2014 - 1 PRE-PLANNED COMPLIANCE SEARCHES



 

PURPOSE OF ORDER

The purpose of this order is to clarify the responsibility of the Probation Department as it pertains to compliance searches and supervision of Post Release Community Supervision (PRCS) (AB109 and AB117) probationers.  It is also intended to provide a procedure for documenting notifications prior to conducting Pre-Planned Probation Compliance Searches.

SCOPE OF ORDER

All sworn Bureau personnel.

BACKGROUND

In July 2012, pursuant to an approved motion by the Los Angeles County Board of Supervisors, the Probation Department was charged with the supervision and rehabilitative services for all adult probationers.  Compliance and accountability rests with the Probation Department.  Law enforcement agencies, such as the Los Angeles County Sheriff’s Department, were tasked with collaborating with the Probation Department to ensure the compliance of probationers and in maintaining the public’s safety.  In order to demonstrate collaboration, we were therefore required to make an appropriate notification to probation personnel prior to a Pre-Planned Probation Compliance Search.

ORDER

Prior to conducting a Pre-Planned Compliance Search, an appropriate notification to the Probation Department is required.  This notification only pertains to Pre-Planned Compliance Searches.  The notification requirement is met when contact is made with a Deputy Probation Officer (DPO) familiar with the case being investigated, the DPO embedded with your team/station, or the DPO of record.  The notification to a DPO shall be documented in the Notifications section of the operations plan that is prepared prior to the compliance search.

SEARCH WARRANTS

Notification to the Probation Department or any other compliance entity is not required for the service of search warrant(s).  A notification is not required during an active in progress investigation, when search conditions have been established, or the compliance search is deemed necessary to further a criminal investigation.  

COMPLIANCE SEARCHES

Compliance searches continue to be a valuable and necessary tool in furthering criminal investigations.  A simple notification is all that is necessary to avoid any potential long term limitations or ramifications as it pertains to this investigative asset.