F PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.7
SUBJECT: SEARCH WARRANTS
(PLEAC 1.2.3, 2.7.1, 2.7.2 a,b,c,d,e)
INDEX
SECTION TITLE PAGE NUMBER
1 Policy 1
2 Purpose of a Search Warrant 2
3 Procedure for Obtaining a Search Warrant (75-175) 2
4 Particularity of the Search Warrant 3
5 Information Obtained from Informants or Third Parties 6
6 Procedure for Execution of the Search Warrant 7
7 Preparation of Complaint or Incident Report (75-48) 10
8 Distribution of Search Warrant (75-175) and 11
Complaint or Incident Report (75-48)
9 Search Warrant Control Log (75-390) 13
10 Acquisition and Distribution of the 75-175 13
11 Arrests in Private Residences 13
12 Consent to Search 14
13 Requirements for a Consent to Search 15
14 Scope of the Consent to Search 16
15 Procedure for Conducting a Consent to Search 17
16 Seizure of Property 18
17 No Seizure of Property 18
18 Search and Seizure of Luggage 19
19 PremierOne Records Management System (P1RMS) 20
20 English/Spanish Consent to Search Forms 21
21 Strip and Body Cavity Searches 22
22 Strip Search Guidelines 24
23 Body Cavity Search Guidelines 25
24 Strip/Body Cavity Search Procedures 26
25 Distribution of Search 75-48 28
(Strip/Body Cavity Searches)
26 Search Warrant Tracking 29
27 Obtaining Warrants from the Police Warehouse 30
28 Distributing Individual Warrants 32
29 Updating Search Warrants 32
30 Internal Affairs Responsibilities 32
31 Reports Control Responsibilities 33
32 Audits and Inspections Responsibilities 33
Issued Date: 11-26-21
Effective Date: 11-26-21
Updated Date:
DIRECTIVE 5.7 - 1
PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.7
SUBJECT: SEARCH WARRANTS
(PLEAC 1.2.3, 2.7.1, 2.7.2 a,b,c,d,e)
______________________________________________________________________________
1. POLICY
A. The determination concerning when a search warrant must be obtained will be based on
pertinent legal guidelines and consultation with a supervisor. The advice of an
Assistant District Attorney (ADA) should be obtained and adhered to when any
questions arise concerning the search warrant procedure.
B. All search warrants will be obtained and executed by police personnel in accordance
with the procedures established in this directive and the applicable rules of
Pennsylvania Criminal Procedure (Pa. R. Crim. P. 2001 to 2010) which can be found
in the Pennsylvania Crimes Code.
C. The Application and Affidavit for Search Warrant (75-175) forms will ALWAYS be
distributed in sequential order from the distribution point (Police Warehouse) through
the issuance of a single warrant to an individual police officer/investigator.
D. All search warrant applications MUST be submitted to the District Attorney's Charging
Unit (DACU) for review prior to submitting to a judge or bail commissioner.
E. The actual execution of the search warrant and related police actions during a search
will be governed by this directive and pertinent legal guidelines, and barring exigent
circumstances, will be strictly adhered to by all sworn personnel.
F. Misstatements, Omissions and Exculpatory Information
1. Under the Fourth Amendment, when applying for a warrant, police officers may
not intentionally include misstatements or false statements; or recklessly omit any
material facts from the accompanying affidavit of probable cause. Because the
Fourth Amendment prohibits this conduct, the Department also prohibits it.
Misstatements in or material omissions from a warrant application will damage the
criminal case and could subject the investigator and the City to a §1983 federal
civil rights claim.
Issued Date: 11-26-21 Effective Date: 11-26-21 Updated Date:
DIRECTIVE 5.7 - 2
2. Regarding omissions, investigators shall include in all warrant applications highly
relevant facts within their knowledge that any reasonable officer knows that a
magistrate would need to make an independent determination of probable cause.
This includes all culpable information as well as exculpable information.
Exculpable information includes, but is not limited to:
a. any misidentification, inconsistency or failure to identify a suspect by a
witness/victim.
b. differences in height, clothing or other specifics of the offender from originally
reported flash information.
c. discrepancies in license tag or vehicle description information initially
described by a witness/victim.
d. information regarding any past interactions/relationships between the suspect
and the victim that could affect a probable cause determination.
______________________________________________________________________________
2. PURPOSE OF A SEARCH WARRANT
A. A search warrant may be issued to search for and seize:
1. contraband, the fruits of a crime, or things otherwise criminally possessed; or
2. property which is or has been used as a means of committing a criminal offense; or
3. property, which constitutes evidence of the commission of a criminal offense.
______________________________________________________________________________
3. PROCEDURE FOR OBTAINING A SEARCH WARRANT (75-175)
A. To obtain a search warrant, sworn personnel MUST:
1. Have thoroughly investigated a complaint or gathered information as to convince a
disinterested party (judge or bail commissioner) that probable cause exists to justify
a search.
2. Consult with their highest-ranking supervisor.
3. Prepare a 75-175 as outlined in this directive.
4. Fax a completed 75-175 to the DACU for approval.
DIRECTIVE 5.7 - 3
a. The ADA will evaluate, note their approval or disapproval in the margin and
return the fax.
5. Obtain a Record of Declination form from the ADA if the affidavit is disapproved
or significantly modified. A Record of Declination is not needed if the
modifications amount to only handwritten notes on the 75-175 for the purpose of
strengthening the probable cause aspect of the search warrant.
6. Write DACU's approval in the margin and include the ADA’s name, date and time.
NOTE: The approved faxed copy returned from DACU will be maintained by the
officer/investigator and remain as a part of the discovery package.
7. Present the original affidavit and a Continuation Report (75-51), if applicable to a
judge or bail commissioner at the Bail Magistrate, Criminal Justice Center (CJC).
Testify to the truth and accuracy of the information contained in the affidavit.
Ensure that the approved copy is available for review by the judge or bail
commissioner.
8. Make no corrections, additions, or deletions on any copy of the 75-175 once the
judge or bail commissioner has possession of it.
a. Search and seizure warrants that have been signed by a judge or bail
commissioner will not be voided.
EXCEPTION: Search and seizure warrants that have not been served within
the specified period of time, two days from the date of
issuance, must be voided.
NOTE: Supplementing a search warrant orally at the time it is signed by a
judge or bail commissioner is not acceptable. Under Rule 2003 (b),
such oral additions will not be admissible at a subsequent suppression
hearing. If relevant facts arise or come to the attention of an officer
after the warrant affidavit has already been completed, the new
information must be included in the 75-175 or in a 75-51 and sworn to
by the officer.
9. When the offense has been previously reported, use the original District Control
number in the space provided. Otherwise, obtain a DC number from the district
where the search has occurred.
______________________________________________________________________________
4. PARTICULARITY OF THE SEARCH WARRANT
A. Sworn personnel shall complete all pertinent block headings on the 75-175, including
their signature, badge number and district/unit. (PLEAC 2.7.1)
DIRECTIVE 5.7 - 4
B. THE PREMISES OR PERSON TO BE SEARCHED AND THE ITEMS TO BE
SEIZED MUST BE SPECIFICALLY DESCRIBED IN THE WARRANT SO THAT
THE JUDGE OR BAIL COMMISSIONER AND EXECUTING OFFICER HAVE NO
DOUBT AS TO WHO OR WHAT CAN BE SEIZED AND WHERE THEY MAY BE
FOUND.
