Section 3 Searches and Seizures

Compliance Over Time Monitorable Paragraphs from the Section: Searches and Seizures

Number of Section's Paragraphs by Compliance Rating per Report Total of 22 paragraphs in this section: CMR - Report of the Federal Monitor

This chart, titled "Compliance Over Time – Monitorable Paragraphs from the Section Searches and Seizures", visualizes the number of paragraphs (out of a total of 22) assigned each compliance rating using recent Federal Monitor Reports (CMRs) as data sources. The horizontal stacked bars represent different compliance categories for each period. The x-axis of the chart represents the number of paragraphs (0–22), and the y-axis lists the reports. All bars are stacked to show the cumulative number of paragraphs rated by compliance level for each report.

The compliance levels on the pie charts are represented by the following colors:

  • Fully Compliant – Dark Blue
  • Substantially Compliant – Medium Blue
  • Partially Compliant – Light Blue
  • Deferred – Gray
  • Not Assessed – Light Gray
  • Not Compliant – Periwinkle

Details for each reporting period:

  • CMR 8 - Eighth Report of the Federal Monitor, June 2023, covering the period from October 2022 through March 2023
    Fully Compliant: 0 paragraphs
    Substantially Compliant: 0 paragraphs
    Partially Compliant: 3 paragraphs (14%)
    Deferred: 0 paragraphs
    Not Assessed: 4 paragraphs (18%)
    Not Compliant: 15 paragraphs (68%)
  • CMR 9 - Ninth Report of the Federal Monitor, December 2023, covering the period from April 2023 through September 2023
    Fully Compliant: 0 paragraphs
    Substantially Compliant: 1 paragraph (5%)
    Partially Compliant: 11 paragraphs (50%)
    Deferred: 0 paragraphs
    Not Assessed: 0 paragraphs
    Not Compliant: 10 paragraphs (45%)
  • CMR 10 - Tenth Report of the Federal Monitor, June 2024, covering the period from October 2023 through March 2024
    Fully Compliant: 0 paragraphs
    Substantially Compliant: 6 paragraphs (27%)
    Partially Compliant: 10 paragraphs (45%)
    Deferred: 0 paragraphs
    Not Assessed: 4 paragraphs (18%)
    Not Compliant: 2 paragraphs (9%)
  • CMR 11 - Eleventh Report of the Federal Monitor, December 2024, covering the period from April 2024 through September 2024
    Fully Compliant: 0 paragraphs
    Substantially Compliant: 2 paragraphs (9%)
    Partially Compliant: 13 paragraphs (59%)
    Deferred: 4 paragraphs (18%)
    Not Assessed: 0 paragraphs
    Not Compliant: 3 paragraphs (14%)
  • CMR 12 - Twelfth Report of the Federal Monitor, June 2025, covering the period from October 2024 through March 2025
    Fully Compliant: 0 paragraphs
    Substantially Compliant: 0 paragraphs
    Partially Compliant: 12 paragraphs (55%)
    Deferred: 5 paragraphs (23%)
    Not Assessed: 4 paragraphs (18%)
    Not Compliant: 1 paragraph (5%)
  • CMR 13 - Thirteenth Report of the Federal Monitor, December 2025, covering the period from April 2025 through September 2025
    Fully Compliant: 1 paragraph (5%)
    Substantially Compliant: 0 paragraphs
    Partially Compliant: 15 paragraphs (68%)
    Deferred: 5 paragraphs (23%)
    Not Assessed: 0 paragraphs
    Not Compliant: 1 paragraph (5%)

Excerpt From Executive Summary

Section 3: Searches and Seizures

An analysis of data indicates that PRP continues to demonstrate steady improvement across several key areas. These include proper documentation of probable cause (PC), accurate reporting of arrests and searches in accordance with policy, and consistent supervisory evaluations of arrest reports. In-service training remains on schedule, with 100% participation achieved for the reporting period. The 2025 in-service training cycle is also progressing as planned and is expected to be completed by March 2026.

Despite these advancements, several paragraphs of the Agreement (including Paragraphs 60–64) remain partially compliant or deferred until the full implementation of the RMS and Benchmark Analytics, anticipated in 2026. These systems are essential not only to achieving compliance within this section but also to meeting the data collection, analysis, and reporting requirements outlined in Paragraph 243.

Paragraphs 58 and 59 are similarly dependent on the deployment of these systems to move toward full compliance.

PRP has made progress in implementing the new GTE module, which now requires officers to record mileage when transporting arrestees (Paragraph 67). Supervisors are also responding to arrest scenes in a timely manner (Paragraph 66), while arrest reports and related forms are being properly completed (Paragraph 65). Additionally, feedback committees continue to collaborate with judicial system stakeholders to address issues such as court attendance and officer professionalism (Paragraph 73). Improvements have also been observed in the proper completion of consent forms (Paragraph 77).

However, ongoing challenges remain in certain areas. Issues related to the recording and storage of seized property, as well as the absence of a search warrant tracking system, continue to affect compliance with Paragraphs 72, 74, 75, and 76. In addition, a small number of arrest and search files still lack required documentation, which hinders overall compliance. To address these gaps, PRP should ensure that all final arrest and search files undergo comprehensive review and auditing before submission to the Monitor's Office to confirm that all required forms are accurately completed and included.

The forthcoming implementation of the RMS and Benchmark Analytics' systems is expected to significantly strengthen PRP's data management, oversight, and reporting capabilities, positioning the Bureau to achieve higher levels of compliance in future reporting periods.

Overall, the Commonwealth's compliance with the 22 paragraphs assessed during this reporting period within Searches and Seizures reflects similar levels in compliance to what was noted in previous CMRs. In CMR-12, 14% of paragraphs (3 paragraphs) were assessed as not compliant and 59% (13 paragraphs) were assessed as partially compliant, in comparison to the current reporting period, where 5% of paragraphs (1 paragraph) was found to be not compliant and 68% of paragraphs (15 paragraphs) were found to be partially compliant. One paragraph moved to fully compliant (5%).

Source

This executive summary provides an overview of the Monitor’s Office’s compliance assessment for this section of the Agreement and is an excerpt from Executive Summary for the Thirteenth Report of the Federal Monitor, December 2025, covering the period from April 2025 through September 2025 (CMR 13). For more information on the compliance assessment, please see the full report.

View All Reports and Executive Summaries

Most Recent Compliance Rating by Paragraph Section 3: Searches and Seizures

Filter by Compliance Level
Paragraph 58 Text of the Paragraph 58:
PRPD shall ensure that all investigatory stops, searches, and arrests are conducted in accordance with the rights, privileges, or immunities secured or protected by the Constitution and laws of the United States and the Commonwealth of Puerto Rico. PRPD shall ensure that investigatory stops, searches, and arrests are conducted as part of effective crime prevention strategies that are consistent with community priorities for enforcement.
Current Rating:
Partially Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 59 Text of the Paragraph 59:
PRPD shall develop policies and procedures that comply with applicable law and comport with generally accepted policing practices on stops, searches, and arrests; provide training; ensure consistent supervision; and hold officers accountable for complying with applicable law and policy. PRPD policies shall define all terms clearly and provide guidance on the facts and circumstances that should be considered in initiating, conducting, terminating, and expanding an investigatory stop, detention, or search.
Current Rating:
Partially Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 60 Text of the Paragraph 60:
PRPD shall develop an Investigatory Stops and Searches Reporting Policy and a system to collect data on all investigatory stops and searches, whether or not they result in an arrest or issuance of a citation. PRPD’s stop data collection system shall be subject to the review and approval of the TCA, and shall require officers to document the following:  (a) the date, time, location, and duration of the stop and/or search; (b) the reason for the stop and/or search; (c) the subject’s apparent race, color, ethnicity or national origin, gender, and age; (d) whether any contraband or evidence was seized, and the nature of the contraband or evidence; and (e) the disposition of the stop, including whether a citation was issued or an arrest made. PRPD shall require that officers submit written reports regarding investigatory stops and searches to their supervisor by end of shift for review. A copy of these reports shall be forwarded to SPR and the Reform Unit for tracking and analysis.
Current Rating:
Deferred

