Chicago Police DepartmentUniform and Property U03-03
Storing Personal Property in Department Facilities
Issue Date:22 February 2012Effective Date:22 February 2012
Rescinds:Version dated 18 June 2004; A04-05
Index Category:Facilities
I.Purpose
This directive establishes:
  • A.Department policy on members’ privacy rights when storing personal property in Department-owned facilities.
  • B.general procedures for the use, assignment, and administrative search of Department facilities and Department-owned property other than lockers.
  • C.specific procedures for the use, assignment, and administrative search of Department-owned lockers.
II.Policy
  • A.Department command personnel, as designated in this directive, have the authority to authorize an administrative search of Department facilities or property to facilitate the smooth operations of the Department.
  • B.Members have no expectation of privacy when storing personal property in Department vehicles or facilities, including inside Department-owned property within a Department facility such as lockers, desks, file cabinets, or other similar spaces or items. All Department facilities, Department-owned property, and any containers, personally or Department-owned, located inside Department-owned property are subject to an administrative search without prior notice to the affected member and without the existence of probable cause or the procurement of a search warrant.
III.Use, Assignment, and Administrative Searches of Department Facilities and Property
  • A.The use and assignment of Department-owned property, such as offices and desks, excluding lockers, will be at the discretion of the command personnel designated responsibility for that facility and/or property. Administrative searches of such facilities and property may be conducted as deemed necessary by Department supervisory and command personnel.
  • B.The use, assignment, and administrative search of Department-owned lockers will be governed by the procedures outlined in Items IV and VI of this directive.
IV.Use and Assignment of Department-Owned Lockers
  • A.Use of a Department-Owned Locker
    • 1.Subject to availability, the Department will provide lockers for use by Department members. All requests for the use of Department-owned lockers will be authorized by the district commander, the unit commanding officer, or in the case of multi-unit facilities, the exempt member who has been designated responsibility for the facility.
    • 2.Restrictions
      • a.Members will not use lockers which have not been assigned to them.
      • b.Members will not permanently attach anything to the inside or outside of the locker, nor display anything from the outside of the locker.
      • c.Only Department-owned lockers are permitted within a Department facility.
    • 3.Access To Lockers
      Access to a Department-owned locker will be limited to the member assigned to the locker subject to the following:
      • a.An emergency requiring immediate action to enter the locker(s).
      • b.A search conducted pursuant to a Complaint Register (CR) investigation.
      • c.An administrative search conducted as described in Item VI of this directive.
      • d.The failure to vacate the locker upon transfer or extended detail from the district or unit.
      • e.Securing a deceased member’s personal property.
        • (1)In such circumstances, the district commander or unit commanding officer will designate a supervisor who will witness the removal of the lock, supervise the accounting and collection of the property removed from the locker, and ensure that arrangements are made with the member’s family for the return of the property.
        • (2)The property will be secured until released to the member’s family or designee and is subject to the following restrictions:
          • (a)Department-owned property found within a deceased member’s locker will be:
            • i)if assigned for inventory purposes to that unit (e.g., radio case), retained in the unit.
            • ii)if assigned personally to the deceased member (e.g., star, hat shield, identification card, helmet, gas mask), forwarded to the Human Resources Division in accordance with the Department directive entitled “Notification of Death or Hospitalization - Members / Families.”
          • (b)Contraband property found within a deceased member’s locker will not be released to the member’s family or designee. The supervisor overseeing the opening of the locker will ensure that the contraband property is inventoried and the circumstances documented on the appropriate case report.
          • (c)Personally owned firearms will not be released to family members without approval of a sworn exempt member, as outlined in the Department directive entitled “Firearms Taken Into Custody or Turned In.”
  • B.Assignment of a Department-Owned Locker
    • 1.All Department-owned lockers will be assigned using the Request For Use of Department-Owned Locker (CPD-11.658) form.
      NOTE:
      Department members that have submitted a Request For Use of Department-Owned Locker form prior to the effective date of this directive are not required to reapply using the revised CPD-11.658 form. Department members requesting a Department-owned locker after the effective date of this directive are required to use the revised form.
      • a.Command personnel will ensure that all lockers in the facility under their command or all lockers for which they have been designated responsibility are assigned using the Request For Use of Department-Owned Locker form.
      • b.If necessary, a locker may be assigned to more than one member. Each member using that locker will complete a Request For Use of Department-Owned Locker form.
    • 2.In multi-unit facilities, all members in all units requesting the assignment of a locker in the facility will submit the request form directly to the unit of the exempt member designated as having the responsibility for that locker.
    • 3.When completed, the Request For Use of Department-Owned Locker form will be included in the assigned member’s personnel file and the locker assignment will be noted in the Watch Personnel Program in Office Automation.