1. Description of buildings should include:
a. Street name and number (no intersections). When possible, where search will
take place (vehicle/building), use exact numerical location.
b. Number or stories - apartment number.
c. Type of construction (brick, wood, etc.).
d. Type of property (single home, apartments, twin structure, etc.).
e. Particular markings, color, or any additional information which serve to
identify that particular premise.
C. The warrant MUST also include the following:
1. Name and/or description of owner, occupant(s), or possessor of the premise or
property to be searched.
2. The particular crime that has been or is being committed.
3. What probable cause exists for a search.
a. Probable cause is the existence of facts and circumstances that would justify a
person of reasonable caution to believe:
1) that an offense has been or is being committed;
2) that the particular person or item to be seized is reasonably connected to the
crime; and
3) that the person can be found at a particular place or the item can be found
in the possession of a particular person or at a particular place.
REDACTED – LAW ENFORCEMENT SENSITIVE
REDACTED – LAW ENFORCEMENT SENSITIVE
DIRECTIVE 5.7 - 5
2. Reasons for believing that the item(s) or person(s) are located at the premise
specified and why they should be the subject of a seizure.
3. Facts known to the officer concerning:
a. potential for destruction of evidence and
b. potential for the removal of evidence, contraband, etc.
c. threats of harm to police personnel should be clearly indicated on the warrant.
CAUTION: The facts and information must be real and cannot be based on simple
speculation or on a "hunch" by the officer applying for the warrant.
4. If a "night-time" search is requested (i.e., 10:01 PM to 5:59 AM), state why the
search should be carried out in other than daytime hours (i.e., 6:00 AM to 10:00
PM). The judge or bail commissioner must specifically note on the warrant
(bottom right corner of application) that they are authorizing such a search and
sign their name to it.
NOTE: There is a need for the officer to state additional probable cause to support
such a search (e.g., evidence may be moved or destroyed, the threat of
serious bodily injury or death, or other exigent circumstances exist).
5. The judge or bail commissioner MUST complete the “jurat” or the clause located
directly under the probable cause (center right of 75-175) stating when, where and
before whom such affidavit was sworn. (Exception: The "jurat" on the 75-175
need NOT be completed by the judge or bail commissioner if a 75-51 is used and
its "jurat" is completed.)
NOTE: As a result, the signature and seal of the issuing authority will appear a
total of two (2) times. Once on the bottom section of the 75-175 and once
on the "jurat" section of the 75-51 OR twice on the 75-175 ("jurat" and
bottom section), if no 75-51 is used.
E. When additional space is required to complete the probable cause, use a Continuation
Report (75-51) regardless of the amount of information supplied. The following steps
will be carried out:
1. Type in capital letters in the narrative section of the 75-51,
CONTINUATION OF PROBABLE CAUSE FOR WARRANT # __________."
2. Complete the necessary probable cause information.
3. Directly under the last sentence of probable cause and at the bottom of the last page
of the 75-51, type the following exactly as shown.
DIRECTIVE 5.7 - 6
______________________________________________
Signature of Affiant Badge # Dist/Unit
Sworn to (or affirmed) and subscribed before
me this ___________day of __________20____
________________________________________(SEAL)
Signature of Issuing Authority
4. The officer (affiant) will affix their signature, badge number and district/unit on the
line just completed in Step 3 above.
5. Attach the 75-51 to the 75-175.
6. Ensure the judge or bail commissioner signs and affixes their seal to the 75-51 on
the line shown in Step 3 above.
NOTE: The first page (affidavit) of the 75-51 and 75-175 will be kept by the
issuing authority. A copy of the 75-51 will be attached to the
corresponding copy of the 75-175, including the "owner-occupant-
premises" copy.
______________________________________________________________________________
5. INFORMATION OBTAINED FROM INFORMANTS OR THIRD PARTIES
A. Court decisions from both Federal and State Supreme Courts have established the test
of the “totality of circumstances” as the standard of review by courts in assessing
search warrant applications based upon information acquired through informants and
third parties.
B. Affidavits will be reviewed in their entirety, and significance will be given to each
relevant piece of information provided by the informant or third party and not
exclusively on their credibility and reliability of the informant or third party.
C. Credibility and reliability are still significant factors in search warrant applications.
Credibility, reliability, as well as all issues relating to the "totality" standard can all be
enhanced with an officer's independent investigation and observation and additional
corroboration of the informant's and third party's information.
NOTE: Thorough investigation and analysis is important since informants can
intentionally give false and misleading information. Officers can also consult
with the on-duty ADA, where appropriate to evaluate these issues.
D. Sworn personnel must be prepared to verify the informant's past reliability at the
suppression hearing and all information placed in the warrant must be accurate and
appropriate to the best of the officer's knowledge.
DIRECTIVE 5.7 - 7
E. When information has been obtained from another person (criminal or citizen
informant, another police officer or anonymously), the officer completing the 75-175
must include specifically what information was received and how and when the
information was obtained.
F. Information obtained from informants, particularly criminal informants, must be
thoroughly examined and documented in order to use in and successfully sustain the
probable cause for the warrant and future court challenges. Sworn personnel should
strive to include as much information as possible in the probable cause section of the
affidavit. Information included should be:
REDACTED – LAW ENFORCEMENT SENSITIVE
DIRECTIVE 5.7 - 8
______________________________________________________________________________
6. PROCEDURE FOR THE EXECUTION OF THE SEARCH WARRANT
A. Executing the Search Warrant
1. The search warrant must be served during the "daytime" hours (6:00 AM to 10:00
PM) unless a "night-time" search (10:01 PM to 5:59 AM) has been authorized, on
the face of the warrant, by a judge or bail commissioner. It must also be served
within a specified period of time not to exceed two (2) days from the date of
issuance. A judge or bail commissioner may, however, designate a lesser period of
time for its execution.
a. Search and seizure warrants that have not been served within the specified
period of time, (two (2) days from the date of issuance), must be voided.
2. Sworn personnel serving the warrant will thoroughly review it for accuracy,
specifically concentrating on the exact location and description of property to be
searched.
3. Sworn personnel are expected to perform the search in a highly professional
manner. Officers will not use abusive or derogatory language, threats, or
intimidation while serving and executing a search warrant. Weapons should not be
displayed unnecessarily after the safety of the officers has been ensured and the
premises secured as authorized by Directive 10.1, “Use of Force – Involving the
Discharge of Firearms.” Officers engaging in improper or unprofessional conduct
will be subject to disciplinary action.
4. Property should never be damaged or destroyed unless the search cannot be
conducted without such action. The unnecessary damage or destruction of personal
property by police during a search is strictly prohibited and WILL result in severe
disciplinary action as well as possible review by the courts.
5. When individuals are present while a residential search warrant is being served:
a. Officers are required to complete a Vehicle or Pedestrian Investigation Report
(75-48A) on all individuals in the immediate vicinity during a search of a
residential location which is being conducted based upon a valid search
warrant.
b. According to the United States Supreme Court, the basis for the search warrant
provides the necessary justification to lawfully detain the occupants in the
immediate vicinity of a residential search, even if the officers have no reason to
suspect criminal activity by the individuals.
DIRECTIVE 5.7 - 9
c. While the search warrant allows the individuals present to be detained during
the search, it does not automatically authorize an officer to frisk the individuals.
Officers must have additional reasonable suspicion to believe the individual
present during a search warrant has a weapon that could harm the officer. The
additional reasonable suspicion must be articulated on the 75-48A when any
frisk is conducted.
