§ 1.08.020. When search warrants required.

(a)

No officer of the law or any other person shall search any place, thing or person, except by virtue of and under a warrant issued by a proper officer. Any officer or other person searching any place, thing or person otherwise than by virtue of and under a search warrant, shall be guilty of malfeasance in office. Any officer or person violating the provisions of this section shall be liable to any person aggrieved thereby in both compensatory and punitive damages. Any officer found guilty of a second offense under this section shall, upon conviction thereof, in addition to the penalty hereinbefore provided, immediately forfeit his office, and such conviction shall be deemed to create a vacancy in such office to be filled according to law.

(b)

Provided, however, that any officer empowered to enforce the game laws may without a search warrant enter for the purpose of enforcing such laws, any freight yard or room, passenger depot, baggage room or warehouse, storage room or warehouse, train, baggage car, passenger car, express car, Pullman car or freight car of any common carrier, or any boat, automobile or other vehicle; but nothing contained in this proviso shall be construed to permit a search of any occupied berth or compartment on any passenger car or boat of any baggage, bag, trunk, box or other closed container without a search warrant.

(c)

Provided further, however, that as an incident to a lawful arrest, an officer or other person, without a search warrant, may search the person arrested and any vehicle which he may be occupying at the time, or furniture or receptacles within his easy grasping distance, for weapons and for objects related to the offense for which he is being arrested which could be readily destroyed or disposed of. Provided further, that proof that the officer acted with reasonable cause to believe that he was acting within any authority of this section shall be a defense to any action under this section either criminal or civil.

(Prior Code, § 1-8; Code 1995, § 1.08.020)

(Prior Code, § 1-8; Code 1995, § 1.08.020)