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Changes for page AD 01 Prisoner Searches

Last modified by Ryan Larkin on 2021/09/13 19:02
From version 5.1
edited by Ryan Larkin
on 2017/01/09 16:38
Change comment: There is no comment for this version
To version 9.1
edited by Ryan Larkin
on 2021/09/13 19:02
Change comment: Added language regarding insulin pumps and body scans

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... ... @@ -16,20 +16,20 @@
16 16  
17 17  Replaces and/or Supersedes:
18 18  
19 -PD 01, CD 01
19 +AD 01 10/26/2011
20 20  
21 21  Published:
22 22  
23 -01/26/2011
23 +06/01/2020
24 24  
25 25  Review Date:
26 26  
27 -01/26/2012
27 +09/03/2021
28 28  
29 29  
30 30  Sheriff Cory Pulsipher
31 31  
32 -Undersheriff Bart Bailey
32 +Undersheriff James Standley
33 33  
34 34  
35 35  **__TABLE OF CONTENTS__**
... ... @@ -48,22 +48,25 @@
48 48  
49 49  AD 01_107 Visual Body Cavity Search
50 50  
51 -AD 01_108 Digital Body Cavity Search
51 +AD 01_108  Body Scan
52 52  
53 -AD 01_109 Initial Search
53 +AD 01_109  Digital Body Cavity Search
54 54  
55 -AD 01_110 Follow-Up Search
55 +AD 01_110  Initial Search
56 56  
57 -AD 01_111 Exigent Circumstances
57 +AD 01_111  Follow-Up Search
58 58  
59 -AD 01_112 Cross Gender
59 +AD 01_112  Exigent Circumstances
60 60  
61 -AD 01_113 Mixed Gender
61 +AD 01_113  Cross Gender
62 62  
63 -AD 01_114 Unknown Gender
63 +AD 01_114  Mixed Gender
64 64  
65 -
65 +AD 01_115  Unknown Gender
66 66  
67 +AD 01_116  Voluntary Exposure
68 +
69 +
67 67  **AD 01_101 __DEFINITIONS__**
68 68  
69 69  1. WCSO: Washington County Sheriff's Office
... ... @@ -83,6 +83,14 @@
83 83  1. Transsexual: A person who has undergone surgery and hormone injections to effect a change of gender.T
84 84  1. Transvestite: A person who uses clothing, make-up, and/or other devices to appear to be of the opposite gender.
85 85  1. Voluntary Waiver (of Sexual Privacy Rights): Actions taken willfully by a prisoner that may reduce the prisoner's sexual privacy rights. Persons may voluntarily waive individual rights. Inmates who voluntarily remove their own clothing or otherwise take actions which result in a loss of sexual privacy waive their right to privacy.
89 +1. Body Scan: X-ray technology used to produce an image revealing the presence of contraband concealed on or inside of a subject.
90 +1. Body Scan Device: A system for obtaining full height radiographic images of a person to detect weapons, explosives, drugs, metals, and other contraband either concealed under the clothes, swallowed, or hidden in anatomical cavities of the human body without causing harm to the scanned person.
91 +1. X-Ray: Also referred to as X-radiation, is a form of electromagnetic radiation similar to light but of shorter wavelength and capable of penetrating solids and of ionizing gases.
92 +1. Radiation: The process in which energetic particles or waves travel through a medium or space. There are two distinct types of radiation: ionizing and non-ionizing. X-radiation is an ionizing radiation.
93 +1. Radiation Survey: Measurement of the X-radiation equivalent dose rate at the external surfaces of the body scan device, the personnel work station, the boundaries of the working zone and in adjacent rooms, if applicable.
94 +1. Exposure: Means being exposed to ionizing radiation or to radioactive material.
95 +1. Sievert: A unit used to derive a quantity called equivalent dose. This relates the absorbed dose in human tissue to the effective biological damage of the radiation. Equivalent dose is often expressed in terms of millionths of a Sievert, or micro Sievert. One Sv is equal to 1,000,000 micro Sieverts. One Sievert equals 100 rem. (The rem is an older unit of measurement.)
96 +1. Dose: A general term used to express how much radiation exposure a person or other material has received.
86 86  
87 87  **AD 01_102 __REFERENCES__**
88 88  
... ... @@ -91,9 +91,10 @@
91 91  1. Utah Counties Insurance Pool:
92 92  11. ML-V.A.2.