B. Knock and Announce Rule
1. The purpose of the "knock and announce" rule is to prevent violence and physical
injury to police and occupants, to protect an occupant's expectation of privacy, to
prevent property damage resulting from forced entry and to give the occupants an
opportunity to surrender the premises.
2. The manner of entry is provided in Rule 2007 of the Pennsylvania Rules of
Criminal Procedure and is as follows:
a. Without exception, a law enforcement officer executing a search warrant shall,
before entry, give or make a reasonable effort to give notice of their identity,
authority and purpose to any occupant of the premise specified in the warrant.
b. Such officer shall await a response for a reasonable period of time after their
announcement before gaining entry into the property.
c. If the officer is not admitted after such a reasonable period of time, they may
forcibly enter the premises and may use as much physical force to effect entry
therein as is necessary to execute the search warrant.
NOTE: The courts have not precisely and uniformly determined the exact
period of time that can be considered "reasonable." However,
recent court decisions have shown that 30 seconds should be the
minimum time police personnel should delay their entry into a
property after announcing their presence and purpose.
C. Exceptions to the Knock and Announce Rule
1. While the courts recognize specific exceptions to the Knock and Announce rule, it
shall be the policy of the Philadelphia Police Department to knock and announce
prior to any warrant service. If any investigator believes that their safety is at risk
by knocking and announcing the warrant, the warrant service shall be referred to
the SWAT Unit.
D. Warrant Information Card (75-614)
DIRECTIVE 5.7 - 10
1. On every occasion where a search warrant has been obtained, sworn personnel will
give to the owner or occupant, a Warrant Information Card (75-614). If there is no
one present at the home, leave the Warrant Information Card (75-614) AND the
owner/occupant copy of the search warrant in a clearly visible area inside the
property.
2. The Warrant Information Card (75-614) MUST contain the following information:
a. Basic information about the search warrant process AND
1. Name
2. Rank
3. Unit
4. Office Phone Number
5. District/Unit Address of the Commanding Officer of the district/unit that
obtained the search warrant.
3. Questions or complaints concerning the warrant or search procedure can be
directed to the pertinent commanding officer.
E. Seizure of Property
1. Seizing officer will perform the following:
a. Inventory and record the items seized on all copies of the search warrant. If
necessary, reverse carbons and use the backside of the warrant to complete the
inventory.
b. Complete the warrant in the presence of the person from whom the items were
seized or in the presence of at least one witness.
c. Give the blue copy of the warrant, with listed items seized, to the person from
whom taken or, if no one is present, leave the copy in a conspicuous location.
d. If items are seized, request the signature of the person from whom taken or
witnesses to the seizure. If they refuse to sign, indicate so on the warrant.
e. Place their signature in the appropriate block.
f. Prepare a Property Receipt (75-3) and distribute it in accordance with Directive
12.15, “Property Taken into Custody.”
NOTE: Even when there is no property seized, a copy of the warrant must still
be given to the owner/occupant or left in a conspicuous location
along with the Warrant Information Card.
______________________________________________________________________________
7. PREPARATION OF COMPLAINT OR INCIDENT REPORT (75-48)
A. A Complaint or Incident Report (75-48) will be prepared when a search is needed. Use
the same DC number that was issued to the 75-175.
DIRECTIVE 5.7 - 11
B. In addition to the exigent circumstances information requested in Section 6-C-3
(where necessary), the 75-48 will also include: (PLEAC 2.7.2)
1. Date and time service was executed/attempted. (PLEAC 2.7.2 a)
2. Name of officer(s) executing/attempting service. (PLEAC 2.7.2 b)
3. Name of person on whom the search warrant was served/executed.
(PLEAC 2.7.2 c)
4. Address of service/attempt. (PLEAC 2.7.2 e)
5. Warrant Number.
6. Method of entry (consent, use of force, etc.). (PLEAC 2.7.2 d)
7. Results of search (arrest, seizure of items, negative results). (PLEAC 2.7.2 d)
8. Damage to property (describe in detail).
9. Wrong location - when the warrant has been served on the "wrong location" state,
"Warrant served on wrong location" and include both the correct and incorrect
numerical locations and the name of the owner/occupant of the incorrect location.
a. Damage to the property or service of warrants at a “wrong location" must be
reported to Police Radio immediately.
10. Whenever a search warrant has been served on a "wrong location," the
Commanding Officer of the district/unit that obtained the warrant will be notified.
They will notify the pertinent Chief Inspector and prepare a memorandum to the
Police Commissioner, sent through the chain of command, describing the entire
incident. The Commanding Officer of the district of occurrence will be notified by
the Commanding Officer of the district/unit that obtained the warrant.
NOTE: A "wrong location" does not exist when all factors indicate correct
warrant service at the premises described in the warrant was
accomplished. (i.e., simply because the search produced negative results,
does not indicate a "wrong location"). However, negative search
incidents should be carefully reviewed by the supervisor and by the
Commanding Officer when they review the search warrant as per Section
9-B of this directive and take action when necessary.
______________________________________________________________________________
8. DISTRIBUTION OF SEARCH WARRANT (75-175) AND COMPLAINT OR
INCIDENT REPORT (75-48)
A. Before the search warrant is broken down, photocopy the Reports Control (white) copy
and note on the bottom "Commanding Officer Central File" and give to the district/unit
Commanding Officer that obtained the warrant. (If a 75-51 has been completed, also
make a copy for the "Commanding Officer Central File").
DIRECTIVE 5.7 - 12
B. 75-175 75-48
White Retained by Affiant N/A
(Affidavit)
White Reports Control Reports Control (PLEAC 2.7.1)
Canary Property seized and Dist/Unit case file
Arrest Made or Only
Arrest Made (Attach
forward to Arraignment Court)
All Other Cases or Dist/Unit case file
Combinations (to Clerk of
Quarter Sessions, 1301 Filbert
Street
Green Property seized and N/A
Arrest Made or only
Arrest Made (to District
Attorney at Arraignment Court)
Property seized, No Arrest N/A
or No seizure, No Arrest
(to District Attorney's Office –
3 South Penn Square)
Non-Service or No Search N/A
(To Reports Control)
Pink Retained by bail commissioner N/A
Blue Owner/Occupant/Premise N/A
Copy
C. Voided Warrants
1. Partially and completed 75-175s with no judge's or bail commissioner's signature
are to be maintained by the district/unit Commanding Officer, except for the
Reports Control copy.
a. Mark the word "VOID" in large block letters across face of the warrant.
b. Describe the reason for voidance in "Results of Search" block and include
the supervisor's concurring signature.
c. Record on the Internal Control Log (75-390) that the warrant is void.
d. Send the "voided" white copy of the 75-175 to Reports Control.
DIRECTIVE 5.7 - 13
2. Whenever a search warrant is voided, the immediate supervisor will prepare a
memorandum to their Commanding Officer explaining why the warrant was
voided.
a. This will include search and seizure warrants that have not been served within
the specified period of time (two (2) days from the date of issuance).
______________________________________________________________________________
9. SEARCH WARRANT CONTROL LOG (75-390)
A. The Search Warrant Control Log (75-390) shall be maintained by Commanding
Officers to ensure internal control of search warrants issued by their command.
B. Commanding Officers shall review this log periodically, and on a monthly basis review
each search warrant issued to ensure all legal and departmental guidelines have been
carried out.
______________________________________________________________________________
10. ACQUISITION AND DISTRIBUTION OF THE 75-175
A. District/Unit Commanding Officers will always ensure that district/unit's DAR code
number is placed on the memorandum to the Police Warehouse when requests for 75-
175s are made. No warrants will be distributed unless a memorandum with the proper
DAR code number is re-sent to the warehouse supervisor.
