HomeMy WebLinkAboutAgenda - 10-06-2016 - 3 - Written Consent to Search Requirement for Law Enforcement 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 6, 2016
Action Agenda
Item No. 3
SUBJECT: Written Consent to Search Requirement for Law Enforcement
DEPARTMENT: Sheriff's Office
ATTACHMENT(S): INFORMATION CONTACT:
Orange County Sheriff's Office Written Sheriff Charles S. Blackwood,
Consent to Search Form 919.245.2900
Chief Deputy Jamison Sykes
919.245.2913
Jennifer Galassi, Legal Advisor,
919.245.2952
PURPOSE: To discuss issues related to possibly requiring Orange County Sheriffs Deputies to
obtain written consent to conduct a search.
BACKGROUND: At the September 6, 2016 Board of Commissioners' ("BOCC") meeting,
Commissioner Mark Dorosin submitted a petition that the topic of written consent to search be
discussed at an upcoming BOCC work session. Some law enforcement agencies in North
Carolina, including the Durham, Greensboro, and Fayetteville Police Departments have adopted
policies requiring police to obtain written consent to search. Both federal and State law,
however, allow consent to be provided in writing, orally, or by other means, as long as the
expression of consent communicates its meaning clearly.
Proponents of requiring use of written consent to search forms assert that this measure is
necessary given statistics that seem to indicate that minorities are disproportionately more likely
to be stopped and searched than white drivers. Meanwhile, concern has been voiced from law
enforcement that such a requirement would negatively affect their ability to engage in efforts to
combat crime and ensure public safety.
FINANCIAL IMPACT: No financial impact is associated with discussing the requirement that
law enforcement obtain written consent prior to conducting a search.
SOCIAL JUSTICE IMPACT: The following Social Justice Goal is applicable to this agenda
item:
• GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND
INEQUITY
The fair treatment and meaningful involvement of all people regardless of race or color;
religious or philosophical beliefs; sex, gender or sexual orientation; national origin or
ethnic background; age; military service; disability; and familial, residential or economic
status.
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A discussion about written consent to search furthers the above Goal.
RECOMMENDATION(S): The Manager recommends that the Board engage in discussion with
Sheriff Charles S. Blackwood about written consent to search.
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11 OFFICE OF THE ORANGE COUNTY SHERIFF "
hJ Sheriff Charles S. Blackwood
, 106 East Margaret Lane,Hillsborough,North Carolina 27278
TO, Vopot,
919-245-2900
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Consent to Search Form
Person to be Searched
❑ Person
I , agree to allow law enforcement to perform a complete search of my person,
including all property on my person.
Property to be Searched
❑ Vehicle Plate: VIN:
Make: Model:
❑ Premises Address:
Description:
❑ Electronic Device Type of Device:
Make: Model:
Serial Number:
Passwords/log-ins/specific directions for entry:
❑ Other(Describe property):
I , own,possess, or have authority over the property described above
and do hereby agree to allow law enforcement to perform a complete search of the property listed above, to
include all property located on or within the vehicle,premise, electronic device, or other property listed above.
I have been advised of my right to refuse to consent to this search. I give this consent voluntarily,without any
promises made to me or threats of any kind any kind made against me. I understand any evidence of a crime
may be seized as a result of this search.
Signature: Date/Time:
❑ Check if consent denied
Person Authorizing
Name:
Date of Birth: Age: Phone Number:
Address:
Officer Name: Employee ID#:
Officer Signature: Date/Time: