Buncombe County Submitted: November 15, 2019 | Updated: January 17, 2020

(November 2019) Request for information about Buncombe County, NC Sheriff’s Office and consent to search

Hello Buncombe County, NC Sheriff’s Office,

I’d like to make a public records request for the following information related to “consent to search”:

1. Please provide the current (11/15/19) Buncombe County Sheriff's Office policy for getting consent to search, conducting the search, and for documenting consent to search.

2. Please provide all emails sent to and from Sheriff Miller and Chief Eberhardt regarding deputies conducting consent searches.

[Editor’s Note: There is no timeline specified here Re: emails. If you are unable to complete this portion of the request without that information, please let us know and we’ll note this on our site for the sender].

Thank you for your assistance!

Editor’s Note: Sunshine Request makes no claim as to the veracity of any statements or information contained in any of the requests, or public records, we receive.

Status: Completed

Activity:

  • January 17, 2020 12:06 pm

    2 months ago

    from: Sunshine Request <[email protected]>
    to: Aaron Sarver <[email protected]>
    date: Jan 17, 2020, 12:06 PM
    subject: Re: Records Request: (November 2019) Request for information about Buncombe County, NC Sheriff’s Office and consent to search

     

    Good afternoon Aaron,

     

    Thank you for your help with this request! We’ll mark it as completed.

     

    Have a good weekend,
    Sunshine Request


    Status: Completed
  • January 17, 2020 11:29 am

    2 months ago

    from: Aaron Sarver <[email protected]>
    to: Sunshine Request <[email protected]>
    date: Jan 17, 2020, 11:29 AM
    subject: Re: Records Request: (November 2019) Request for information about Buncombe County, NC Sheriff’s Office and consent to search

     

    Hello Sunshine Requests,

     

    Please see my answers below to this request.

     

    1. Please provide the current (11/15/19) Buncombe County Sheriff’s Office policy for getting consent to search, conducting the search, and for documenting consent to search.

     

    The Buncombe County Sheriff’s Office follows NC state statutes regarding consent to search. (See below).

     

    Search and Seizure by Consent.

     

    § 15A-221. General authorization; definition of “consent”.
    (a) Authority to Search and Seize Pursuant to Consent. – Subject to the limitations in the other provisions of this Article, a law-enforcement officer may conduct a search and make seizures, without a search warrant or other authorization, if consent to the search is given.
    (b) Definition of “Consent”. – As used in this Article, “consent” means a statement to the officer, made voluntarily and in accordance with the requirements of G.S. 15A-222, giving the officer permission to make a search. (1973, c. 1286, s. 1.)

     

    § 15A-222. Person from whom effective consent may be obtained. The consent needed to justify a search and seizure under G.S. 15A-221 must be given:
    (1) By the person to be searched;
    (2) By the registered owner of a vehicle to be searched or by the person in apparent control of its operation and contents at the time the consent is given;
    (3) By a person who by ownership or otherwise is reasonably apparently entitled to give or withhold consent to a search of premises. (1973, c. 1286, s. 1.)

     

    § 15A-223. Permissible scope of consent search and seizure.
    (a) Search Limited by Scope of Consent. – A search conducted pursuant to the provisions of this Article may not exceed, in duration or physical scope, the limits of the consent given.
    (b) Items Seizable as Result of Consent Search. – The things subject to seizure in the course of a search pursuant to this Article are the same as those specified in G.S. 15A-242. Upon completion of the search, the officer must make a list of the things seized, and must deliver a receipt embodying the list to the person who consented to the search and, if known, to the owner of the vehicle or premises searched. (1973, c. 1286, s. 1.)

     

    We do not have a separate policy regarding consent to search.

     

    2. Please provide all emails sent to and from Sheriff Miller and Chief Eberhardt regarding deputies conducting consent searches.

     

    There are no records responsive to this request.

     

    Aaron Sarver

    Public Information Officer

    Buncombe County Sheriff’s Office


    Status: Response Received from Government
  • January 8, 2020 4:08 pm

    2 months ago

    from: Sunshine Request <[email protected]>
    to: Aaron Sarver <[email protected]>
    date: Jan 8, 2020, 4:08 PM
    subject: Re: Records Request: (November 2019) Request for information about Buncombe County, NC Sheriff’s Office and consent to search

     

    Good afternoon Aaron,

     

    Hope your 2020 is going well so far! We just wanted to check in on this request to see if there was any update to report.

