0631.60 Premises Entry

Administrative Rules Adopted by Bureaus Pursuant to Rule Making Authority (ARB)
Policy number
PPB-0631.60
On this page

0631.60, Premises Entry  

Refer:

  • ORS 133.033 Community Caretaking
  • Caniglia v. Strom, 141 S. Ct. 1596 (2021)
  • United States v. McConney 728 F.2d 1195 (1984)
  • State v. Jones 332 Or 284 (2001)
  • State v. Turley 202 Or. App. 40 (2005)
  • Steagald v. United States, 451 US 204 (1981)
  • State v. Davis 313 Or 246 (1992)

Definitions:

  • Emergency Entry: The entry into a structure to prevent or end an immediate threat of serious harm to people inside; or to render emergency medical aid to someone believed to be injured or in the process of being injured.

Policy:

1.      This directive establishes the rules and procedures for Bureau members’ entry into private premises, with and without warrants.

2.      The Bureau recognizes that community members have an essential right to be secure from unreasonable searches and seizures, and to enjoy privacy in their homes and businesses. Recognizing those rights, this directive seeks to provide members tools and guidance they need to safely perform their duties of investigating criminal activity, apprehending suspects, rendering aid to community members, and safeguarding the community.

3.      Premise entries, both with and without warrants are an essential law enforcement function, however the Bureau recognizes that they come with inherent dangers. When executing these entries Members are expected to focus first and foremost on the preservation of life, and the Bureau will provide methods, training, and equipment necessary to do so.

Procedure:

1.      Any entry into a premise must comply with the 4th Amendment of the United States Constitution, and Article 1, Section 9 of the State of Oregon’s Constitution. Members must have consent, a warrant, or a valid warrant exception, to enter or remain on a premise.  

2.      Warrant Entries:

2.1.   When making entry into a premise for the purpose of serving a search or arrest warrant, members will announce themselves and their purpose.

2.2.   Members serving an arrest warrant on a subject may make entry into the subject’s residence if they have probable cause to believe the subject is present.

2.3.   When members are seeking to serve an arrest warrant on a subject at a third party’s residence, members must seek a search warrant granting permission to seize the subject at the targeted residence.

2.4.   Members may cause property damage in the course of serving a warrant, prior to announcing their presence, when the following conditions have been met:

2.4.1.       When there are specific and articulable safety concerns justifying the damage.

2.4.2.       The decision has been approved by an Incident Commander (IC).

2.4.3.       Members will document and photograph any damage caused by police action.

3.      Warrantless Entries:  

3.1.   Under ORS 133.033, and the 4th Amendment to the United States Constitution, a sworn member may, with a valid warrant exception, make a warrantless entry of any premise, without the consent of the person in possession or entitled to possession thereof, if they have an objectively reasonable basis for believing entry into the premise is necessary to:

3.1.1.       Prevent serious harm to any person, including a member.

3.1.2.       Render emergency medical aid to seriously injured or ill persons.

3.1.3.       Assist persons who are mentally incompetent/unable to care for themselves, are unaccompanied by a competent party, and whose welfare is at risk.

3.1.4.       Prevent the escape of a suspect.

3.1.5.       Arrest a fleeing felon.

3.1.6.       Prevent the destruction of evidence.

4.      Member Responsibilities:  

4.1.   Prior to making an emergency entry to a premise, absent exigent circum­stances, members will notify a supervisor of the circumstances justifying the need for an emergency entry.

4.2.   Members making an emergency entrance into a premise must write the appropriate report(s) explaining the justification for his/her actions. Members will document and photograph any damage caused by police action.

4.3.   Emergency Entry is a training term designed to describe a specific response to an immediate risk of harm to a person or persons. It is not a legal justification, and members must establish an independent legal justification for their actions.

4.4.   4th Amendment Jurisprudence is a continuously evolving area of the law, the Bureau will provide continuing guidance on the state of the law, and members are responsible for learning and following this guidance.

Effective:          3/16/2024

Next Review:   3/16/2026

Upcoming and Recent Changes

0631.60 Premises Entry

Effective Date

0631.60 Premises Entry

Effective Date

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