DETENTIONCENTER

SEARCH POLICY

I.REFERENCES: (4-ALDF-2A-20, 4-ALDF-2C-01, 4-ALDF-2C-03-4, 4-ALDF-2C-06, SJ-090, and SJ-091)

II.PURPOSE:

A.Considerable litigation has resulted from unreasonable and unconstitutional searches. The purpose of this policy is to provide detention personnel guidelines for determining when searches are legally permissible and to establish guidelines for the appropriate conduct of these searches.

Searches are valuable for the following purposes:

  • To find and prevent the introduction of weapons or other dangerous contraband into the DetentionCenter;
  • To detect the manufacture of weapons, escape devices, drug paraphernalia, etc., within the DetentionCenter;
  • To discover and suppress trafficking of contraband between employees, inmates, and visitors;
  • To recover missing or stolen property and discourage theft;
  • To detect and control waste and destruction of County property;
  • To discover contrabandthat is detrimental to the safety and health of inmates and staffs,and facility security that may go unnoticed during a routine inspection; and
  • To identify violations of and enforce rules designed to eliminate causes of dissension between inmates, e.g., gambling, bartering, stealing, etc.

II.SEARCH OF INMATES:

Unannounced and irregularly timed searches of inmates will be conducted. Staff conducting searches are to be trained in techniques that protect both inmates and staff from bodily harm and civil liability. The search of inmates requires expertise and proper attitude, including respecting inmates’ rights to authorized personal property. An inmate should be informed quietly and simply about the search. The inmate should not be touched anymore than is necessary to conduct a comprehensive search of their person. Unnecessary force orembarrassment to inmate(s) should be avoided.

A.Frisk Search:

1.A frisk search is the most often search type used in the DetentionCenter. Frisk searches should be conducted by an officer and performed prior to departure from any secure area and when there is reasonable suspicion to believe an inmate is in possession of contraband. Frisk searches shall be conducted as follows:

a.Stand behind the inmate;

b.Have inmate removed hat, unbutton coat or jacket, and empty all personal articles from pockets;

c.Run hands under shirt collar and down upper part of each arm to wrist. Bring back hands along underside of arms and armpits, sweeping hands down shirt front to belt from front to back. Run hands down front and back of legs to shoe tops and back up sides of legs, sweeping hands down the back from collar to belt. If an object is detected, officers should try to identify it by gently squeezing it before attempting to remove it;

d.Examine hat and articles in hands;

e.Shoes and sock will be removed upon request;

f.When searching large groups of inmates, such as work details, all inmates must be lined up with hats off, coats unbuttoned and pockets emptied;

g.Inmates will not be allowed to intermingle during searches. Inmates that have not been searched, shall not be allowed to mingle with those who have; and

h.After search is completed, the officer will check the area for contraband dropped or discarded by inmates.

  1. Strip Search:
  2. Individuals incarcerated for felony offenses of a violent nature or for any arrest involving the use of a weapon; or use, possession, or distribution of narcotics shall be strip searched as follows:

a.At the time of booking or acceptance into the detention facility;

b.Upon an arrestee’s return from outside activities, such as, supervised leave, work release, court, furloughs, etc.;

c.Following an activity where an arrestee had an opportunity to mingle with outside groups, particularly where there are large numbers of people under minimal supervision;

d.When an arrestee is admitted/discharged from maximum security or the Mental Health Unit location;

e.Before and after every contact visit; and

f.Prior to being transported outside the secure perimeter.