B. District/Unit Commanding Officers will always ensure, as per Section 1-C of this
directive that the distribution of the search warrants to personnel are completed only in
sequential order.
______________________________________________________________________________
11. ARRESTS IN PRIVATE RESIDENCES
A. Absent exigent circumstances, the following warrant requirements must be met for a
legal arrest in a private residence:
1. An arrest warrant is needed before an individual may be arrested in their place of
residence regardless of the grade of the offense.
2. Both an arrest AND a search warrant are needed to enter a residence other than the
defendant's in order to search for and arrest the defendant.
3. Both an arrest AND a search warrant are needed to enter any residence, whether
owned by the defendant or not, if the purpose of the police entry is to arrest a
suspect and search for evidence.
DIRECTIVE 5.7 - 14
B. Warrantless arrests and searches are permitted where exigent circumstances exist.
However, courts generally review the reasonableness of police actions based upon
exigent circumstances on a case-by-case basis and these issues are closely scrutinized.
As a basic rule of procedure where time and circumstances permit, an arrest and/or
search warrant must be obtained. (PLEAC 1.2.3)
1. Some factors, which courts consider in determining whether exigent circumstances
existed, are:
a. the reasonable belief that a threat of physical harm to police officers or others
exists unless an arrest is made immediately.
b. the seriousness of the offense.
c. a strong reason to believe that the suspect is on the premises AND committed a
crime.
d. the likelihood that the suspect will escape.
e. a "hot pursuit" of a suspect who flees into a building.
f. the manner of entry (i.e., REDACTED – LAW ENFORCEMENT
SENSITIVE).
2. Officers will be required to document the fact that such exigent circumstances
existed and may be required to articulate such details through court testimony.
3. EXIGENT CIRCUMSTANCES DO NOT EXIST WHERE OFFICERS CREATE
THEIR OWN EMERGENCY. (E.G., IF AN OFFICER PLACES
THEMSELVES IN A PLACE WHERE THEY ARE NOT LEGALLY
PERMITTED TO BE AND THEY ARE FORCED TO TAKE POLICE ACTION.
THE COURTS MAY NOT PROTECT THESE ACTIONS UNDER EXIGENT
CIRCUMSTANCES.)
C. An arrest for any crime committed in the presence of police does not require a warrant
regardless of the location in which the arrest is made, provided the arrest occurs
immediately.
______________________________________________________________________________
12. CONSENT TO SEARCH
A. The consent to search is one of the few legally recognized exceptions, created by the
U.S. Supreme Court, permitting law enforcement personnel to search a person or
property without a search warrant.
B. Officers obtaining a consent to search must proceed carefully as a knowing, voluntary,
and informed choice by the individual to be searched must be given.
C. Once consent is given, sworn personnel may seize:
1. Contraband, the fruits of a crime, or other things criminally possessed.
DIRECTIVE 5.7 - 15
2. Property which is or has been used as the means of committing a criminal offense.
3. Property, which constitutes evidence of the commission of a criminal offense.
D. This section guides personnel in the use of the consent to search either a person, place
or thing.
E. Sworn personnel should only use the consent to search when there exists less than the
requisite probable cause to conduct a warrantless search or to secure a search warrant.
F. Consent to search will not be used as a substitute for a valid search warrant. If the
officer has probable cause and there are no exigent circumstances, which require an
immediate search, they MUST obtain a search warrant.
G. A supervisor will always be consulted before a consent to search and, unless there are
extenuating circumstances, a supervisor (not necessarily from the
officer’s/investigator’s district/unit that is requesting approval) should be physically on
location and sign/endorse the Consent to Search Form (75-668).
1. Consent to a STRIP SEARCH MUST be approved, in writing, by the highest-
ranking supervisor available in the district/unit.
2. Consent to a BODY CAVITY SEARCH MUST be approved, in writing, by a
Lieutenant or higher-ranking supervisor.
a. A Consent to Search Form (75-668) and a Complaint or Incident Report (75-
48) WILL be completed for these two types of consent searches. Consent to
perform strip or body cavity searches will be conducted as prescribed in Section
21.
H. All consent searches should be in writing using a Consent to Search Form (75-668).
______________________________________________________________________________
13. REQUIREMENTS FOR A CONSENT TO SEARCH
A. The courts will uphold a consent to search only when the following conditions have
been met:
1. that a statement has been made consenting to the search;
2. that it has been given by the owner or possessor of the premise;
3. by a third party who possesses common authority over or other sufficient
relationship to the property or effects to be searched,
4. and the consent is given voluntarily AND without being the result of duress or
coercion, either expressed or implied.
DIRECTIVE 5.7 - 16
B. Factors, which may suggest to a court that consent was voluntarily given, include but
are not limited to:
1. the consenting party was not in police custody at the time of their consent;
2. the consenting party's custodial status was voluntary when consent was given;
3. the consenting party believed police would find no contraband;
4. the consenting party was aware of their right to refuse;
5. the consenting party was informed by police prior to the request for consent what
the police were searching for;
6. the consenting party signed a consent to search form prior to the search; and
7. that the consenting party agreed to assist police in conducting the search.
C. Factors, which may suggest to a court that consent was coerced, include but are not
limited to:
1. the presence of abusive or overbearing police actions and procedures;
2. police use of deception or trickery to gain consent to search;
3. statements or actions by police indicating the consenting party was not free to
refuse the search;
4. where consent is given by a person already in police custody;
5. where police had blocked or impaired the consenting party's freedom of movement;
and
6. where consent was granted but only after it had been refused initially.
D. In addition to the requirements described in Section 13-A above, officers will ensure
they provide the consenting party with the following warnings:
1. that the consenting party has the right to require the police to obtain a search
warrant; and
2. that they have the right to refuse to consent to a search.
E. If the person is in police custody, three (3) additional warnings must be provided:
1. that any items found can and will be confiscated and may be used against them in
court;
2. they have the right to consult with an attorney before making a decision to consent;
and
3. they have the right to withdraw their consent at any time.
NOTE: In addition to the factors described in this section, officers should also take
into consideration the mental competence of the person granting consent,
whether they are under the influence of drugs or alcohol, and their age.
The status of a minor alone does not prevent one from giving consent.
DIRECTIVE 5.7 - 17
______________________________________________________________________________
14. SCOPE OF THE CONSENT TO SEARCH
A. The following limitations are placed upon an officer who has been granted a consent to
search:
1. An officer may NOT exceed the limits of the consent.
a. If consent has been granted to search for a particular object or person, the
officer may only search those places where the person or object could be found.
2. Consent may be revoked at any time during the course of the search.
a. However, items found before the consent was revoked remain subject to
seizure.
3. Sworn personnel should not open locked containers without specific permission
from the consenting party.
a. This is permission above and beyond the initial consent.
NOTE: A consent search may disclose the basis for an arrest or for the
probable cause needed to acquire a search warrant.
______________________________________________________________________________
15. PROCEDURE FOR CONDUCTING A CONSENT TO SEARCH
A. The procedures to be followed for conducting a consent to search:
1. A supervisor will always be consulted before a consent to search and, unless there
are extenuating circumstances, a supervisor (not necessarily from the
officer’s/investigator’s district/unit that is requesting approval) should be
physically on location and sign/endorse the Consent to Search Form (75-668).
Consent to a strip or body cavity search requires written approval of a supervisor.
