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Library: Policy

OKDHS:2-7-5. Searches without a warrant

Revised 3-24-14

(a) Policy.  It is the Oklahoma Department of Human Services (DHS) Office of Inspector General (OIG) policy to ensure all searches conducted without a warrant are completed in compliance with constitutional guidelines and applicable statutes and case decisions.

(b) Definitions.  The following words and terms, when used in this Section, shall have the following meanings, unless the text clearly indicates otherwise:

  • (1) "Probable cause" means a reasonable amount of suspicion, supported by circumstances sufficiently strong enough to justify a prudent and cautious person's belief that certain facts are probably true.

(c) Search situations.  An agent may conduct a search or seizure without a warrant in situations authorized by state and federal constitutional provisions.  Such situations include, but are not limited to, those described in this Section.

  • (1) An agent may obtain consent to search from the subject or other person with authority over the premises or property.  When more than one party who has common authority over the premises or property is present, the agent must obtain consent from all parties.

    • (A) When practical, the agent obtains the consent to search in writing.

    • (B) When the subject or other person with authority over the premises or property revokes the consent to search, the agent stops searching immediately.

  • (2) In emergency situations and when probable cause exists, the agent may make a search:

    • (A) to protect the life and safety of the public and other agents;

    • (B) in fresh pursuit of a fugitive;

    • (C) to prevent the escape of a subject; or

    • (D) to preserve evidence from being removed or destroyed.

  • (3) An agent may make a search as part of a lawful arrest, but the agent may only search the subject and the immediate surrounding area from where the subject could gain control of a weapon or destroy evidence.

  • (4) An agent may conduct a protective frisk of a subject when the agent has reason to fear for his or her safety.  The agent must be able to identify why he or she reasonably inferred that the subject posed a safety risk.

  • (5) An agent may search a vehicle under a movable vehicle exception.

  • (6) When an agent has lawfully seized custody of property items, the agent conducts an inventory of the items, and a search warrant is not required.  OIG agents do not seize and inventory vehicles.

  • (7) An agent may seize items in plain view, but must have a warrant to search beyond the scope of plain view unless an emergency situation exists.  Items in plain view may be seized when the:

    • (A) agent is lawfully positioned when evidence is viewed;

    • (B) incriminating nature of the evidence is immediately apparent; and

    • (C) agent has a lawful right to access the evidence.

  • (8) When no emergency situation exists at the scene of a crime, an agent's authority to make a search without a warrant is limited.  Without first obtaining a warrant, an agent may only:

    • (A) search the premises or area at the scene of a crime when consent is given by the subject or other person with authority over the premises or property; and

    • (B) seize items in plain view at the scene of a crime.

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