2.Individuals incarcerated for minor offenses of a nonviolent nature shall not be strip searched unless staff has articulable, reasonable suspicion to believe that the individual is concealing contraband or weapons. Reasonable suspicion may be based upon, but not limited to the following:

a.The nature of the offense charged;

b.The arrestee’s appearance and demeanor;

c.The circumstances surrounding the arrest;

  1. The arrestee’s criminal record, particularly past crimes of violence and narcotic offenses;
  2. The arrestee’s incarceration history, particularly past escape plots or attempts, or prior incidents of contraband or weapons smuggling;
  3. Information learned that the arrestee possesses contraband or weapons;
  4. The discovery of evidence of a suspicious object beneath the arrestee’s clothing;
  5. Other issues to consider:

1)Whether the arrestee will be intermingled with the general population;

2)Arrestee has a known gang affiliation; and

3)Whether there are other reasonable and available alternatives to the use of a strip search.

3.Absent exigent circumstances, the on-duty shift supervisor must approve all strip searches prior to conducting the search. In cases of exigent circumstances, the on-duty supervisor must be notified of the strip search as soon after the search as reasonably practical.

4.Strip searches shall be conducted in an area separate from other arrestees and assure privacy and minimum embarrassment. Absent exigent circumstances, two detention staff of the same gender as the arrestee will be present during strip searches. In an unforeseen emergency, on officer of the same sex as the arrestee may conduct a strip search. The search will be conducted in a tactful, professional manner.

  1. The officer conducting a strip search must be trained to perform strip searches. The officer conducting the search will avoid touching the arrestee except as required to control the arrestee. The on-duty supervisor or officer conducting the search shall ensure that only designated staff is present during strip searches. (Neither individual privacy nor deference for human dignity can be maintained with non-essential personnel witnessing strip searches.)
  2. The following search plan shall be used when conducting a strip search. The officer will examine the following areas:
  3. All clothing;
  4. Run fingers over lining, seams, collars, cuffs, waistbands, and fly;
  5. Shoes, inside soles and heels;
  6. Socks, turning them inside out;
  7. False teeth, artificial limbs, plaster casts;
  8. If applicable, under bandages and dressings;
  9. Arrestee’s will run their fingers through their hair. Officers will check for wigs and hairpieces;
  10. Arrestee’s ears will be checked inside and out;
  11. Arrestee’s nostrils;
  12. Arrestee’s mouth, above and below tongue;
  13. To provide officers with a clear view of the breast area and fatty rolls, when necessary, arrestees will be required to lift their breasts or separate fatty rolls;
  14. Arrestee’s hands, torso, and back will be visually inspected;
  15. To provide officers with a clear view of the groin area, arrestees will be required to lift their penises and testicles on the officer’s command. Arrestees having thick pubic hair may be requested to part their pubic hair;
  16. To provide a clear view of the rectum area, arrestees will be required to bend over, spread the rectum and cough. This procedure should dislodge any items concealed in the rectum or vagina;
  17. Arrestees will lift their feet so that the officer can clearly see between the toes and the soles; and
  18. Immediately after completing the search, have arrestees robe in appropriate attire.

7.If it is believed that something is hidden in any orifice, do not remove the object, summon the on-duty supervisor. The supervisor will assist in seeking a search warrant, following the procedures outlined for body cavity searches, or ask the individual to voluntarily remove the object.

  1. Immediately following a strip search, the officer performing the search shall submit a written report through the on-duty supervisor to the detention administrator that details, at a minimum, the following:

1)Date, time, and location of the search;

2)Identity of officer conducting the search;

3)Identity of the individual searched;

4)Those present during the search;

5)Inmate’s charge(s);

6)Reason for the search;

7)A detailed description of the nature and extent of the search;

8)Description of the search results, e.g., type of evidence, contraband or weapon(s) found; and

9)Any other pertinent information.

