AD 01 Prisoner Searches (Policy.Administrative.AD 01 Prisoner Searches.WebHome)

1. Frisk Search (a.k.a., pat search): A search in which an officer rubs or pats the subject's body over his/her clothing to attempt to detect weapons or contraband. Only incidental contact with genital, anal, or female breast areas may result.

78

1. Rub Search: A search, essentially the same as a frisk search, except that a rub search involves a more thorough and intensive search, and does include a careful manual search of the genital, anal, and breast areas over the prisoner's clothing.

79

1. Strip Search: A search which involves the visual inspection of a disrobed subject. Strip searches are considered to be much more intrusive than rub searches and greater justification is required for strip searches. Visual inspection of a subject in undergarments may be considered a strip search.

80

1. Visual Body Cavity Search: A strip search which includes a visual inspection of the anus and/or genital area. Generally, requires the subject to bend over and spread the cheeks of the buttocks, to squat, and/or to otherwise assume a posture which more fully exposes body cavity orifices. Some courts, in addition to finding visual body cavity searches to be more intrusive than strip searches, have found them to be particularly humiliating and dehumanizing.

81

1. Digital Body Cavity Search: A search which involves the probing of the vagina and/or rectum using a gloved finger or other instrument to search for contraband.

82

1. Detainee: A person kept under involuntary restraint who is not currently under arrest.

83

1. Arrestee: A prisoner's status from the time of arrest until the time of correctional facility housing assignment.

84

1. Inmate: A prisoner's status after being moved to a correctional facility housing assignment (including ICE detainees).

85

1. Prisoner: A person deprived of liberty and kept under involuntary restraint, confinement, or custody; especially: one under arrest, awaiting trial, on trial, or serving a prison sentence.

86

1. Exigent: A situation requiring immediate action, assistance, or resolution; something arising suddenly out of current events; pressing need or demand.

87

1. Hermaphrodite: A person born with both male and female sex organs.

88

1. Transsexual: A person who has undergone surgery and hormone injections to effect a change of gender.T

89

1. Transvestite: A person who uses clothing, make-up, and/or other devices to appear to be of the opposite gender.

90

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.

91

92

**AD 01_103 __REFERENCES__**

93

94

1. Immigration and Customs Enforcement Standards:

95

11. 13.

96

1. Utah Counties Insurance Pool:

97

11. ML-V.A.2.

98

1. Utah Sheriffs Association Jail Standards:

99

11. C 03.03.01: Scope of Arrestee Searches

100

11. C 03.03.02: Reasonable Suspicion

101

11. C 03.03.03: Individualized Suspicion Not Required

102

11. C 03.03.04: Exigent Circumstances

103

11. C 03.03.05: Voluntary Waivers

104

11. C 03.03.06: Initial Search of Prisoner

105

11. C 03.03.07: Follow-Up Search

106

11. F 03.01.01: Written Search Policies and Procedures Required

107

11. F 03.01.02: Content

108

11. F 03.02.01: Contraband Control

109

11. F 03.02.02: Reasonable Searches

110

11. F 03.03.01: Basis for Conducting Searches

111

11. F 03.03.02: Scope of Intrusion and Justification

112

11. F 03.03.03: Manner of Search

113

11. F 03.03.04: Rub Searches

114

11. F 03.03.05: Strip Searches

115

11. F 03.03.06: Visual Body Cavity Searches

116

11. F 03.03.07: Digital Body Cavity Searches

117

11. J05.03.03: Admission Searches of Work-Release Prisoners

118

11. N01.03.01: General

119

11. N01.03.02: Female Prisoners

120

11. N02.01.01: Written Cross-Gender Searches and Supervision Policies and Procedures Required

121

11. N02.01.02: Content

122

11. N02.02.01: Frisk and Searches of Male Prisoners

123

11. N02.02.02: Strip Searches of Male Prisoners

124

11. N02.02.03: Male Searches of Female Prisoners

125

11. N02.02.04: Documentation

126

127

**AD 01_104 __GENERAL__**

128

129

1. Policy:

130

11. Staff shall conduct only reasonable searches.

131

11. The greater the scope of intrusion of a search, the greater must be the justification for conducting the search.

132

11. Searches shall be conducted in a professional manner. Staff members, when conducting searches shall:

133

111. Not make taunting, degrading, dehumanizing, or other inappropriate comments to prisoners;

134

111. Provide an appropriate degree of privacy for intrusive searches or other searches which by their nature would tend to be exceptionally embarrassing or humiliating, if possible;

135

111. Ensure adequate sanitation precautions, when possible; and

136

111. Ensure that persons conducting searches have adequate training and authority to conduct the type of search involved.

