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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: October 6, 2016 <br /> Action Agenda <br /> Item No. 3 <br /> SUBJECT: Written Consent to Search Requirement for Law Enforcement <br /> DEPARTMENT: Sheriff's Office <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> Orange County Sheriff's Office Written Sheriff Charles S. Blackwood, <br /> Consent to Search Form 919.245.2900 <br /> Chief Deputy Jamison Sykes <br /> 919.245.2913 <br /> Jennifer Galassi, Legal Advisor, <br /> 919.245.2952 <br /> PURPOSE: To discuss issues related to possibly requiring Orange County Sheriffs Deputies to <br /> obtain written consent to conduct a search. <br /> BACKGROUND: At the September 6, 2016 Board of Commissioners' ("BOCC") meeting, <br /> Commissioner Mark Dorosin submitted a petition that the topic of written consent to search be <br /> discussed at an upcoming BOCC work session. Some law enforcement agencies in North <br /> Carolina, including the Durham, Greensboro, and Fayetteville Police Departments have adopted <br /> policies requiring police to obtain written consent to search. Both federal and State law, <br /> however, allow consent to be provided in writing, orally, or by other means, as long as the <br /> expression of consent communicates its meaning clearly. <br /> Proponents of requiring use of written consent to search forms assert that this measure is <br /> necessary given statistics that seem to indicate that minorities are disproportionately more likely <br /> to be stopped and searched than white drivers. Meanwhile, concern has been voiced from law <br /> enforcement that such a requirement would negatively affect their ability to engage in efforts to <br /> combat crime and ensure public safety. <br /> FINANCIAL IMPACT: No financial impact is associated with discussing the requirement that <br /> law enforcement obtain written consent prior to conducting a search. <br /> SOCIAL JUSTICE IMPACT: The following Social Justice Goal is applicable to this agenda <br /> item: <br /> • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND <br /> INEQUITY <br /> The fair treatment and meaningful involvement of all people regardless of race or color; <br /> religious or philosophical beliefs; sex, gender or sexual orientation; national origin or <br /> ethnic background; age; military service; disability; and familial, residential or economic <br /> status. <br />