8.00.040 STRIP SEARCHES (CALEA 1.2.8)
Strip and/or body cavity searches may be necessary for agency safety and security or to seize evidence of criminal activity. These searches are highly intrusive and will be conducted within the limits of legal authority, out of public view, and with due regard for human dignity.
Strip searches and body cavity searches will be conducted in a professional manner which protects the prisoner’s dignity to the extent possible.
A strip search or body cavity search, as well as pre-search undressing or post-search dressing, will occur at a location made private from the observation of persons not conducting the search.
A strip search or body cavity search will be performed or observed only by persons of the same sex as the person being searched, except for licensed medical professionals as indicated below, or when necessary to conduct the search or to assure the safety of the prisoner or any person conducting the search.
When a strip search or a body cavity search of a prisoner is conducted, it should include a thorough visual check for birthmarks, wounds, sores, cuts, bruises, scars, injuries, and “health tags.”
All visible injuries will be photographed.
Physical markings and “health tag” identification will be recorded and made available to medics/physicians in the event the prisoner is given medical care/treatment while in BPD custody.
Persons conducting a strip search or body cavity search will not touch the person being searched except as reasonably necessary to effectuate the search of the person.
Personal Protective Equipment should be utilized as a precautionary measure.
No strip search will be conducted prior to the prisoner’s first court appearance unless there is reasonable suspicion that the person has on his or her person evidence of a crime, contraband, fruits of a crime, things otherwise criminally possessed, a weapon, or other things by means of which a crime has been or reasonably appears about to be committed.
No strip search will be authorized or conducted unless a thorough pat down search, a thorough metal detector search, and a thorough clothing search, where appropriate, do not satisfy the safety, security or evidentiary concerns of the Department.
A written record of any strip search will be maintained with the crime/arrest report concerning the person strip searched and will contain the following information:
v The name and personnel number of the officer conducting the strip search and of all others present or observing any part of the strip search; and
v The time, date and place of the strip search; and
v Any weapons, criminal evidence, other contraband, or health condition discovered as a result of the strip search;
v The name of the supervisor authorizing the strip search; and
v The specific facts constituting reasonable suspicion to believe the strip search was necessary
Body Cavity Search
Search warrant and authorization will be required.
No body cavity search will be conducted except pursuant to a valid search warrant.
No search warrant for a body cavity search will be sought without prior approval of the on-duty Watch Commander or Patrol Lieutenant.
Before any body cavity search is authorized or conducted, a thorough pat down search, a thorough electronic metal detector search, and a thorough clothing search, where appropriate, must be used to search for and seize any evidence of a crime, contraband, fruits of crime, things otherwise criminally possessed, weapons, or other things by means of which a crime has been committed or reasonably appears, about to be committed.
No body cavity search will be authorized or conducted unless these other methods do not satisfy the safety, security, or evidentiary concerns of the Department.
Only licensed medical personnel may conduct body cavity search/conditions.
Any body cavity search will be performed at a medical facility under sanitary conditions and conducted by a physician, registered nurse, or registered physician’s assistant, licensed to practice in the state, who is trained in the proper medical process and the potential health problems associated with a body cavity search.
When a body cavity search is conducted by a licensed medical professional of the opposite sex, an observer of the same sex as the prisoner will be present. Whenever possible a police officer of the same sex as the prisoner shall observe for evidentiary purposes.
A person upon whom a body cavity search is to be performed may have a readily available person of his/her choosing present at the time the search is conducted. However, the person chosen will not be a person being held in custody.
v Search Report
The officer requesting the body cavity search will prepare and sign a report, which will include:
1. A copy of the warrant and any supporting documents required; and
2. The name and sex of all persons conducting or observing the search; and
3. The time, date, place, and description of the search; and
4. A statement of the results of the search and a list of any items removed from the person as a result of the search.
The body cavity search report will be maintained with the crime/arrest report concerning the person searched