137

11. When force is necessary to enforce a lawful search only a reasonable amount of force shall be used.

138

11. Searches shall be conducted routinely and randomly, with limitation as explained below.

139

11. A search for safety concerns (i.e., frisk search) should include, at a minimum, a search for:

140

111. Weapons;

141

111. Any object that could be used as a weapon or to inflict harm.

142

11. Any non-frisk search should include, at a minimum, a search for:

143

111. Weapons;

144

111. Drugs;

145

111. Other contraband;

146

111. Indications of medical problems;

147

111. Past suicide attempts;

148

111. Needle "tracks";

149

111. Problems which might require staff intervention or follow-up.

150

11. All searches shall be documented in the Spillman computer system and shall include:

151

111. Date, time, and location of the search;

152

111. The name of the individual searched;

153

111. The name(s) of the officer(s) involved in the search;

154

111. The type (scope of intrusion) of the search that was conducted;

155

111. Information justifying a search more intrusive than a rub search; if applicable.

156

11. All searches shall be conducted in a manner which reduces the risk of contamination or infection. Staff may be at risk of infection. Appropriate precautions should be taken.

157

1. Rationale:

158

11. The Fourth Amendment to the United States Constitution and Article I, Section 14, of the Constitution of Utah prohibit "unreasonable searches and seizures.”

159

11. The U.S. Supreme Court has ruled that courts must consider the scope of the particular intrusion and the justification for initiating it. Courts generally have been concerned about the humiliation, embarrassment, and dehumanizing aspects of highly intrusive searches; thus, requiring greater justification for intrusive searches.

160

11. When staff perform searches in a professional manner, they improve the likelihood that challenged searches will be upheld. Conversely, unprofessional searches may result in otherwise proper searches being found to be in violation of prisoners' constitutional rights.

161

11. Searches are a critical element of jail security and should be conducted as part of a set routine. Routine searches should be augmented with random searches to keep prisoners from being able to anticipate when searches will or will not occur. Prisoners have no expectation of privacy while incarcerated, and, thus, are not protected from aggressive search procedures. Searches are particularly vital when prisoners or others are capable of bringing contraband in from the outside, moving contraband from one location to another within the jail, or being prepared for transportation from the facility.

162

163

**AD 01_105 __FRISK SEARCH__**

164

165

1. Policy:

166

11. A frisk search of a detainee may be performed at any time, at the officer's discretion.

167

11. A frisk search should only be performed when the officer decides that there is a safety concern that could be addressed by the search.

168

11. A frisk search should not be used to search arrestees or inmates (more thorough searches should be used instead).

169

1. Rationale:

170

11. A frisk search should be used on detainees in lieu of other types of searches in order to preserve the detainee's rights against unlawful searches.

171

11. Because more intrusive searches are permitted and are more successful in detecting weapons and/or contraband, frisk searches should not be used on arrestees or inmates.

172

173

**AD 01_106 __RUB SEARCH__**

174

175

1. Policy:

176

11. All prisoners shall be subject to rub searches at any time during their incarceration at PCF. Rub searches may be conducted on a routine, selective, or random basis.

177

11. Unless a more intrusive search is justified, all prisoners (including detainees) shall be rub searched by PCF officers at admission to PCF.

178

11. Routine rub searches may include, but are not limited to:

179

111. Arrestees, by arresting officers at the time of arrest;

180

111. Arrestees, by PCF staff at admission to PCF;

181

111. Inmates returning to PCF from outside the secure areas of the jail;

182

111. Inmates in an area of a scheduled shakedown or area search;

183

111. Inmates leaving the secure area of the jail who are still in custody;

184

111. Inmates moving between security zones in the jail (e.g., from one housing unit to another or from the kitchen to a housing unit).

185

11. Rationale:

186

111. The courts have recognized the importance of searching prisoners to maintain facility security. They consider rub searches as relatively unintrusive and permit their use on a virtually unlimited basis. Because rub searches involve a low degree of intrusion, no justification is required other than the incarceration of the prisoner. Privacy is not ordinarily a requirement for rub searches.

187

188

**AD 01_107 __STRIP SEARCH__**

189

190

1. Policy:

191

11. Strip searches shall be done in a manner which reasonably ensures that prisoners being searched are observed only by:

192

111. Staff conducting or assisting with the search; and/or

193

111. Staff working in the area.

194

11. Strip searches may include:

195

111. Arrestees at admission as detailed in the Initial Search section below (AD 01_110);

196

111. Inmates returning to PCF from outside the secure areas of the jail;

197

111. Inmates believed to be in possession of contraband;

198

111. Inmates in an area of a scheduled shakedown or area search;

199

111. Inmates leaving the secure area of the jail who are still in custody;

200

111. Inmates moving between security zones in the jail (e.g., moving from one housing unit to another, moving from the kitchen to a housing unit, going to or returning from a non-barrier visit, etc.).