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 61 Text of the Paragraph 61:
PRPD’s Investigatory Stops and Searches Reporting Policy shall explicitly prohibit the use of boilerplate or conclusory language in all reports. PRPD policies shall also expressly prohibit officers from knowingly using or relying on information known to be materially false or incorrect in effectuating an investigatory stop or detention.
Current Rating:
Deferred

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 62 Text of the Paragraph 62:
A supervisor shall review each report on Investigatory Stops and Searches to determine whether the stop or search was within PRPD policy and this Agreement. For any investigatory stop or search deemed to be outside of PRPD policy or this Agreement, the supervisor shall determine if the stop or search: (a) should result in an internal investigation by SPR; (b) indicates a need for additional training, counseling, or any other non-punitive corrective measure for the involved officer; and (c) suggests the need for revising or reformulating agency policy, strategy, tactics, or training. The supervisor shall document on an auditable form those investigatory stops and searches that are unsupported by reasonable suspicion; are in violation of PRPD policy or this Agreement; or that indicate a need for corrective action or review of agency policy, strategy, tactics, or training. The quality of these supervisory reviews shall be taken into account in the supervisor’s performance evaluations.
Current Rating:
Deferred

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 63 Text of the Paragraph 63:
A command-level officer or official shall review, in writing, all supervisory auditable forms related to investigatory stops and detentions. The commander’s review shall be completed within three business days of receiving the document reporting the event. The commander shall evaluate the corrective action and recommendations in the supervisor’s written report and ensure that all appropriate corrective action is taken, including referring the incident for administrative or criminal investigation.
Current Rating:
Deferred

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 64 Text of the Paragraph 64:
At least annually, PRPD shall analyze investigatory stop and search data to determine significant trends, identify and correct deficiencies revealed by this analysis, and document its findings in a public report.
Current Rating:
Deferred