NOTE: The procedures in Section 21 of this directive must be adhered to when
conducting strip or body cavity searches.
2. Determine the consenting party's authority to truly give consent to search.
3. Provide the consenting party with all pertinent warnings as outlined in Section
13-D and E.
4. Prepare the Consent to Search Form (75-668) for each request ensuring as much
information as possible is completed before presenting it to the consenting party.
DIRECTIVE 5.7 - 18
5. Provide a detailed description of the person or property to be searched and the
particular offense under investigation.
6. Before the consenting party signs the form, the officer will read the statement they
are signing and explain it to them.
7. Obtain a witness (may be another officer) to serve the consenting party and to sign
the document. Witness must be competent and available to testify.
8. Request a signature of the consenting party. If the consent is granted, but the party
refuses to sign, note the refusal on the consent form.
9. Ensure the witness or another officer accompanies the searching officer throughout
the premises. REQUEST THAT THE CONSENTING PARTY ALSO
ACCOMPANY THE SEARCHING OFFICER THROUGH THE PREMISES.
______________________________________________________________________________
16. SEIZURE OF PROPERTY
A. When property is seized as a result of the search, police will:
1. Strike out the word "nothing" in the Results of Search section of the Consent to
Search Form.
2. List the items seized on the Consent to Search Form. Reverse the carbon of
Consent to Search Form and use the back if additional space is required.
3. Prepare a Property Receipt (75-3) listing all items seized. If the consenting party
refuses to return to the district/unit to complete the Property Receipt, note the
refusal on the receipt.
4. Note the Property Receipt number on the Consent to Search Form.
5. Have the consenting party sign the Consent to Search Form on the bottom section
below “Results of Search.” Explain that their signature indicates that police only
seized those items listed. If the party refuses to sign, note the refusal on the form.
(This will amount to the consenting party's signature appearing twice on the
Consent to Search Form and once on the Property Receipt).
6. Have the witnesses sign the Consent to Search Form just below the consenting
party's signature. (This will also amount to the witnesses’ signature appearing
twice on the Consent to Search Form).
7. Give the carbon copy of the Consent to Search Form to the consenting party, as
well as the pertinent copy of the Property Receipt (75-3).
DIRECTIVE 5.7 - 19
______________________________________________________________________________
17. NO SEIZURE OF PROPERTY
A. When there is no property seized, police will:
1. Strike out the words "only those items listed below" in the Results of Search
section.
2. Insert N/A in the spaces provided for inventory of items.
3. Have the consenting party sign the Consent to Search Form on the bottom section
below “Results of Search.” Explain that their signature indicates that the police
seized nothing. If the party refuses to sign, note the refusal on the form (This will
amount to the consenting party's signature appearing twice on the Consent to
Search Form).
4. Have the witnesses sign the Consent to Search Form just below the consenting
party's signature (This will amount to the witnesses’ signature(s) appearing twice
on the Consent to Search Form).
5. Give the carbon copy of the Consent to Search Form to the consenting party.
______________________________________________________________________________
18. SEARCH AND SEIZURE OF LUGGAGE
A. The scope of a search incident to a lawful arrest is limited to the person arrested and the
area within their immediate control.
B. The search of personal property immediately associated with the arrestee does not
require a search warrant (e.g., wallets, purses).
C. When an arrested individual is carrying a suitcase, briefcase, footlocker, etc., the
luggage may be seized. However, the contents of the luggage are generally not within
the immediate control of the arrested individual and therefore, the luggage can only be
opened/searched pursuant to the following guidelines:
1. When the arresting officer has probable cause to believe that a suitcase, briefcase,
footlocker, etc., may contain contraband or instruments of a crime, the luggage
shall be seized, but NOT opened until a search warrant has been properly secured.
2. In all cases where exigent circumstances exist, an immediate search may be made
at the time of the arrest. However, the exigent circumstances must be clearly
articulated. Exigent circumstances include, but are not limited to the following:
a. Immediately dangerous instruments (e.g. explosives).
DIRECTIVE 5.7 - 20
b. Definite possibility that evidence may be destroyed or the evidence is
perishable (e.g., blood).
D. When the arresting officer has no reason to believe that the luggage contains
contraband or evidence, the luggage shall be seized and:
1. Placed on a Property Receipt (75-3) in accordance with Directive 12.15, “Property
Taken into Custody.”
2. The luggage will be opened and inventoried in the presence of the person from
whom it was seized. Items will be listed on the pertinent property receipts.
NOTE: Property of different categories inside the luggage must be placed on
separate property receipts (e.g., prescription medicine, money, jewelry
must be placed on separate receipts and stored separately from the
luggage).
a. If the luggage, bag, etc., does not fit in the evidence drop box, it must be stored
in the evidence holding room.
______________________________________________________________________________
19. PREMIERONE RECORDS MANAGEMENT SYSTEM (P1RMS)
A. When an arrest is made or evidence is seized, ensure the Premier One Records
Management System (P1RMS) contains the following:
1. Identity of the consenting party by name, age, race, sex, date of birth, and address.
2. Facts and circumstances indicating the consenting party owned or controlled the
property searched or had common authority over it. (e.g., Person had possession of
item to be searched, they identified themselves as the owner, utility company or tax
records reflect ownership, possession of the lease or deed, witnesses statements).
3. Facts and circumstances indicating the consent was given voluntarily (See Section
13-B).
4. Facts and circumstances of the search.
B. PRELIMINARY DISCOVERY - In order for the District Attorney’s Charging Unit
(DACU) to have sufficient information to approve an arrest in PARS, investigators
will ensure that the below information is entered and/or scanned into the P1RMS
system immediately upon completion of the PARS report (and before the end of the
investigator’s tour of duty).
1. Required PRELIMINARY DISCOVERY needed for PARS Arrest approval:
DIRECTIVE 5.7 - 21
a. 75-48 – Complaint or Incident Report.
b. 75-48A – Vehicle/Pedestrian Investigation Report (when applicable).
c. Victim(s)/Complainant(s) signed statement (75-483).
d. Witness(es) signed statement (75-483).
e. Defendant(s) signed statement (75-331) (when applicable).
f. Police Officer(s) signed statement (75-483).
g. Property Receipt(s) (75-3).
h. Description of suspect/defendant identification procedure (describe street
identification).
i. Biographical Data Report (75-229).
j. Search and Seizure Warrants (75-175) if served.
k. Retail Theft Apprehension Form (75-635) (when applicable).
l. Ownership and Non-Permission Interview Sheet (75-636) (when applicable).
m. Auto Accident Reports (TrACS) (i.e., DUI arrest with auto accident).
n. Upload Photo Array.
o. 75-43A Supplemental (if applicable).
p. Consent to Search (75-668) and/or Consent to Search DNA Form (75-625).
2. It is important to note that any and all forms, reports, documents, and items used
or seized in any investigation or arrest WILL be entered into the P1RMS.
NOTE: The Commanding Officer of the Unit/Division assigned to the
investigation/arrest will be responsible for ensuring that all police
reports pertaining to the investigation/arrest are properly transmitted to
the District Attorney’s Office.
C. When a consent to search was requested or conducted in an attempt to apprehend a
wanted subject, document on the "Attempt to Apprehend Log" and in P1RMS Case
File. Place a copy in the wanted person's folder.
______________________________________________________________________________
20. CONSENT TO SEARCH FORMS
A. Depending on the circumstances, the following forms will be used:
1. Use Form 75-668 when consenting party understands English and/or Spanish,
whether or not in custody.