     

    Link to request: (November 2019) Request for information about Buncombe County, NC Sheriff’s Office and consent to search

     

    Thank you!
    Sunshine Request


    Status: Follow up
  • January 8, 2020 4:08 pm

    2 months ago

    from: Sunshine Request <[email protected]>
    to: Aaron Sarver <[email protected]>
    date: Jan 8, 2020, 4:08 PM
    subject: Re: Records Request: (November 2019) Request for information about Buncombe County, NC Sheriff’s Office and consent to search

     

    Good afternoon Aaron,

     

    Hope your 2020 is going well so far! We just wanted to check in on this request to see if there was any update to report.

     

    Link to request: (November 2019) Request for information about Buncombe County, NC Sheriff’s Office and consent to search

     

    Thank you!
    Sunshine Request


    Status: Follow up
  • December 16, 2019 2:53 pm

    3 months ago

    from: Sunshine Request <[email protected]>
    to: Aaron Sarver <[email protected]>
    date: Dec 16, 2019, 2:53 PM
    subject: Re: Records Request: (November 2019) Request for information about Buncombe County, NC Sheriff’s Office and consent to search

     

    Good afternoon Aaron,

     

    Following up again on this request to check in and see if there is any update to report.

     

    Thank you!
    Sunshine Request


    Status: Follow up
  • December 4, 2019 11:05 am

    4 months ago

    from: Sunshine Request <[email protected]>
    to: Aaron Sarver <[email protected]>
    date: Dec 4, 2019, 11:05 AM
    subject: Re: Records Request: (November 2019) Request for information about Buncombe County, NC Sheriff’s Office and consent to search

     

    Good morning Aaron,

     

    We just wanted to check in on this request and see if there was any update to report!

     

    Thank you,
    Sunshine Request


    Status: Follow up
  • November 22, 2019 9:03 am

    4 months ago

    from: Aaron Sarver <[email protected]>
    to: Sunshine Request <[email protected]>
    date: Nov 22, 2019, 9:03 AM
    subject: Re: Records Request: (November 2019) Request for information about Buncombe County, NC Sheriff’s Office and consent to search

     

    Got it. Thanks.

     

    Aaron

     

    Aaron Sarver

    Public Information Officer

    Buncombe County Sheriff’s Office

    [email protected]

    828.250.4414


    Status: Government Processing Request
  • November 21, 2019 4:15 pm

    4 months ago

    from: Sunshine Request <[email protected]>
    to: Aaron Sarver <[email protected]>
    date: Nov 21, 2019, 4:15 PM
    subject: Records Request: (November 2019) Request for information about Buncombe County, NC Sheriff’s Office and consent to search

     

    Good afternoon Buncombe County Sheriff’s Office,

     

    We’ve received a new public records request via our website www.sunshinerequest.com for information that may be available in your office.

     

    Please confirm receipt to let us know the request will begin processing, and if possible, please provide a rough estimate of when the request may be completed. We will plan on following up again around that time.

     

    Here are the details of the request:

     

    Subject: (November 2019) Request for information about Buncombe County, NC Sheriff’s Office and consent to search

     

    Message: “Hello Buncombe County, NC Sheriff’s Office,

     

    I’d like to make a public records request for the following information related to “consent to search”:

     

    1. Please provide the current (11/15/19) Buncombe County Sheriff’s Office policy for getting consent to search, conducting the search, and for documenting consent to search.

     

    2. Please provide all emails sent to and from Sheriff Miller and Chief Eberhardt regarding deputies conducting consent searches.

     

    [Editor’s Note: There is no timeline specified here Re: emails. If you are unable to complete this portion of the request without that information, please let us know and we’ll note this on our site for the sender].

     

    Thank you for your assistance!“

     

    ** Sunshine Request makes no claim as to the veracity of any statements or information contained in any of the requests, or public records, we receive.

     

    Thank you for your help!
    Sunshine Request


    Status: Sent to Government
  • November 15, 2019 6:23 pm

    4 months ago

    Submitted to Sunshine Request
    Status: Pending