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 65 Text of the Paragraph 65:
PRPD shall revise its policies on arrests to ensure that they comply with applicable law and comport with generally accepted policing practices.
Current Rating:
Partially Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 66 Text of the Paragraph 66:
PRPD shall require that officers notify the communications command center and a supervisor immediately after an arrest, or as soon as practicable. For felony arrests, or an arrest for obstructing or resisting an officer, PRPD shall require a field supervisor to respond to the scene of the incident and approve the officer’s arrest determination, based on the existence of probable cause. If an officer’s arrest determination is insufficient, or otherwise unjustified, the supervisor may, if necessary, interview the subject. The supervisor shall take appropriate action to address violations or deficiencies in an officer’s arrest determination, including releasing the subject, recommending non-punitive corrective action for the involved officer, or referring the incident for administrative or criminal investigation. If a supervisor is unavailable to respond to the scene or there are exigent circumstances, the officer shall notify his or her immediate supervisor over a recorded channel of the elements of probable cause for the felony arrest or arrest for obstructing or resisting an officer. If the officer’s immediate supervisor is unavailable, the officer shall notify any field supervisor over a recorded channel of the elements of probable cause for the felony arrest or arrest for obstructing or resisting an officer.
Current Rating:
Partially Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 67 Text of the Paragraph 67:
When transporting an arrestee, officers shall take the safest and most direct route to the booking location. PRPD policy shall require that officers notify the communications command center of the starting and ending mileage on the transporting vehicle, as well as the gender, race, ethnicity, national origin, and apparent age of the arrestee. The officer shall complete all written arrest forms and booking recommendations at the time an arrestee is presented at any PRPD precinct, station, or specialized unit for booking.
Current Rating:
Not Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 68 Text of the Paragraph 68:
At the time of presentment at a PRPD precinct, station, or specialized unit, a watch commander or supervisor shall visually inspect each detainee or arrestee for injury, interview the detainee or arrestee for complaints of pain, and ensure that the detainee or arrestee receives medical attention from an appropriate medical provider, as necessary.
Current Rating:
Partially Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 69 Text of the Paragraph 69:
PRPD shall require that all booking recommendations be personally reviewed and approved in writing in an auditable form by a supervisor as to appropriateness, legality, and conformance with PRPD policies within 12 hours of the arrest, absent exceptional circumstances. Supervisors shall also examine arrest reports and forms related to the arrest for boilerplate or conclusory language, inconsistent information, lack of articulation of the legal basis for the action, or other indicia that the information in the reports or forms is not authentic or correct. Supervisors shall evaluate each incident in which a person is arrested for interfering with a police officer, resisting arrest, assault on a police officer, or other similar charge to determine whether the incident raises any issue or concern regarding the basis for the arrest or implications on training, policies, or tactics.
Current Rating:
Partially Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 70 Text of the Paragraph 70:
As part of the supervisory review, the supervisor shall document on an auditable form those arrests that are unsupported by probable cause, are in violation of PRPD policy or this Agreement, or that indicate a need for corrective action or review of agency policy, strategy, tactics, or training. The quality of these supervisory reviews shall be taken into account in the supervisor’s performance evaluations.
Current Rating:
Partially Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 71 Text of the Paragraph 71:
A command-level officer or official shall review, in writing, all auditable forms related to arrests. The commander’s review shall be completed within seven days of receiving the document reporting the event. The commander shall evaluate the corrective action and recommendations in the supervisor’s written report and ensure that all appropriate corrective action is taken. Whenever a reviewing supervisor or command-level officer finds evidence of an arrest indicating apparent misconduct or apparent criminal conduct by an officer, he or she shall immediately notify his or her supervisor for referral to the appropriate investigating unit or the PRDOJ. The Superintendent shall be notified of the referral.
Current Rating:
Partially Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 72 Text of the Paragraph 72:
PRPD shall require officers to provide written receipts to individuals whenever property is seized from the individuals. PRPD shall establish procedures that are based on generally accepted policing practices to ensure that all seized property is properly stored and returned, as appropriate.
Current Rating:
Partially Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 73 Text of the Paragraph 73:
PRPD shall develop a protocol to seek formal feedback from the prosecutor’s office, the public defender’s office, and Commonwealth judges on a regular basis regarding the quality of PRPD investigations, arrests, court testimony, and indicia of misconduct and to make operational and policy changes based upon this feedback. In addition, PRPD shall refer to SPR for investigation any information regarding specific incidents of possible officer misconduct received through this protocol.
Current Rating:
Fully Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 74 Text of the Paragraph 74:
PRPD shall revise its policies on searches to ensure that they comply with applicable law and comport with generally accepted policing practices. PRPD policies shall define all terms clearly and specify procedures for executing search warrants and warrantless searches, including handling, recording, and taking custody of seized property or evidence.
Current Rating:
Partially Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 75 Text of the Paragraph 75:
PRPD shall require that a supervisor review and approve in writing each request for a search or arrest warrant, including each affidavit or declaration before it is filed by an officer in support of a warrant application, for appropriateness, legality, and conformance with PRPD policy.
Current Rating:
Partially Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 76 Text of the Paragraph 76:
PRPD shall track each search warrant, the case file where a copy of such warrant is maintained, the officer who applied for the warrant, and each supervisor who reviewed the application for a search warrant.
Current Rating:
Partially Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 77 Text of the Paragraph 77:
PRPD shall require officers to obtain and document consent from an individual who consents to a voluntary search of his/her person or vehicle when the search is conducted as part of a routine pedestrian or vehicle stop, unless a non-consensual search is otherwise legally permissible.
Current Rating:
Partially Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 78 Text of the Paragraph 78:
PRPD shall train all PRPD officers on PRPD’s stop, search, and seizure policies. Thereafter, PRPD shall provide all PRPD officers with training at least every two years for the first four years of this Agreement, and annually thereafter. PRPD shall also provide training on stops, searches, and seizures as necessary, based on developments in applicable law and PRPD policy. PRPD shall coordinate and review all policies and training on stops, searches, and seizures to ensure quality, consistency, and compliance with the Constitution and laws of the United States and the Commonwealth of Puerto Rico, this Agreement, and PRPD policy. PRPD shall conduct regular subsequent reviews of this training at least annually, and report its findings. PRPD’s training program shall include the following topics: a) PRPD policies and requirements in this Agreement regarding stops, searches, and seizures; b) the Fourth Amendment and related law; c) examples of scenarios faced by PRPD officers and interactive exercises that illustrate proper police practices, methods, and tactics in conducting consensual field interviews, investigatory stops, consent and non-consent searches, and arrests. These training scenarios shall address the difference between various police contacts by the scope and level of police intrusion; between probable cause, reasonable suspicion and mere speculation; and voluntary consent from mere acquiescence to police authority; and d) comprehensive testing that shows complete understanding of rules and regulations.
Current Rating:
Partially Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