C.Body Cavity Searches

  1. Should visual examination of an arrestee during a strip search, and/or other information lead an officer to believe that an individual is concealing contraband, a weapon, or evidence within a body cavity, the following procedures shall be followed:
  1. The officer shall consult with his/her immediate supervisor to determine whether probable cause exists to seek a search warrant for a body cavity search. The decision to seek a search warrant shall recognize that a body cavity search is highly invasive of personal privacy and is reasonable only where the suspected offense is of a serious nature and/or poses a threat to officers or others and/or the security of the detention facility and only when authorized by the facility administrator or designee.
  2. If probable cause exists for a body cavity search, an affidavit for a search warrant shall be prepared that clearly defines the nature of the alleged offense and the basis for the officer’s probable cause.
  3. Based on a search warrant, a body cavity search shall be performed only by authorized healthcare personnel. A body cavity search may include technological searches, e.g., x-rays, etc.
  4. For safety and security reasons, the search shall be conducted a hospital, healthcare facility, or other authorized facility, and in a room designated for this purpose.
  5. Body cavity searches shall be performed with due recognition of privacy and hygienic concerns previously addressed in this policy.
  6. The authorized healthcare worker conducting the search shall file a written report with the requesting officer. The witnessing officer shall co-sign that report and comply with information requirements specified in Section B, part 7, of this policy.

IV.HOUSING UNIT SEARCH:

A.Searches of housing units or cells shall be performed on an unannounced and irregular basis. These searches are necessary for the safety and security of the DetentionCenter and patterning must be carefully avoided. This type of search is designed to discover contraband, prevent escapes, maintain sanitary standards and eliminate fire and safety hazards. This type of search must be conducted in a thorough and orderly manner.

B.Random, unannounced area searches of inmate cells will be conducted where contraband, particularly weapons and drugs, have been previously located. Follow-up searches should be completed for a period of time until such time you are reasonably convinced that the inmate no longer possesses weapons or other dangerous contraband.

C.When searching cells, rooms, bunks, or cubicles, items to be inspected include: holes or cracks in walls, floors, ceiling lights, fixtures, wash bowl, toilet and plumbing, shelves and drawers, bed pillows, mattresses and blankets, books, magazines and newspapers, false bottoms on cans, hobby craft equipment and materials, showers, floor drains, windows, door locks, light switches, ventilators, and fire extinguishers.

D.A cell should be left the way it was found, and never in disorder. Inmate personal property must be respected and not willfully discarded, mistreated, broken, or misplaced. The mark of a good inspecting officer is to make a thorough search and yet leave the cell as close as possible to its original condition.

E.There shall be a complete search of every cell and cubical area before it is assigned to an inmate.

F.The CountyDetentionCenter will not condone inmates defacing county property by writing their gang name, graffiti, or monikers. Inspections will be conducted prior to the inmate being assigned, during occupancy, and at exit. The following procedures will be followed concerning security threat groups (STG) graffiti:

  1. Cell and cubical areas will be inspected prior to an inmate being assigned and before the inmate leaves that cell or cubical, for any damage such as STG graffiti (placa, etc.,) or any other markings to ensure it is clean of such markings.
  2. The officer conducting the inspection will indicate any STG markings on the comment section of the shakedown log. If the search is conducted for the purposes of an inmate being assigned or exiting, a note shall be made in the comment section indicating such.
  3. If graffiti is discovered, a photograph shall be taken and a misconduct report shall then be issued to the inmate for destroying or defacing county property or other appropriate charge.
  4. The inmate will be provided with paint and be held responsible for painting over the graffiti. Refusal to do so will result in the inmate being issued a misconduct report for refusing a direct order.
  5. The unit officer/sergeant conducting cell searches will record inmate’s name, room number, date and time of search, items confiscated, officer’s name, and other pertinent information. Searches conducted in common areas, dining rooms, etc., will be documented as well.

1.Upon completion of the documentation, the unit officer or sergeant will forward it to the shift supervisor and ensure that he/she is made aware of any STG graffiti.

2.Searches conducted in areas such as recreation yards, gymnasiums, visiting rooms, etc., will be documented and submitted to the Shift Supervisor.

