an apparent need for immediate investigative action and/or for the provision of emergency services.  Examples include, but are not limited to, homicide scenes, domestic violence scenes, fire scenes and burglaries.

 

The mere presence of contraband or evidence in a private residence does not make the residence a crime scene.

 

Upon arriving at the crime scene in a private residence the officer may enter without a warrant in order to:

 

v       Locate and secure suspects of a serious criminal offense; and/or

 

v       Provide assistance to injured persons or others requiring emergency assistance; and/or

 

v       Ensure the present safety and well-being of occupants; and/or

 

v       Locate and secure evidence of a serious and/or dangerous crime which is in open view and likely to be lost or destroyed; and/or

 

v       Prevent substantial property damage

 

Once the actions described above are completed, no search will be conducted unless or until:

 

v       A search warrant for the residence is on scene; or

 

v       Lawful consent to search has been obtained; or

 

v       New or additional emergency circumstances arise necessitating a warrantless search