NOTE: When available, a Spanish-speaking officer or witness/interpreter should
be utilized to ensure that the consenting party fully understands the
conditions of their consent.
2. Distribution of the Consent to Search Form (75-668) will be as follows:
a. White Copy - will be maintained by the Commanding Officer, Reports Control
Unit.
DIRECTIVE 5.7 - 22
b. Yellow Copy - will be maintained by the Commanding Officer of the
district/unit where the officer is assigned.
c. Pink Copy - will be given to the consenting party.
B. Use the Consent to Search Form (DNA Sample) 75-625/Request for Expungement
(Voluntary DNA Sample) 75-625A when:
1. The consenting party freely and voluntarily consents to give a biological sample
(i.e., oral swab, blood) intended for DNA comparison whether or not the
consenting party is in custody. Ensure that all boxes are properly filled out prior
to obtaining the sample.
NOTE: If the person does not understand English, an appropriate interpreter
must be utilized to ensure that the consenting party fully understands the
conditions of their consent (Refer to Directive 7.7, “Limited English
Language Proficiency”).
2. Acquisition of the 75-625/75-625A will be the same procedure as outlined in
Section 10.
3. Distribution of the 75-625/75-625A will be as follows:
a. White Copy (75-625) will be attached to the Property Receipt (75-3) prepared
for the sample submitted to the Office of Forensic Science.
b. Yellow Copy (75-625) will be maintained by the Detective Division and/or
Investigative Unit collecting the sample.
c. Pink Copy (75-625) will be given to the consenting party.
d. Request for Expungement Form (75-625A) will be given to the consenting
party.
4. Control of the forms should remain with each unit’s Commanding Officer to ensure
internal control and sequential issuing of the form by their command.
NOTE: No other forms will be used for collecting a consent DNA sample. A
sample of the 75-625/75-625A is contained at the end of this directive.
______________________________________________________________________________
21. STRIP AND BODY CAVITY SEARCHES
A. Procedures outlined in this section are to guide members of the Philadelphia Police
Department in the effective and proper use of strip and body cavity searches.
DIRECTIVE 5.7 - 23
B. Sworn personnel of the Philadelphia Police Department shall conduct ALL searches in
a legal, thorough and professional manner.
C. Sworn personnel may conduct intrusive searches, such as a strip or body cavity search,
ONLY under the limited circumstances described in this section. POLICE
PERSONNEL ARE NOT PERMITTED TO ROUTINELY CONDUCT OR
AUTHORIZE STRIP/BODY CAVITY SEARCHES ON EVERY INDIVIDUAL
TAKEN INTO POLICE CUSTODY.
D. A strip search may only be conducted when an individual has been lawfully taken into
custody AND sworn personnel can identify specific factors which establish a
reasonable suspicion that the individual possesses a weapon or contraband, such as
controlled substances, or evidence of a specific crime.
E. A body cavity search may only be conducted when an individual has been lawfully
taken into custody AND sworn personnel have obtained a search warrant thereby
establishing probable cause to search for:
1. contraband, the fruits of a crime, or things otherwise criminally possessed; or
2. property which is or has been used as a means of committing a criminal offense; or
3. property, which constitutes evidence of the commission of a criminal offense.
EXCEPTION: A search warrant is not required when an individual to be searched
gives written consent to a search.
F. Any strip search conducted must be approved, in writing, by the highest-ranking
supervisor available in the district/unit. Any body cavity search will only be approved,
in writing, by a Lieutenant or higher-ranking officer. They will also be present in the
area of the search or designate a subordinate supervisor to do so (need not visually
witness the search).
G. All police districts, narcotics and detective units, as well as other units where persons
may be brought for investigation, arrest or processing, will maintain a strip/body cavity
search file (Homicide, PDU, etc.). This file will be maintained alphabetically by the
last name of the individual who was searched. The yellow copy of the Complaint or
Incident Report (75-48) will be maintained in the file. District/Unit Commanding
Officers will review and initial the report before it is placed in the file. This file will be
maintained for five (5) years.
H. Definitions
1. Standard Search - the thorough physical examination of an individual taken into
custody pursuant to an arrest, a warrant, evidence of a specific crime, or where
consent has been given by the individual. This search is used to uncover a weapon
or contraband such as controlled substances.
DIRECTIVE 5.7 - 24
NOTE: The mouth (oral cavity) search is part of the standard search and should be
completed when this type of search is to be utilized, if necessary.
a. The search can consist of the removal of a person's OUTER GARMENTS (i.e.,
the coat, jacket, sweater, vest, wig, shoes, socks, hat, and handbag or wallet) as
well as the grabbing, squeezing or sliding the hands over the remaining clothing
to detect a weapon or contraband.
b. A standard search does not preclude the touching of any part of the person's
body, through their clothing, in an attempt to ensure that the person does not
possess a weapon or contraband.
c. Police personnel may also conduct a subsequent standard search on arrested
individuals delivered to their custody as outlined in Directives 5.14,
“Investigation and Charging Procedure” and Directive 7.8, “Adult Detainees in
Police Custody.”
2. Strip Search - the removal or rearrangement of clothing to permit the VISUAL
inspection of a person's undergarments, buttocks, anus, genitals or breasts to search
for a weapon or contraband such as controlled substances.
3. Body Cavity Search - the actual entering or touching, by instrument or appendage,
a person's anal or vaginal area ONLY in an effort to search for a weapon, evidence
or contraband such as controlled substances.
______________________________________________________________________________
22. STRIP SEARCH GUIDELINES
A. STRIP SEARCHES
1. Can only be conducted with:
a. The existence of specific factors which establish a reasonable suspicion by the
officer that the individual possesses a weapon or contraband, such as controlled
substances, or evidence of a specific crime and that person has been lawfully
taken into custody.
b. These factors are taken into consideration:
1) nature of the crime;
2) circumstances of the arrest;
3) acts of violence, if any
4) discoveries from prior arrests and/or previous searches of the subject;
5) subject's reputation or conduct.
DIRECTIVE 5.7 - 25
NOTE: The search must be authorized, in writing, by the highest-ranking
supervisor available in the district/unit. The supervisor, or a
subordinate supervisor will be present in the area of the search (they
need not visually witness the search). Also, the mere fact that an
arrest has occurred for a specific crime (e.g., Narcotics Offense) is
not, by itself, reasonable suspicion to conduct a strip search. All
factors must be considered prior to requesting a strip search.
2. WILL be conducted:
a. In a dignified and professional manner and the person to be searched will not be
required to remain unclothed any longer than is necessary to complete the
search.
b. In a police or medical facility or other secure building except under exigent
circumstances.
c. In private and by an officer of the same sex as the person to be searched.
(When practical, two officers of the same sex will be present).
NOTE: An officer may not touch the undergarments or the exposed breasts,
genitals, vaginal or anal areas of the person being searched, unless it
is to remove/recover a weapon, contraband, or evidence of a specific
crime. Use verbal commands to complete the search.
3. WILL NOT be conducted for:
a. Traffic violations ONLY,
b. Investigatory stops ONLY,
c. Summary offenses requiring only the issuance of a Non-Traffic Summary
Offense Citation (03-8) where the person is to be immediately released upon its
completion.
______________________________________________________________________________
23. BODY CAVITY SEARCH GUIDELINES
A. BODY CAVITY SEARCHES
1. Can only be conducted if:
a. The person has been lawfully arrested AND a warrant outlining the probable
cause to believe the person possesses:
1) contraband, the fruits of a crime, or things otherwise criminally possessed;
or
DIRECTIVE 5.7 - 26
2) property which is or has been used as a means of committing a criminal
offense; or
3) property, which constitutes evidence of the commission of a criminal
offense.