93 93  1. Utah Sheriffs Association Jail Standards:
105 +11. C01.03.02: Receiving Female Inmates
94 94  11. C03.03.01: Scope of Arrestee Searches
95 95  11. C03.03.02: Reasonable Suspicion Not Required
96 -11. C 03.03.05: Voluntary Waivers
108 +11. C03.03.05: Voluntary Waivers
97 97  11. C03.03.06: Initial Search of Inmate
98 98  11. C03.03.07: Follow-Up Search
99 99  11. F03.01.01: Written Search Policies and Procedures Required
... ... @@ -107,6 +107,7 @@
107 107  11. F03.03.05: Strip Searches
108 108  11. F03.03.07: Digital Body Cavity Searches
109 109  11. F03.03.08: Exigent Circumstances
122 +11. F03.03.09: Voluntary Exposure
110 110  11. J05.03.03: Admission Searches of Work-Release Inmates
111 111  11. N01.03.01: General
112 112  11. N01.03.02: Female Inmates
... ... @@ -140,7 +140,7 @@
140 140  111. Past suicide attempts;
141 141  111. Needle "tracks";
142 142  111. Problems which might require staff intervention or follow-up.
143 -11. All searches shall be documented in the Spillman computer system and shall include:
156 +11. All searches more intrusive than a rub search shall be documented in the Spillman computer system and shall include:
144 144  111. Date, time, and location of the search;
145 145  111. The name of the individual searched;
146 146  111. The name(s) of the officer(s) involved in the search;
... ... @@ -185,7 +185,7 @@
185 185  111. Staff conducting or assisting with the search; and/or
186 186  111. Staff working in the area.
187 187  11. Strip searches may include:
188 -111. Arrestees at admission as detailed in the Initial Search section below (AD 01_110);
201 +111. Arrestees at admission as detailed in the Initial Search section below (AD 01_109);
189 189  111. Inmates returning to PCF from outside the secure areas of the jail;
190 190  111. Inmates believed to be in possession of contraband;
191 191  111. Inmates in an area of a scheduled shakedown or area search;
... ... @@ -197,11 +197,10 @@
197 197  11. Strip searches require reasonable suspicion for prisoners of “arrestee” status.
198 198  11. Strip searches do not require reasonable suspicion for prisoners of “inmate” status.
199 199  1. Rationale:
200 -11. Strip searches have been recognized by the courts for their importance in maintaining facility security; however, they have found strip searches to be highly intrusive. Because they are intrusive, the courts have consistently held that arrestees cannot be subjected to strip searches unless there is individualized or reasonable suspicion that a prisoner has contraband. Reasonable suspicion may be assumed for prisoners whose charges, criminal histories, or current probation or parole status would reasonably be assumed to create a significant risk. The court's rationale in limiting strip searches for arrestees is that persons who are not part of the criminal subculture and who are briefly in jail awaiting bond or recognizance release for minor offenses should not be required to endure the humiliation of the strip search, because they will likely be released within minutes or a very few hours and are not, therefore, a great risk to the security of the facility. The restriction on strip searches is relaxed after arrestees have exhausted their options to gain pretrial release and have become a part of the jail population.
213 +11. Strip searches have been recognized by the courts for their importance in maintaining facility security; however, they have found strip searches to be highly intrusive. Because they are intrusive, the courts have previously held that arrestees cannot be subjected to strip searches unless there is individualized or reasonable suspicion that a prisoner has contraband. Reasonable suspicion may be assumed for prisoners whose charges, criminal histories, or current probation or parole status would reasonably be assumed to create a significant risk. The court's rationale in limiting strip searches for arrestees has been that persons who are not part of the criminal subculture and who are briefly in jail awaiting bond or recognizance release for minor offenses should not be required to endure the humiliation of the strip search, because they will likely be released within minutes or a very few hours and are not, therefore, a great risk to the security of the facility. The restriction on strip searches is relaxed after arrestees have exhausted their options to gain pretrial release and have become a part of the jail population.
201 201  11. Strip searches are a necessary tool in protecting jail security and safety because:
202 202  111. Prisoners are capable of hiding weapons, drugs, and other contraband on their bodies in ways that substantially reduce the likelihood that the hidden items will be found in a frisk or rub search; and
203 203  111. Strip searches add a dimension to the search which permits visual examination of the subject in a manner which, if done competently, ensures that contraband hidden on the body will be found, and in some instances, may lead to discovery of contraband hidden in body cavities.
204 -11. Persons may voluntarily waive individual rights. Inmates who voluntarily remove their own clothing or otherwise take actions which result in a loss of sexual privacy waive their right to privacy. Visual observation of unclothed prisoners may be unavoidable when there is a voluntary waiver of sexual privacy rights.