201

111. Inmates being placed on punitive lockdown status;

202

111. Inmates being placed on administrative segregation status;

203

111. Inmates being placed on suicide watch status;

204

11. Strip searches require reasonable suspicion for prisoners of “arrestee” status.

205

11. Strip searches do not require reasonable suspicion for prisoners of “inmate” status.

206

1. Rationale:

207

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.

208

11. Strip searches are a necessary tool in protecting jail security and safety because:

209

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

210

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.

211

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.

212

213

**AD 01_108 __VISUAL BODY CAVITY SEARCH__**

214

215

1. Policy:

216

11. Visual body cavity searches shall be done in a manner which reasonably ensures that prisoners being searched are observed only by:

217

111. Staff conducting or assisting with the search; and/or

218

111. Staff working in the area.

219

11. Visual body cavity searches may include:

220

111. Arrestees at admission as detailed in the Initial Search section below (AD 01_110);

221

111. Inmates believed to be in possession of contraband;

222

111. Inmates in an area of a scheduled shakedown or area search;

223

111. Inmates leaving the secure area of the jail who are still in custody;

224

111. Inmates moving between security zones in the jail (e.g., moving from one housing unit to another, moving from the kitchen to a housing unit, going to or returning from a non-barrier visit, etc.).

225

11. Visual body cavity searches shall be conducted for inmates:

226

111. Returning to PCF from outside the secure areas of the jail;

227

111. Being placed on punitive lockdown status;

228

111. Being placed on administrative segregation status;

229

111. Being placed on suicide watch status;

230

11. Visual body cavity searches require reasonable suspicion for prisoners of “arrestee” status.

231

11. Visual body cavity searches do not require reasonable suspicion for prisoners of “inmate” status.

232

1. Rationale:

233

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.

234

235

**AD 01_109 __DIGITAL BODY CAVITY SEARCH__**

236

237

1. Policy:

238

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.

239

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.

240

11. Digital body-cavity searches shall be:

241

111. Conducted by medical personnel;

242

111. Done in a manner which reasonably ensures that prisoners being searched are observed only by staff conducting or assisting with the search.

243

11. Approval from the Corrections Chief Deputy should be obtained prior to a digital body cavity search being performed.

244

11. A valid search warrant should be obtained prior to performing a digital body cavity search.

245

1. Rationale:

246

11. The courts have recognized the importance of searching prisoners to maintain facility security; however, they have found digital body cavity searches to be the most intrusive and demeaning type of search. Because of the degree of intrusiveness involved, the courts will evaluate digital body cavity searches very carefully. Digital searches remain a viable search option, because:

247

111. The use of body cavities by prisoners to hide or transport contraband is not uncommon among persons who are handled by corrections officials;

248

111. While visual body cavity searches may on occasion detect indications that contraband is hidden in a body-cavity (e.g., the end of a balloon or condom protruding from the anus), in most instances the detection of contraband in a body cavity will only be possible with a digital search;

249

111. When prisoners become aware that digital searches are infrequently used, they quickly learn to hide contraband in the rectum and/or vagina;

250

111. Digital searches often result in discoveries of hidden contraband; and

251

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.

252

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.

253

254

**AD 01_110 __INITIAL SEARCH__**

255

256

1. Policy:

257

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:

258

111. Reasonable suspicion that the arrestee is in possession of criminal evidence, a weapon, or other item of contraband which would present an immediate threat to the safety or security of the facility; or

259

111. Reason to believe that the arrestee may have medical, mental health, or suicide-related problems which indicate the need for the more intrusive search.

260

11. Arrestees brought to the jail should not be strip or visual body cavity searched absent an individualized determination of reasonable suspicion to believe that the arrestee is in possession of:

261

111. A weapon;

262

111. A controlled substance;

263

111. Criminal evidence; or

264

111. Other contraband which:

265

1111. Would present a threat to the safety of staff or other persons in the jail;

266

1111. Would present a threat to the security of the facility;

267

1111. Has a health condition requiring immediate medical intervention, and a more intrusive search is required to confirm the information.

268

11. Individualized suspicion shall not be required to justify a strip search or visual body cavity search if the arrestee is received:

269

111. Under sentence from a court;

270

111. As an in-transit hold;

271

111. As a transfer from another corrections facility or corrections agency; or

272

111. For violation of probation or parole.

273

1. Rationale:

274

11. The purpose of the initial search is to subject all arrestees who enter the jail to a quick check for weapons, drugs, and other contraband to provide a reasonable margin of safety during the booking process by disarming arrestees and detecting more easily discoverable items of contraband which could present an immediate threat to the safety and security of the jail. Jails have strong security and safety interests in searching arrestees entering the facility. A lawful arrest establishes the authority to search. Strip searches may also be justified where there is reason to believe that an arrestee has mental health problems or is concealing evidence of medical problems or past suicide attempts. The need to protect the arrestee from himself and to protect others from infectious illness justifies a more intrusive search. A blanket strip search policy for all arrestees received for admission may not survive constitutional challenge. Rub searches should ordinarily be sufficient to meet the requirements of the initial search. More intrusive admission searches are justified if there is reasonable suspicion that the arrestee possesses contraband which might jeopardize the safety or security of the jail. A more complete search can be done at the conclusion of the booking process if the inmate is not released after booking.