      NOTE:
      Persons assigning lockers to members who are assigned to a different unit (for example, Bureau of Administration personnel who assign lockers to members working in Central Police Headquarters) will enter the locker number into the assigned member’s information in the Watch Personnel Program in Office Automation via the Department’s intranet and ensure that the Request For Use of Department-Owned Locker form is forwarded to the requesting member’s unit for inclusion in the member’s personnel file.
    • 4.Administrative personnel delegated the task of locker assignments will:
      • a.generate a current listing of all lockers under their responsibility, identifying each locker by its number and the name of the assigned member or that it is unoccupied.
      • b.conduct a periodic / annual audit to obtain accurate lists of Department-owned lockers.
    • 5.In multi-unit facilities, the district commander or unit commanding officer will send a list, as changes occur, to the administrative personnel in the facility delegated the task of locker assignments, indicating members names and locker numbers for those members who have resigned, transferred, or were detailed to another district/unit.
    • 6.Department members delegated the task of locker assignments will update locker assignments in the Watch Personnel Program as changes occur.
V.Procedures Upon Transfer or Detail of Member with an Assigned Locker
  • A.Members who are transferred or detailed (long-term or indefinitely) will vacate their assigned locker prior to reporting to their new unit and will immediately advise the district or unit secretary, either in-person or via telephone, that the locker has been vacated. Members who transfer from a multi-unit facility will make an immediate personal notification to the person designated by the command personnel having the responsibility for the locker.
    NOTE:
    The requirement to vacate an assigned locker prior to a detail will not apply to details lasting ninety days or less or for which an ending date has been given (e.g., Summer Mobile, Summer Bicycle Patrol).
  • B.Upon notification from a member vacating a locker, district, or unit, administrative personnel will ensure that the proper records are updated, including the Watch Personnel Program, and that a Department-owned lock or other securing method is placed on the locker.
  • C.If a transferred or detailed member fails to vacate his or her assigned locker as described in Item V-A, the district commander or unit commanding officer may order the lock cut off and follow the procedures listed in Item VI of this directive.
VI.Administrative Searches of Department-Owned Lockers
  • A.An exempt member or a district executive officer or station supervisor may authorize the administrative search of a Department-owned locker at any time.
  • B.Specific Procedures
    • 1.The search of the contents of Department-owned lockers will be supervised by an exempt member or a district executive officer or station supervisor.
    • 2.Whenever practical, the search will take place in the presence of the member(s) assigned to the locker(s). In addition, the search will be witnessed by a member of at least one rank higher than the member whose locker is being searched.
    • 3.The member supervising the search will:
      • a.if the member is present, request that the member open the locker. Should the locker be locked and the member refuse to unlock it, the member supervising the search will order the member to unlock the locker.
        NOTE:
        Refusal of a direct order will result in the immediate initiation of a complaint register investigation consistent with the Department directive entitled “Complaint and Disciplinary Procedures.”
      • b.have the lock cut off if a member refuses to unlock the locker or is not present during the search.
      • c.ensure that all property not subject to confiscation is:
        • (1)turned over to the member assigned to the locker, if present, or
        • (2)itemized, then secured by obtaining a lock from the district manager, unit secretary, executive officer, or station supervisor to properly secure the locker and provide the member with the combination or key.
      • d.ensure that a member who was not present during his or her locker search is notified that a search took place, regardless of whether or not any property was confiscated. Notification will be made by telephone, using the personnel information available from the district or unit file, prior to the conclusion of that tour of duty.
      • e.record the occurrence of the search and member notification and/or unsuccessful notification efforts on the Watch Incident Log (CPD-21.916).
        NOTE:
        For units other than districts, this documentation will be made in the form of a To-From-Subject report to the unit commanding officer and retained for the same period as that designated for the Watch Incident Log.
      • f.if done in the absence of an exempt member or a district executive officer or station supervisor, prepare a To-From-Subject report to the district commander or unit commanding officer detailing the occurrence and results of the search. This report will be completed prior to the conclusion of the supervising member’s tour of duty.
VII.Occupied but Unassigned Lockers
If an unassigned locker appears to be occupied, the following procedures will be followed:
  • A.An exempt member or a district executive officer or station supervisor will order that the lock be cut off of the locker. A sworn supervisor will witness the removal of the lock.
  • B.All items found within the locker will be inventoried according to established procedures.
  • C.The locker will then be secured by the use of a Department-owned lock or other locking device. Department-owned locks are available from the Equipment and Supply Section and will be requested through the normal ordering procedures for unit supplies.
  • D.A CR investigation will be initiated for unauthorized use of Department facilities.
(Items indicated by italics/double underline were revised or added.)
Garry F. McCarthy
Superintendent of Police
04-046 / 12-003 JB(PMD)[JB]/SB