205 205  
206 206  **AD 01_107 __VISUAL BODY CAVITY SEARCH__**
207 207  
... ... @@ -210,7 +210,7 @@
210 210  111. Staff conducting or assisting with the search; and/or
211 211  111. Staff working in the area.
212 212  11. Visual body cavity searches may include:
213 -111. Arrestees at admission as detailed in the Initial Search section below (AD 01_110);
225 +111. Arrestees at admission as detailed in the Initial Search section below (AD 01_109);
214 214  111. Inmates believed to be in possession of contraband;
215 215  111. Inmates in an area of a scheduled shakedown or area search;
216 216  111. Inmates leaving the secure area of the jail who are still in custody;
... ... @@ -225,9 +225,31 @@
225 225  1. Rationale:
226 226  11. It is important to keep judicial concerns about the intrusiveness of visual body cavity searches in mind; however, the legal tests for strip searches and visual body cavity searches are essentially identical in most jurisdictions.
227 227  
228 -**AD 01_108 __DIGITAL BODY CAVITY SEARCH__**
240 +**AD 01_108  __BODY SCAN__**
229 229  
230 230  1. Policy:
243 +11. Following an initial intake search (rub search, strip search, or visual body cavity search as outlined above), all prisoners shall be searched using a body scan device. The body scan does not replace an initial intake search.
244 +11. Exceptions to the body scan search requirement may be granted by the shift supervisor. The reason for the exception shall be documented.
245 +11. Pregnant prisoners and prisoners with insulin pumps shall not be scanned.
246 +11. The body scan device shall only be operated by personnel trained in the proper use of the body scan device.
247 +11. Personnel performing the scan (and within sight of the visual display) should be the same sex as the person being scanned.
248 +11. A prisoner's refusal to cooperate with a body scan may qualify the prisoner for a visual body cavity search; with reasonable suspicion that the prisoner is concealing contraband.
249 +11. Any prisoner property within the facility may be scanned by the body scan device.
250 +11. Scanned images of discovered contraband will be retained as evidence and processed as such.
251 +11. Scanned images not detecting contraband may be retained for further review and/or training purposes.
252 +11. (((
253 +WCSO staff shall not attempt any repairs of a body scan device. If a body scan device is not working properly, it should remain unplugged from a power source until it is repaired.
254 +)))
255 +1. Rationale:
256 +11. Body scan devices have been proven to detect contraband that a rub search or strip search could not detect.
257 +11. Certain situations may be too problematic or dangerous to use a body scan device. During such situations, utilization of the shift supervisor's expertise may produce the most effective outcome. Scanning a combative prisoner will not produce usable images.
258 +11. Adequate training is necessary to achieve appropriate results and reduce liability.
259 +11. Body scan devices may detect contraband within property items that are difficult to otherwise search (e.g., peanut butter).
260 +11. In order to avoid injury to persons or damage to the body scan device, repairs require properly trained personnel.
261 +
262 +**AD 01_109  __DIGITAL BODY CAVITY SEARCH__**
263 +
264 +1. Policy:
231 231  11. Digital body cavity searches shall be conducted in a private room and shall be done in a manner which reasonably ensures that prisoners being searched are observed only by staff conducting or assisting with the search.
232 232  11. Digital body cavity searches may be used when jail officers have a reasonable suspicion that a prisoner has drugs or other contraband hidden in the rectum or vagina.
233 233  11. Digital body-cavity searches shall be:
... ... @@ -244,7 +244,7 @@
244 244  111. Use of digital searches increases the risk of being detected for prisoners who violate contraband regulations and may deter some of the prohibited activity.
245 245  11. Although not a legal requirement, obtaining a valid search warrant prior to conducting a digital body cavity search may assist with the defense of a potential related lawsuit.
246 246  
247 -**AD 01_109 __INITIAL SEARCH__**
281 +**AD 01_110  __INITIAL SEARCH__**
248 248  
249 249  1. Policy:
250 250  11. All arrestees entering the jail shall receive an initial search by PCF staff. The initial search shall be a rub search, unless a more intrusive search is required because there is:
... ... @@ -268,7 +268,7 @@
268 268  11. The reasonable suspicion standard for intrusive searches is a clearly established constitutional requirement.
269 269  11. Court decisions requiring reasonable suspicion before conducting intrusive searches during the admissions process apply only to pretrial arrestees being booked for nonviolent misdemeanors.