275

11. The reasonable suspicion standard for intrusive searches is a clearly established constitutional requirement.

276

11. Court decisions requiring reasonable suspicion before conducting intrusive searches during the admissions process apply only to pretrial arrestees being booked for nonviolent misdemeanors.

277

278

**AD 01_111 __FOLLOW-UP SEARCH__**

279

280

1. Policy:

281

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.

282

11. Justification for a follow-up search more intrusive than a rub search must follow the guidelines of that type of search as specified in other sections of this policy.

283

11. Prisoners shall maintain arrestee status if it is likely that the prisoner may attain bail or release within four hours. Four hours is an administrative guideline, not a legal requirement:

284

111. A longer period of time may be granted if there is a high probability that an imminent release may be attained and there is space in the admissions holding cells.

285

111. A shorter period of time may be justified if the likelihood of an imminent release is remote and the admissions holding cells are crowded.

286

1. Rationale:

287

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.

288

289

**AD 01_112 __EXIGENT CIRCUMSTANCES__**

290

291

1. Policy:

292

11. Exigent circumstances may justify a search which under normal conditions would not ordinarily justify the search or level of intrusiveness of the search.

293

1. Rationale:

294

11. Emergencies and other circumstances which require immediate action to meet safety or security needs create an exception to the limits on searches.

295

296

**AD 01_113 __CROSS GENDER__**

297

298

1. Policy:

299

11. Female staff may rub search male prisoners in the normal course of duty;

300

11. Female staff may strip search or visual body cavity search male prisoners when:

301

111. Unintentional and the prisoner's actions amount to a voluntary waiver of sexual privacy interests; or

302

111. Demanded by exigent circumstances; and

303

111. A male deputy or trained male staff member is not available to complete the search; and

304

111. Waiting for the availability of a male deputy or trained male staff member would place the safety of persons or the security of the facility at significant risk (In most cases where a male staff member is not available to search a male prisoner, the prisoner should be isolated in a cell until a male staff member is available to complete the search.).

305

11. Male staff shall not search female prisoners unless:

306

111. Unintentional and the prisoner's actions amount to a voluntary waiver of sexual privacy interests; or

307

111. The female prisoner refuses to submit to a lawful search and/or is aggressive, fighting, physically resisting the search, and acting in a manner that creates reasonable cause to believe that the search cannot be completed without assistance from male officers; or

308

111. Demanded by exigent circumstances; and

309

111. A female deputy or trained female staff member is not available to complete the search; and

310

111. Waiting for the availability of a female deputy or trained female staff member would place the safety of persons or the security of the facility at significant risk (In most cases where a female staff member is not available to search a female prisoner, the prisoner should be isolated in a cell until a female staff member is available to complete the search.).

311

111. Refer to “Inmate Surveillance and Supervision” policy (CC 08).

312

1. Rationale:

313

11. Because Title VII prohibits gender-based employment discrimination and more than 90 percent of all prisoners are male, women must be permitted to conduct as many of the duties of corrections officers as possible. As a general rule, cross-gender searches by female officers have been upheld by the courts. The courts have differed on the scope or level of intrusion. Some have permitted female officers the same latitude as granted to male officers searching male prisoners. Other courts have been more cautious. Limiting female participation in searches:

314

111. Places a disproportionate work load and burden on male staff members;

315

111. Restricts female officers from the opportunity of gaining the work experience which is necessary to compete for promotion and assignments;

316

111. May reduce safety or security by limiting the number of expeditious and random searches of prisoners conducted by jail staff.

317

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.

318

11. Refer to “Inmate Surveillance and Supervision” policy (CC 08).

319

320

**AD 01_114 __MIXED GENDER__**

321

322

1. Policy:

323

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.

324

11. Transsexuals shall be searched by the gender that is the prisoner's current gender.

325

11. Transvestites shall be searched by the gender that is the prisoner's current gender, whether or not the prisoner appears to be the opposite gender.

326

1. Rationale

327

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.

328

329

**AD 01_115 __UNKNOWN GENDER__**

330

331

1. Policy:

332

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.

333

1. Rationale:

334

11. Erroneously housing a prisoner with a population of the opposite gender could result in a multitude of problems and/or liability issues.

Wiki source code of AD 01 Prisoner Searches