item is a weapon, the possession of which is a crime, the officer may make an arrest of the suspect and
complete a full-custody search of the suspect.
C. “Plain Touch” Doctrine
While the purpose of a pat down or “Terry” Frisk is to discover weapons not evidence of a crime, under certain
circumstances an officer may lawfully seize contraband detected during the lawful execution of a pat down. In
order to lawfully seize evidence under the “plain touch” doctrine the officer must be justified in conducting the
pat down and the incriminating nature of the item must be immediately apparent to the touch. An officer is not
permitted to manipulate soft objects for the purpose of identifying an item.
23.04 Evidentiary Search with Warrant Exception. When an officer develops probable cause that a person possesses
evidence or contraband on their person and a valid exception excuses obtaining a warrant, the search may only extend
to areas that may conceal the object of the search.
23.05 Search Incident to Arrest
A. Procedure for Search Incident to Arrest
1. When an officer makes a custodial arrest of an individual the officer shall search the suspect’s person. A
full search of the person is reasonable under the Fourth Amendment and a valid exception to the warrant
requirement.
2. Any evidence found on a suspect, even if unrelated to the basis of arrest, may be seized.
3. A search incident to arrest may include the suspect’s pockets, waistband, sleeves and socks as well as
items they are in possession of at time of arrest.
23.06 Strip Searches and Body Cavity Searches
1.
Members of the Department are prohibited from conducting any search of an individual requiring the
removal or rearrangement of clothing to permit the visual inspection of the genitals, breast or buttocks. When
appropriate, Members will inform detention facility staff of any suspicion that such a search would reveal
evidence or contraband.
2.
Members of the Department are prohibited from searching any body cavity other than the mouth
without a duly executed search warrant. A member will not seek nor execute such a warrant absent supervisory
approval at a level of Major or above.
23.07 Requesting Assistance. An officer requesting that another officer conduct a search of an individual detained by
the requesting officer must articulate to the assisting officer the circumstances that justify the search and whether a pat
down/weapons frisk, an evidentiary search or a search incident to arrest is being requested.

05.24.00 USE OF FORCE
24.01 Definitions.
1. Use of Force: An action by a commissioned member of the Department to compel compliance by an unwilling
subject.
5-14

 2. Deadly Force: Any force that creates a substantial likelihood of causing serious bodily injury or death.
3. Imminent: About to occur.
4. Objectively reasonable: A use of force is objectively reasonable if a trained, reasonable commissioned
member of the Department could have appropriately used that level of force if faced with the circumstances that
confronted the member using force.
24.02. General Use of Force. A commissioned member of the Department may use force when the officer reasonably
believes the force is necessary to bring about a lawful arrest, search or detention or to prevent escape after arrest.
Before using force, a commissioned member of the Department will manifest his or her purpose and identify
himself/herself as a peace officer unless the officer reasonably believes the officer’s purpose and identity are already
known by or cannot reasonably be made known to the person arrested. In every situation, members will use only the
amount of force that is objectively reasonable based on the totality of the circumstances they confront. Members will
use force only in accordance with Department training. Only weapons authorized by the Department may be utilized.
24.03. Use of Deadly Force. Commissioned members of the Department may use deadly force when the use of force is
authorized and:
1. the officer reasonably believes that deadly force is immediately necessary to defend the officer or another
person from a substantial risk of death or serious bodily injury,
2. the use of deadly force is immediately necessary to make an arrest and the officer reasonably believes that
the conduct for which arrest is authorized included the use or attempted use of deadly force by the person to be
arrested; or,
3. the use of force is immediately necessary to make an arrest and the officer reasonably believes there is a
substantial risk that the person to be arrested will cause death or serious bodily injury to the officer or another if the
arrest is delayed.
24.04 Discharging Firearms.
1. A commissioned officer is prohibited from discharging a firearm at or in the direction of any person including
toward any part of an occupied vehicle unless:
a. the use of deadly force is justified under 05.24.03; and,
b. the discharge does not present an unreasonable risk of injury to third parties.
2. Commissioned officers are accountable for the consequences of each round that is discharged and must
continually re-evaluate whether circumstances justify using deadly force as those circumstances evolve.
24.05 Discharging Firearms at Vehicles. In evaluating whether to use deadly force by discharging a firearm at a vehicle,
members shall consider that the danger inherent in discharging a firearm is increased when shooting at a moving
vehicle. There is a risk of harm to any occupants of the suspect vehicle who may not be involved, or involved to a lesser
extent, with the actions of the suspect creating the threat. In exercising discretion regarding firearms discharges at a
vehicle, members will abide by the following restrictions:
1. The discharge of a firearm with the intent and purpose of disabling a vehicle is considered a use of deadly
force for purposes of this policy. Members may discharge a firearm for the purpose of disabling a vehicle only if
circumstances justify the use of deadly force.
5-15

 2. Members may discharge a firearm at a vehicle for the purposes of disabling the vehicle only when:
a. the member reasonably believes that the vehicle is solely occupied by the driver; or
b. the member reasonably believes that any passenger(s) are actively engaged in the circumstances
justifying the use of deadly force; or
c. the member ensures the discharge does not present an unreasonable risk of injury to a passenger or
third party who is not actively engaged in the circumstances justifying the use of deadly force.
3. No commissioned member shall intentionally position his or her body into the path of a vehicle that is
attempting to flee. Whenever possible, the affected member should make a reasonable effort to get out of harm’s way
if a vehicle is moving toward him/her.
24.06 Discharge of Firearm from Aircraft.
1. In addition to the other requirements of this policy, a firearms discharge from an aircraft is authorized only
when an officer reasonably believes that the suspect has used or is about to use deadly force by use of a deadly weapon
against the air crew, ground officers or innocent third parties.
2. For purposes of authorizing the discharge of a weapon from an aircraft, a suspect’s driving behavior including
aggressive or reckless driving to evade arrest does not constitute use of a deadly weapon by the suspect.
24.07 Discharge of Firearm from Tactical Marine Unit. In addition to complying with 05.24.03-05.24.05 above, a
firearms discharge from a tactical marine unit is authorized only when the following conditions are present:
1. Ground personnel are unavailable to respond to the threat in a reasonably effective manner.
2. There are no reasonably effective alternative means of eliminating an imminent threat of death or serious
bodily injury to officers or another person.
24.08 Vehicle Used as a Tool. A commissioned member of the Department may have to use the vehicle as a tool to end
the commission of a crime. Using a vehicle as a tool is considered a use of force and members will be guided by
01.05.24.02 General Use of Force and 01.05.24.03 Use of Deadly Force. Those members trained in the Precision
Immobilization Technique will be guided by the techniques and training taught by DPS EVOC.
24.09 Deviations from Use of Force Policy. The Department’s Use of Force policy may not cover all circumstances that
will confront commissioned members of the Department. In all situations, officers are expected to act with intelligence
and exercise sound judgment based on a deep reverence for human life. Any deviations from this policy will be
examined rigorously on a case-by-case basis for specific exigencies that required deviation. The involved officer must be
able to articulate clearly the reasons for the use of force as well as the reason for any deviation from this policy.

05.25.00 TESTIMONY ON BEHALF OF A CRIMINAL DEFENDANT
When any member of this Department is served with a subpoena to testify on behalf of the defendant in a criminal case,
such member shall promptly notify his immediate supervisor and the prosecuting attorney. Failure to make such
notification could be detrimental to the interests of this Department.
In the event a member has been made aware or notified that he will be subpoenaed in a criminal case, on behalf of the
defendant, such member shall promptly notify his immediate supervisor and the prosecuting attorney.

5-16