  1. The Operations Supervisor will maintain an on-going housing unit Shakedown Log. This form will be utilized to ensure that cell searches are conducted in such a manner as to avoid patterning.
  2. The Operations Supervisor will forward completed on-going housing unit shakedown logs to the Chief of Security for review and retention.
  3. SEARCH OF GENERAL AREAS:

A.This is a general search of any areas of the DetentionCenter, i.e., work areas, corridors, classrooms, storage areas, etc. This may be done as necessary, with the knowledge and consent of the Chief of Security or Shift Supervisor. After such a search, a written report will be filed with the Shift Supervisor describing the scope of the search, the results, and a list of all contraband found. When searching work areas, the work areas supervisor should be present. If the work supervisor is not present, a copy of the written report will be provided for his/her review.

B.Visitation Area Search

1.Immediately before and after visiting hours, officer assigned to this area must conduct a thorough check for contraband. Inmates shall not be permitted in this area until the search is completed. Employees assigned to this area must be alert to the passing of contraband from visitors to inmates during visitation.

C.Inmate Visitation Searches

  1. All inmates will be given a thorough frisk search upon their entry to the Visitation room. This search is to ensure no items of contraband are concealed on the inmate before visitor contact. Employees assigned to the visiting Room must be attentive to passing of contraband from visitors to inmate during visitation.

D.Vehicular Traffic:

1.All vehicles entering or leaving the DetentionCenter are subject to search and inspection. The Detention Administrator must authorize vehicle searches.

a.All items of contraband, e.g., flares, jack handles, toolboxes, weapons, etc, will be removed from vehicles before entering the DetentionCenter. Vehicles will be thoroughly inspected, including interior and exterior, trunk or bed area, engine compartment, and the underside.

b.In the event a person refuses to allow their vehicle or person to be searched for contraband, access to the facility will be denied. In such cases, officers will immediately inform the Detention Administrator.

E.Inspections of Areas Outside the Living Units

  1. All areas of the CountyDetentionCenter, including the facility roof, attic, crawl spaces, ducts, pipe chases, and utility closets, and mechanical rooms must be included in irregular inspections. Quite frequently contraband, i.e., weapons, tools, ingredients for making alcoholic beverages, and escape equipment are found in areas other than housing units.
  2. Searches of recreation areas shall be completed.
  3. When searching areas such as the medical unit, storeroom and/or storage rooms, commissary, food service, etc., it is advisable to have the supervisor or representative to that department present. This simplifies access to locked areas and assists in determining the legality of questionable items.
  4. Innocent looking areas are frequently used to conceal contraband. Coverings for openings, although securely fastened, may be removable. Trash containers, sanitary supplies, elevators, and elevators shafts, lockers or other places for concealment of contraband must be searched.

F.Supplies and Food Stocks

1.All supplies and food stocks delivery to the DetentionCenter must be thoroughly inspected at the Sally Port, the loading dock, and at their ultimate destination, before being issued to inmates.

G.Minimum Custody Inmates

1.All inmates working outside the perimeter will be carefully supervised and searched regularly. These inmates are often afforded an opportunity to acquire and carry contraband from place to place and from inmate to inmate.

2.Inmates returning from work assignments will be strip-searched.

H.Searches of Administrative Areas / Staff / Visitors and Their Possessions

  1. Searches will be conducted using only those mechanical devices absolutely necessary for security purposes.
  2. Occasionally, with reasonable suspicion staff and/or visitors may be frisk searched and their possessions physically searched at any time in the facility.
  3. Metal detectors and searches will be used to prevent the introduction of weapons and contraband.

VI.DISPOSITION OF CONTRABAND:

1.All items of contraband found during searches will be confiscated and turned over to the Chief of Security, along with Chain of Custody Form. Items shall be handled as evidence. Location storage shall be in a secure cabinet within the Chief of Security office, or placed with law enforcement personnel, for prosecution. Contraband disposition destruction shall be via law enforcement requirements.

2.A report must be written describing the contraband, stating the details of the find, e.g., when, where, and how the contraband was found. This report will be turned over to the Shift Supervisor who will initial and date the report, and then forward it to the Chief of Security and Facility Administrator.