2. Person to be searched gives written consent.
NOTE: Although a body cavity search is technically authorized by the authority
issuing the search warrant, the request for such a warrant will still be
approved and authorized, in writing, by a Lieutenant or higher-ranking
supervisor. That supervisor, or a subordinate supervisor, will be present
in the area of the search (they need not visually witness the search).
3. WILL be conducted:
a. In a medical facility and ONLY by a licensed physician and their medical staff.
b. In private and in view of only the doctor, medical staff and an officer(s) of the
same sex as the person to be searched.
c. In a dignified and professional manner and the person to be searched will not be
required to remain unclothed any longer than the physician has deemed
necessary.
4. WILL NOT be conducted for:
a. Traffic violations ONLY,
b. Investigatory stops ONLY,
c. Summary offenses requiring only the issuance of a Non-Traffic Summary
Offense Citation (03-8) where the person is to be immediately released upon its
completion.
______________________________________________________________________________
24. STRIP/BODY CAVITY SEARCH PROCEDURE
A. Sworn personnel requesting a search (strip/body cavity) will:
1. Ensure the person to be searched is properly secured until authorization is granted
to search.
2. Request the presence of the highest-ranking supervisor available in the district/unit.
3. Request the assistance of an officer of the same sex as the person to be searched, if
not present.
DIRECTIVE 5.7 - 27
4. State the facts, to the authorizing supervisor, which reveals their reasonable
suspicion (strip search) or probable cause (body cavity search).
5. If a strip search is approved, conduct as described in Section 22.
6. If a body cavity search is approved, obtain a warrant as per Section 3.
B. Supervisor authorizing (strip/body cavity search):
1. Will evaluate the officer's request and ensure it meets the standard of reasonable
suspicion (strip searches) or probable cause (body cavity searches) and take into
consideration the totality of facts and circumstances including:
a. nature of the crime;
b. circumstances of the arrest;
c. acts of violence, if any
d. discoveries from prior arrests and/or previous searches of the suspect;
e. suspect's reputation of conduct.
NOTE: The authorizing supervisor will not approve a strip search solely on the
fact that an arrest has occurred for a specific crime (e.g., narcotics
offense).
2. Will approve or disapprove the request.
3. Will ensure the search is conducted in the proper facility as indicated in Section
22 and 23 of this directive.
4. Will ensure a strip search is conducted and viewed ONLY by an officer(s) of the
same sex and that a cavity search is conducted and viewed ONLY by a licensed
physician, medical staff and an officer(s) of the same sex as the person being
searched.
5. Will be, or have a designated supervisor, present in the area of the search as it
occurs (need not visually witness the search).
6. Will prepare, or designate a subordinate supervisor to prepare, a strip or body
cavity search Complaint or Incident Report (75-48) for every individual search
conducted. ALWAYS use the District Control number of the original assignment
or arrest.
a. A new District Control number will ONLY be obtained when there is no
District Control number for the original assignment.
NOTE: A copy of the search 75-48 must be scanned into the Case File.
DIRECTIVE 5.7 - 28
EXCEPTION: Where there is no Summary Citation. (See Section 25-C).
7. Will ensure the 75-48 includes the following:
a. Name of the person searched (Complainant Block).
b. Name and badge number of the officer requesting the search.
c. Specific factors justifying the search.
d. Type of search conducted (strip or body cavity).
e. Whether the search was conducted under a warrant (include warrant number),
consent, reasonable suspicion, or probable cause.
f. Signature and badge number of the officer or physician's signature that
conducted search.
g. Name and badge number of the witnessing officer.
h. Date, time started, time finished and location where the search took place.
i. Any item(s) found during the search.
j. AUTHORIZING SUPERVISOR’S SIGNATURE AND BADGE NUMBER.
8. Will ensure that a strip/body cavity search was conducted and its details are noted
on the district/unit S&R, noting the pertinent information including the District
Control number.
C. Sworn personnel conducting a search (strip search only) will:
1. Ensure the area where the search will take place is secure and cannot be used to
escape custody.
2. Not touch the person's exposed breasts, anus, buttocks, genitals, or undergarments.
Use verbal commands to ensure a thorough search.
3. Inform the authorizing supervisor of the items found.
4. Sign and include the badge number on the 75-48.
D. ORS/Investigative Unit Supervisor will:
1. Ensure that a 75-48 is prepared, submitted, and, when an arrest is made and
scanned into the Case File whenever a strip/body cavity search is conducted.
2. Code search 75-48 – Strip Search (no code number).
3. Ensure that an entry is made on the S&R with a brief description of the incident.
4. In addition, ensure that if a juvenile has undergone a strip/body cavity search, that
it is noted in the remarks section of the computerized Juvenile Flow Chart.
DIRECTIVE 5.7 - 29
NOTE: Whenever there is a Summary Citation, the strip/body cavity search 75-48
will always be attached.
E. Commanding Officers will periodically review 75-48s to ensure the guidelines in this
directive are followed.
1. On a monthly basis, the district/unit Commanding Officer will send a memorandum
through the chain of command to the Commanding Officer, Standards and
Accountability, listing the number of strip/body cavity searches conducted by their
personnel; include a DC number.
______________________________________________________________________________
25. DISTRIBUTION OF SEARCH 75-48 (STRIP/BODY CAVITY SEARCHES)
A. The strip/body cavity search 75-48 will be distributed as follows:
1. White copy – scanned into the P1RMS Case File.
2. Yellow copy - maintain alphabetically in district/unit strip search file of district/unit
conducting the search.
B. When only a Summary Citation (03-8) is required:
1. White copy - attach to yellow copy of citation (Reports Control).
2. Pink copy - attach to blue copy of citation (Police District).
3. Yellow copy- maintain alphabetically in district/unit strip search file of the district/
unit conducting the search.
C. When the person searched is released and not charged: (no Summary Citation).
1. White and pink copy - hand delivered to the ORS of the district of apprehension
who will distribute as per Directive 12.11, “Complaint or Incident Report (75-48).”
The delivery must be completed within 24 hours of the search.
2. Yellow copy - maintain alphabetically in the district/unit strip search file of district/
unit conducting the search.
______________________________________________________________________________
26. SEARCH WARRANT TRACKING
A. It will be the overall responsibility of the Reports Control Unit to monitor and track the
flow of all Department search warrants from their release by the Police Warehouse, to
the individual districts/units, on through their service, post service, and filing stages.
Individual Commanding Officers will have the ability to monitor their original
affidavits on a regular basis to ensure total compliance with this directive.
DIRECTIVE 5.7 - 30
B. The Integrity Control Office will be responsible for an additional level of oversight
pertaining to the actual review of the search warrants. This review will help to identify
any improprieties or corruption. A statistical report will be generated for the Police
Commissioner as directed.
C. It will be the responsibility of the district/unit Commanding Officers, with the
exception of Homicide and the Special Investigations Bureau's (SIB) units, to obtain,
distribute, control, review and file all search warrants that have been assigned to their
district/unit in accordance with this directive.
D. It will be the responsibility of the Homicide and SIB Unit commanders/supervisors
(captain, lieutenants and sergeants) to obtain, distribute, control, review and file all
search warrants that have been assigned for their unit’s use. By delegating this
responsibility to the supervisors instead of the commanders of the two units expected to
use the greatest number of warrants, a more efficient method of tracking can be
developed.
