Provisions for searches Sample Clauses

Provisions for searches incident to traffic stops 1. Report to dispatch and request for back-up: Before any officer conducts a search resulting from a traffic stop, the officer will report the event and his or her intention to dispatch. The officer will also request that dispatch send back-up officers, if available, to the scene to observe any search resulting from a traffic stop. The dispatcher shall log this information. 2. For all consent searches, officers must first orally and in writing advise a person of his or her right to refuse consent to search and obtain written consent for that search using a Consent to Search form. That Consent to Search form shall be in both English and Spanish and substantially similar to the model provided in Appendix D to this Consent Decree. 3. Audio and video recording requirements: Any search resulting from a traffic stop and the basis therefor shall be mechanically recorded, as required by Section III.B.5. If a search is allegedly based on consent, the officer’s request to search and the person’s consent to the same must be captured on the mechanical recording required by Section III.B.5 and in writing. The consent recorded under this section shall include: (a) a statement that the person subject to search fully understands that he or she may refuse to give the officer consent to search; (b) a statement that the person subject to search is freely and voluntarily giving the officer consent to search; and, (c) a statement that the person subject to search may withdraw the consent at any time during the search. 4. Any search incident to a traffic stop must be documented consistent with Texas Code of Criminal Procedure Article 2.133 and this Consent Decree.
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Related to Provisions for searches

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