Paragraph 79 Text of the Paragraph 79:
PRPD shall train all supervisors and command officers on PRPD’s stop, search, and seizure policies. Thereafter, PRPD shall provide all supervisors and command officers with training on reviewing subordinates’ stops, searches, and seizures at least annually and, as necessary, based on developments in applicable law and PRPD policy. PRPD shall coordinate and review all policies and training on stops, searches, and seizures to ensure quality, consistency, and compliance with the Constitution and laws of the United States and the Commonwealth of Puerto Rico, this Agreement, and PRPD policy. PRPD shall conduct regular subsequent reviews of this training at least annually, and report its findings. PRPD’s training on stops, searches, and seizures for supervisors and command officers shall include the following topics: a) requesting medical services and questioning detainees and arrestees for pain or injury; b) report writing, including reviewing reports on stops, searches, and seizures for completeness, accuracy, and quality, including recognizing boilerplate language and how to document discrepancies; c) assessing the legality and appropriateness of a stop, search, or seizure; d) legal standards governing searches and seizures, including legal standards and requirements for criminal accountability, administrative accountability, and performance improvement related to tactics, training, equipment, and policy sufficiency; and e) recommending and administering proper discipline and non-punitive corrective action related to searches and seizures.
Current Rating:
Partially Compliant

Rating Source:

Assessment as of: CMR 13, Dec 2025

Reporting period: Apr 2025 – Sep 2025

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No paragraphs in this section match the selected compliance level.

Methodology and Compliance Levels

In agreement with the approved methodology, the Monitoring Team uses a combination of quantitative and qualitative methods, including site visits, to assess PRPB’s compliance. The Federal Monitor provides an assessment of the compliance status of PRPB’s policies and practices with respect to the paragraphs in the Consent Decree. The compliance rating labels are applied across multiple charts and tables to provide a consistent summary of compliance status and are defined as follows:

Fully Compliant: The PRPB has objectively demonstrated extensive compliance with the cited portion of the Agreement for a period of more than two years.

Substantially Compliant: The PRPB has objectively demonstrated extensive compliance with the cited portion of the Agreement for a period of less than two years.

Partially Compliant: The PRPB has objectively demonstrated a sub-optimal level of compliance with the cited portion of the Agreement.

Deferred: The Monitoring Team has not received sufficient evidence to reach a determination as to compliance status with the cited portion of the Agreement.

Not Assessed: The paragraph was not evaluated during a reporting period. Certain paragraphs are assessed annually following the structured assessment schedule based on the approved methodology.

Not Compliant: The PRPB has not objectively demonstrated compliance with the cited portion of the Agreement.