270 270  
271 -**AD 01_110 __FOLLOW-UP SEARCH__**
305 +**AD 01_111  __FOLLOW-UP SEARCH__**
272 272  
273 273  1. Policy:
274 274  11. If a prisoner has exhausted efforts to make bail or obtain other pre-arraignment release and must be moved into the jail population, a more thorough search may then be provided. A strip search or visual body cavity search may be conducted at this stage. However, prisoners shall not be transitioned from arrestee status for the purpose of conducting a strip search or visual body cavity search.
... ... @@ -279,7 +279,7 @@
279 279  1. Rationale:
280 280  11. Arrestees should not be moved from the admissions area until reasonable efforts to secure a bail release have been exhausted. When the prisoner is moved to the general population, more thorough and intrusive searches are justified because moving a prisoner into the general population who has not been thoroughly searched increases the potential for introduction of weapons, drugs, or other dangerous contraband into the general population; jeopardizing the safety of staff, the safety of other inmates, and the security of the facility.
281 281  
282 -**AD 01_111 __EXIGENT CIRCUMSTANCES__**
316 +**AD 01_112  __EXIGENT CIRCUMSTANCES__**
283 283  
284 284  1. Policy:
285 285  11. Exigent circumstances may justify a search which under normal conditions would not ordinarily justify the search or level of intrusiveness of the search.
... ... @@ -286,7 +286,7 @@
286 286  1. Rationale:
287 287  11. Emergencies and other circumstances which require immediate action to meet safety or security needs create an exception to the limits on searches.
288 288  
289 -**AD 01_112 __CROSS GENDER__**
323 +**AD 01_113  __CROSS GENDER__**
290 290  
291 291  1. Policy:
292 292  11. Female staff may rub search male prisoners in the normal course of duty;
... ... @@ -310,7 +310,7 @@
310 310  111. The requirements of Title VII which justify cross-gender searches by female staff, do not justify males searching female prisoners. Only under very limited exigent circumstances or where a female prisoner intentionally removes her own clothing or otherwise acts in a manner which amounts to a voluntary waiver of sexual privacy interests are male officers justified in participating in searches of female prisoners.
311 311  11. Refer to “Inmate Surveillance and Supervision” policy (CC 08).
312 312  
313 -**AD 01_113 __MIXED GENDER__**
347 +**AD 01_114  __MIXED GENDER__**
314 314  
315 315  1. Policy:
316 316  11. Hermaphrodites shall be searched by the gender that is most predominate in the prisoner to be searched, as determined by the on-duty supervisor.
... ... @@ -319,9 +319,19 @@
319 319  1. Rationale
320 320  11. Mixed gender situations can be confusing to staff who need to complete prisoner searches. Some situations may need to be deferred to the best judgment of the individuals conducting the searches.
321 321  
322 -**AD 01_114 __UNKNOWN GENDER__**
356 +**AD 01_115  __UNKNOWN GENDER__**
323 323  
324 324  1. Policy:
325 325  11. In the event that the gender of a prisoner is in question, the prisoner shall be strip searched by the prisoner-claimed gender for verification. If the prisoner refuses to comply and does not claim a specific gender, the prisoner shall be strip searched by the gender that most predominately appears to be the gender of the prisoner, as determined by the on-duty supervisor.
326 326  1. Rationale:
327 327  11. Erroneously housing a prisoner with a population of the opposite gender could result in a multitude of problems and/or liability issues.
362 +
363 +**AD 01_116  __VOLUNTARY EXPOSURE__**
364 +
365 +1. Policy:
366 +11. Voluntary exposure occurs when, during searches or other activities, a prisoner on his/her own initiative disrobes exposing his/her private parts to visual observation of staff. Such prisoner actions should be considered to be a voluntary exposure and a voluntary waiver of the prisoner's privacy.
367 +11. When a prisoner voluntarily displays private areas or fails to take advantage of procedures designed to protect sexual privacy, staff members may proceed with the performance of their duties and the prisoner will be deemed as having waived sexual privacy interests.
368 +11. Voluntary exposures should be documented in the jail computer system.
369 +1. Rationale:
370 +11. Persons may voluntarily waive individual rights. Prisoners who voluntarily remove their own clothing or otherwise take actions which result in a loss of sexual privacy, waive their right to privacy. Visual observation of unclothed prisoners may be unavoidable when there is a voluntary waiver of sexual privacy rights.
371 +11. It is not uncommon for prisoners to disrobe in front of staff as an act of defiance or intimidation. Such actions may also be due to intoxication, drug use, or mental disorder. Prisoners may also intentionally disrobe in an attempt to prevent staff members of the opposite gender from being able to perform duties in the proximity of the disrobed prisoner.