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HomeMy WebLinkAboutAgenda - 02-09-21 Virtual Work Session; ITEM 4 - Discussion on Written Consent for Conducting Vehicle Searches 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 9, 2021 Action Agenda Item No. 4 SUBJECT: Discussion on Written Consent for Conducting Vehicle Searches DEPARTMENT: Sheriff's Office ATTACHMENT(S): INFORMATION CONTACT: Attachment A: Consent to Search Form Sheriff Charles S. Blackwood, 919.245.2900 Chief Deputy Jamison Sykes, 919.245.2900 Major Kevin Jones, 919.245.2900 Jennifer Galassi, Legal Advisor to the Sheriff, 919.245.2900 PURPOSE: To discuss written consent for conducting vehicle searches. BACKGROUND: On November 1, 2016, Orange County Sheriff Blackwood announced a new directive regarding searches and formalized it by adding a section to the Sheriff's Office Policy Manual concerning obtaining written consent. The Sheriff recognized that although the US Supreme Court allows consent to be provided verbally, in writing, or by other means, he determined that his deputies should always attempt to obtain written consent prior to conducting a search, when practicable and when the safety of officers, suspects, or members of the public would not be negatively impacted by doing so. The Sheriff and his staff are prepared to report on the implementation of the written consent form. FINANCIAL IMPACT: There is no financial impact to the County to engage in these discussions. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • GOAL: CREATE A SAFE COMMUNITY The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang activity, substance abuse and domestic violence. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board discuss these matters with Orange County Sheriff Charles Blackwood and members of his staff. Office Of The Orange County Sheriff 2 SHERIpp gym°`�0pn Sheriff Charles S. Blackwood -f 1,, 106 East Margaret Lane, Hillsborough, North Carolina 27278 919.245.2900 Consent/Probable Cause to Search ❑ Consent Search ❑ Probable Cause Search ❑ Items Seized ❑ Charges OCA#: Person(s) involved Name: Date of Birth: Age: Phone Number: Address: Race/Ethnicity: ❑ Black ❑ White ❑ Hispanic ❑ Other: Sex: ❑ Female ❑ Male ❑ Other: Property to be searched ❑ Vehicle Plate: VIN: Make: Model: Year: ❑ Premises Address: Description: ❑ Electronic Device Type of Device: Make: Model: Serial Number: Passwords/Login IDs/Specific Directions for entry: ❑ Other(Describe Property): Consenting person completes block below(N/A for Probable Cause Searches) ❑ Person ❑ Consent provided verbally or by other means I, , agree to allow law enforcement to perform a complete search of my person, including all property on my person. Additionally, 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, premises, 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 made against me. I understand any evidence of a crime may be seized as a result of this search. Signature: Date/Time: Officer Name: Employee Id: Officer Signature: Date/Time: