Chicago Police DepartmentSpecial Order S04-19-01
Consent to Search Incidents
Issue Date:10 August 2015Effective Date:10 August 2015
Rescinds:2 June 2007 Version
Index Category:Preliminary Investigations
I.Purpose
This directive establishes the procedures to:
  • A.conduct and document a consent to search incident .
  • B.retain a Consent to Search form and Consent to Search Data Sheet.
II.Policy
  • A.A sworn member of the rank of sergeant or above is required to perform the functions of the on-scene supervisor for every consent to search incident as defined by this directive.
  • B.For each consent to search incident, at least one participating member will be attired in the prescribed seasonal field uniform.
    NOTE:
    Department members assigned to the Office of the Superintendent, Bureau of Detectives, and Bureau of Organized Crime may be exempt from the uniform requirements with prior approval from the appropriate exempt Department member.
  • C.An incident where verbal consent to search is obtained by a Department member to search a vehicle pursuant to a traffic or investigatory stop is not subject to the procedures outlined in this directive.
III.Procedures
  • A.Currency recovered during the execution of a consent to search incident will be processed and inventoried in accordance with Department directive entitled " Inventorying Money."
  • B.All other property recovered during a consent to search incident will be inventoried using the procedures outlined in the Department directives entitled "Processing Property Under Department Control."
  • C.For consent to search incidents in which verbal consent to search is obtained, the reporting Department member will:
    • 1.request a supervisor from the member's unit of assignment to respond to the scene of the consent to search incident. If a supervisor from the unit of assignment is unavailable, members will request a supervisor from the district of occurrence.
      NOTE:
      Department members do not need to await the arrival of a supervisor before continuing with the investigation.
    • 2.notify the Office of Emergency Management and Communications (OEMC) dispatcher and obtain an event number for the consent to search incident.
    • 3.notify the station supervisor in the district of occurrence of the consent to search incident.
      EXCEPTION:
      Bureau of Organized Crime units will not notify the station supervisor when conducting investigations of a confidential matter.
  • D.For consent to search incidents where written consent to search is obtained to search for specific individuals or apprehend offenders, the reporting Department member will follow the procedures outlined in Item III-C of this directive and:
    • 1.complete the Consent to Search form (CPD-11.483) including obtaining the signature of the individual giving consent to search.
      NOTE:
      When completing a Consent to Search form, Department members are reminded to specifically indicate the scope of the search (e.g. a named individual, specific contraband or items).
    • 2.inventory the original completed Consent to Search form, separate from other items recovered, using the procedures outlined in the Department directives entitled "Processing Property Under Department Control."
    • 3.include a photocopy of the completed Consent to Search form in any Department file or packet completed for this incident. (i.e. arrest packet, court documents packet, search warrant file.)
  • E.For consent to search incidents where written consent to search is obtained to search for specific property, the reporting Department member will follow the procedures outlined in Items III-C and III-D of this directive and:
    • 1.complete a case report to document the incident involving the completed Consent to Search form. If no other offense occurred during the documented consent to search incident, Department members will complete a case report consistent with Item III-C of the Department directive entitled "Department Reports and Letters of Clearance" using:
      • a.the primary offense of "Non-Criminal";
      • b.secondary offense of "Other Non-Criminal Property"; and
      • c.I-UCR Code "5081"
    • 2.indicate in the narrative section of the case report the events which led to the completion of the Consent to Search form and the results of any related search, including negative results.
    • 3.ensure all witness information is included in the case report.
    • 4.complete a Consent to Search Data Sheet and attach the completed data sheet to the completed case report.
    • 5.submit the completed case report and associated Consent to Search Data Sheet to the on-scene supervisor for approval.
  • F.The on-scene supervisor will:
    • 1.ensure the citizen giving consent to search has authority to give a consent to search.
    • 2.when appropriate, ensure the Consent to Search form is completed, including the signature by the individual giving consent to search the property.
    • 3.sign the completed Consent to Search form indicating approval of the consent to search incident.
    • 4.approve all case reports and Consent to Search Data Sheets (CPD-11.509) completed for the consent to search incident and submit the approved reports following established procedures.
    • 5.supervise the entire consent to search incident up to and including the inventory of the Consent to Search form and any recoveries made subsequent to the search.
  • G.If the on-scene supervisor is unable to supervise the entire consent to search incident, the unit commanding officer / station supervisor will assign another supervisor to the incident.
IV.Unusual and Exigent Circumstances
Department members will not unreasonably endanger themselves or another person to conform to the procedures or restriction of this directive if circumstances exist that might pose an immediate threat or safety concern. Department members will be required to justify any actions taken during a consent to search incident .
(Items indicated by italic/double underline were added or revised.)
Authenticated by: KC
Garry F. McCarthy
Superintendent of Police
14-180 TSS
GLOSSARY TERMS:
1. -
  • An incident where Department members obtain verbal or written permission to search a residence or other private property, not accessible to the public, for specific property or individuals.
    NOTE:
    An incident where verbal consent to search is obtained by a Department member to search a vehicle pursuant to a traffic or investigatory stop is not a consent to search incident.
2. -
Verbal permission given to Department members to obtain access to and search a residence or other private property not accessible to the public by a citizen who has the legal authority to give consent.
3. -
Written permission given to Department members to obtain access to and search a residence or other private property not accessible to the public by a citizen who has the legal authority to give consent, which is documented and approved on a Consent to Search form.