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Exigency Searches
INSTRUCTIONS 1. Although the person bringing the information to the attention of the individual empowered to authorize the search will normally be one in the execution of investigative or police duties, such need not be the case. The information may come from one as a private individual. 2. Other than his or her own prior knowledge of facts relevant thereto, all information considered by the individual empowered to authorize a search on the issue of probable cause must be provided under oath or affirmation. Accordingly, before receiving the information that purports to establish the requisite cause, the individual empowered to authorize the search will administer an oath to the person(s) providing the information. An example of an oath is as follows: Do you solemnly swear (or affirm) that the information you are about to provide is true to the best of your knowledge and belief, so help you God? (This requirement does not apply when all information considered by the individual empowered to authorize the search, other than his or her prior personal knowledge, consists of affidavits or other statements previously duly sworn to before another official empowered to administer oaths.) 3. The area or place to be searched must be specific, such as wall locker, wall locker and locker box, residence,  or  automobile. 4. A search may be authorized only for the seizure of certain classes of items: (1) fruits of a crime (the results of a crime such as stolen objects); (2) instrumentalities of a crime (example: search of an automobile for a crowbar used to force entrance into a building that was burglarized);(3) contraband (items the mere possession of which is against the law); or (4) evidence of crime (example: bloodstained clothing of  an  assault  suspect). 5. Before authorizing a search, probable cause must exist. This means reliable information that would lead a reasonably prudent and cautious man or woman to a natural belief that: a. an offense probably is about to be, or has been committed; b. specific fruits or instrumentalities of the crime, contraband, or evidence of the crime exist; and c. such fruits, instrumentalities, contraband, or evidence are probably in a certain place. In  arriving  at  the  above  determination  it  is  generally  permissible  to  rely  on  hearsay  information, particularly if it is reasonably corroborated or has been verified in some substantial part by other facts or circumstances.  However,  unreliable  hearsay  cannot  alone  constitute  probable  cause,  such  as  where  the hearsay is several times removed from its source or the information is received from an anonymous telephone  call.  Hearsay  information  from  an  informant  maybe  considered  if  the  information  is  reasonably corroborated or has been verified in some substantial part by other facts, circumstances, or events. The mere opinion of another that probable cause exists is not sufficient; however, along with the pertinent facts, it may be considered in reaching the conclusion as to whether information  available  does  not  satisfy  the  foregoing,  an  additional information may be ordered. or not probable cause exists. If the investigation  to  produce  the  necessary Figure  4-1.—Record  of  authorization  to  search—Continued. 4-15

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