E. Only a supervisor will be able to obtain a package of warrants (packages contain 25)
from the warehouse. No more than two packages (50 warrants) will be obtained per
visit.
F. The procedures outlined in this directive and Computer Training Bulletin 95-1 must be
strictly followed and commanders/supervisors will become thoroughly familiar with
their contents. Supervisors WILL NOT give their personal computer sign-on code, or
delegate after signing on, to a subordinate to perform any required entry to the Search
Warrant Tracking System.
G. The contents of this section does not relieve the Commanding Officers of any
district/unit, including Homicide and SIB, from maintaining the overall responsibility
for any and all warrants issued to their personnel. The Commanding Officer's
goldenrod copy of the 75-175, along with all required computer entry printouts, will be
maintained in their file for compliance with departmental policies and procedures.
NOTE: All copies of a voided affidavit/warrant are to be sent to Reports Control,
except the Commanding Officer's copy, which will be retained in their file.
H. Confidential warrants are those warrants, approved by the affiant's Chief Inspector that
should remain confidential, however, the warrant numbers must still be maintained
A memorandum will be sent by the affiant's Chief Inspector holding the confidential
warrant to the Chief Inspector, Office of Professional Responsibility, listing all such
warrants. The Chief Inspector, Office of Professional Responsibility, must approve
these requests. When it has been determined by the requesting bureau’s Chief
Inspector that there is no longer a need for confidentiality, the necessary information
concerning all aspects of these warrants must be immediately entered into the
computer.
DIRECTIVE 5.7 - 31
I. Updating the search warrant by computer as required will be the responsibility of the
affiant's supervisor/commander. All questions asked on the computer MUST be
answered (e.g., Is there a body warrant along with the search warrant? What is the
body warrant number?).
______________________________________________________________________________
27. OBTAINING WARRANTS FROM THE POLICE WAREHOUSE
A. Warehouse personnel will:
1. Only accept, from the printer of the warrants, the proper numerical, sequential
75-175’s as per contract specifications.
2. Continually rotate the stock of search warrants and distribute them in sequential
order only.
3. Release search warrants only to Police Department supervisors showing proper
identification and presenting a memorandum, which MUST include the name and
rank of the commander/supervisor of the requesting district/unit, payroll number
and a six-digit DAR unit/platoon code number. (Exception: Office of the District
Attorney and Pennsylvania State Police)
NOTE: The first four digits of the DAR code refer to the district/unit, while the
last two digits refer to the platoon (e.g., 1st Dist., 5 platoon = 010050).
4. Ensure, alongside the receiving supervisor, that each package contains 25
sequentially numbered warrants.
5. Immediately enter all pertinent information concerning the issuance of the warrant
package into the computer in accordance with Computer Training Bulletin 95-1.
B. District/Unit Commanding Officers will:
1. Prepare a memorandum noting name, rank, payroll number and complete DAR
unit/platoon code number addressed to the Supervisor, Police Warehouse, along
with the 71-S-91, Materials Issue Slip.
2. Send a supervisor (administrative lieutenant/sergeant) to obtain warrants.
3. Inform the supervisor to accurately count the number of warrants in each package
and ensure they are in sequential order.
4. Log all warrants in sequential order in the Search Warrant Control Log (75-130).
C. Homicide/SIU Units' Commander/Supervisor (captain/lieutenant/sergeant) will:
DIRECTIVE 5.7 - 32
1. Prepare a memorandum noting name, rank, payroll number, and complete six-digit
DAR unit/platoon code number as shown below.
NOTE: The memorandum must be from the supervisor of the unit or platoon, not
from the Commanding Officer.
SAMPLE: TO: Supervisor, Police Warehouse
FROM: Lieutenant John Doe, Homicide Unit, 600320, Payroll #
SUBJ: REQUEST FOR SEARCH WARRANTS
Obtain or send a subordinate supervisor to obtain the warrants.
Log all warrants in sequential order in the Search Warrant Control Log (75-
130).
NOTE: All units/platoons in Homicide or SIB must have their own 75-130s.
______________________________________________________________________________
28. DISTRIBUTING INDIVIDUAL WARRANTS
A. Only a commander/supervisor may distribute a warrant to an officer/investigator (also
known as the Affiant). An issuing supervisor WILL NOT be the affiant. Distribution
must be done in sequential order.
NOTE: Officers from one district/unit in need of a warrant WILL NOT be denied a
warrant because they are not assigned to the district/unit in possession of an
available warrant. A warrant will be made available to any officer or
investigator in need of one (e.g., Narcotics officers working in Northeast
Division will always be able to obtain a warrant from Northeast Detective
Division).
B. Distributing Commander/Supervisor will:
1. Follow the procedures outlined in Computer Training Bulletin 95-1, selecting menu
screen number 2 and immediately enter all necessary information requested into the
computer.
2. Immediately complete the 75-130.
NOTE: Failure to immediately enter the information requested into the computer
will be cause for follow-up review of the status of that warrant by
the Reports Control Unit.
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29. UPDATING SEARCH WARRANTS
DIRECTIVE 5.7 - 33
A. Once a warrant has been issued and either served or voided, it is incumbent upon the
receiving officer’s/investigators' supervisor to update the warrant by following the
procedures in Computer Training Bulletin 95-1, selecting menu number 2 and
immediately enter all necessary information requested into the computer.
B. All fields on the computer screen must be completed except when a warrant has been
voided. In these cases, follow the directions in Computer Training Bulletin 95-1
under "Void Procedure."
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30. INTERNAL AFFAIRS RESPONSIBILITIES
A. Only authorized Internal Affairs personnel will have access to Menu Selection #4,
"Modify Screen” through the WRNT command on the Police system.
B. Authorized personnel will adhere to the procedures outlined in their copy of Computer
Training Bulletin 95-1 and must answer the question concerning complaints.
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31. REPORTS CONTROL RESPONSIBILITIES
A. Only authorized Reports Control personnel will have access to Menu Screen #5,
"Reports Control Update Screen."
B. Authorized personnel will adhere to the procedures outlined in their copy of Computer
Training Bulletin 95-1 and must answer the question concerning the filing of the
warrant.
C. Copies of the warrants will be maintained in accordance with existing policy.
D. Reports Control, on a weekly basis, will receive a register from the Data Processing
Unit, which must be compared against the information available in the computer
relating to completed or voided warrants.
E. Strip/body cavity search 75-48s will be left attached to the copy of the Summary
Citation.
EXCEPTION: When there is no Summary Citation, the strip/body cavity search 75-
48 will arrive alone (See Section 25-C). Since the DC number on the
strip/body cavity search 75-48 should match the DC number of
original assignment, both 75-48s will be placed together.
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32. AUDITS AND INSPECTIONS RESPONSIBILITES
DIRECTIVE 5.7 - 34
A. Will receive, on a weekly basis, a register from the Data Processing Unit relating to
completed, voided and delinquent warrants.
B. Will initiate a follow-up review on the status of the warrant when the district/unit fails
to forward relevant copies of the Search Warrant (75-175) to the Reports Control Unit
within seven (7) days of execution, being voided, or when there is non-service or no
search.
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BY COMMAND OF THE POLICE COMMISSIONER
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RELATED PROCEDURES: Directive 5.14, Investigation and Charging Procedure
Directive 7.8, Adult Detainees in Police Custody
Directive 10.1, Use of Force – Involving the Discharge of
Firearms
Directive 12.11, Complaint or Incident Report (75-48)
Directive 12.15, Property Taken into Custody
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