Wiki source code of AD 01 Prisoner Searches

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1 **Washington County Sheriff's Office**
2
3 **ADMINISTRATIVE DIVISION**
4
5 Policy Manual
6
7
8 Volume: AD
9
10 Searches
11
12 Chapter: 01
13
14 Prisoner Searches
15
16
17 Replaces and/or Supersedes:
18
19 AD 01 10/26/2011
20
21 Published:
22
23 06/01/2020
24
25 Review Date:
26
27 09/03/2021
28
29
30 Sheriff Cory Pulsipher
31
32 Undersheriff James Standley
33
34
35 **__TABLE OF CONTENTS__**
36
37 AD 01_101 Definitions
38
39 AD 01_102 References
40
41 AD 01_103 General
42
43 AD 01_104 Frisk Search
44
45 AD 01_105 Rub Search
46
47 AD 01_106 Strip Search
48
49 AD 01_107 Visual Body Cavity Search
50
51 AD 01_108  Body Scan
52
53 AD 01_109  Digital Body Cavity Search
54
55 AD 01_110  Initial Search
56
57 AD 01_111  Follow-Up Search
58
59 AD 01_112  Exigent Circumstances
60
61 AD 01_113  Cross Gender
62
63 AD 01_114  Mixed Gender
64
65 AD 01_115  Unknown Gender
66
67 AD 01_116  Voluntary Exposure
68
69
70 **AD 01_101 __DEFINITIONS__**
71
72 1. WCSO: Washington County Sheriff's Office
73 1. PCF: Purgatory Correctional Facility
74 1. ICE: Immigration and Customs Enforcement
75 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.
76 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.
77 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.
78 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.
79 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.
80 1. Detainee: A person kept under involuntary restraint who is not currently under arrest.
81 1. Arrestee: A prisoner's status from the time of arrest until the time of correctional facility housing assignment.
82 1. Inmate: A prisoner's status after being moved to a correctional facility housing assignment (including ICE detainees).
83 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.
84 1. Exigent: A situation requiring immediate action, assistance, or resolution; something arising suddenly out of current events; pressing need or demand.
85 1. Hermaphrodite: A person born with both male and female sex organs.
86 1. Transsexual: A person who has undergone surgery and hormone injections to effect a change of gender.T
87 1. Transvestite: A person who uses clothing, make-up, and/or other devices to appear to be of the opposite gender.
88 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.
97
98 **AD 01_102 __REFERENCES__**
99
100 1. Immigration and Customs Enforcement Standards:
101 11. 13.
102 1. Utah Counties Insurance Pool:
103 11. ML-V.A.2.
104 1. Utah Sheriffs Association Jail Standards:
105 11. C01.03.02: Receiving Female Inmates
106 11. C03.03.01: Scope of Arrestee Searches
107 11. C03.03.02: Reasonable Suspicion Not Required
108 11. C03.03.05: Voluntary Waivers
109 11. C03.03.06: Initial Search of Inmate
110 11. C03.03.07: Follow-Up Search
111 11. F03.01.01: Written Search Policies and Procedures Required
112 11. F03.01.02: Content: Searches
113 11. F03.02.01: Contraband Control
114 11. F03.02.02: Reasonable Searches
115 11. F03.03.01: Basis for Conducting Searches
116 11. F03.03.02: Scope of Intrusion and Justification
117 11. F03.03.03: Manner of Search
118 11. F03.03.04: Rub Searches
119 11. F03.03.05: Strip Searches
120 11. F03.03.07: Digital Body Cavity Searches
121 11. F03.03.08: Exigent Circumstances
122 11. F03.03.09: Voluntary Exposure
123 11. J05.03.03: Admission Searches of Work-Release Inmates
124 11. N01.03.01: General
125 11. N01.03.02: Female Inmates
126 11. N02.01.01: Written Cross-Gender Searches and Supervision Policies and Procedures Required
127 11. N02.01.02: Content: Cross-Gender Searches and Supervision
128 11. N02.02.01: Frisk and Searches of Male Inmates
129 11. N02.02.02: Strip Searches of Male Inmates
130 11. N02.02.03: Male Searches of Female Inmates
131 11. N02.02.04: Documentation of Searches
132
133 **AD 01_103 __GENERAL__**
134
135 1. Policy:
136 11. Staff shall conduct only reasonable searches.
137 11. The greater the scope of intrusion of a search, the greater must be the justification for conducting the search.
138 11. Searches shall be conducted in a professional manner. Staff members, when conducting searches shall:
139 111. Not make taunting, degrading, dehumanizing, or other inappropriate comments to prisoners;
140 111. 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;
141 111. Ensure adequate sanitation precautions, when possible; and
142 111. Ensure that persons conducting searches have adequate training and authority to conduct the type of search involved.
143 11. When force is necessary to enforce a lawful search only a reasonable amount of force shall be used.
144 11. Searches shall be conducted routinely and randomly, with limitation as explained below.
145 11. A search for safety concerns (i.e., frisk search) should include, at a minimum, a search for:
146 111. Weapons;
147 111. Any object that could be used as a weapon or to inflict harm.
148 11. Any non-frisk search should include, at a minimum, a search for:
149 111. Weapons;
150 111. Drugs;
151 111. Other contraband;
152 111. Indications of medical problems;
153 111. Past suicide attempts;
154 111. Needle "tracks";
155 111. Problems which might require staff intervention or follow-up.
156 11. All searches more intrusive than a rub search shall be documented in the Spillman computer system and shall include:
157 111. Date, time, and location of the search;
158 111. The name of the individual searched;
159 111. The name(s) of the officer(s) involved in the search;
160 111. The type (scope of intrusion) of the search that was conducted;
161 111. Information justifying a search more intrusive than a rub search; if applicable.
162 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.
163 1. Rationale:
164 11. The Fourth Amendment to the United States Constitution and Article I, Section 14, of the Constitution of Utah prohibit "unreasonable searches and seizures.”
165 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.
166 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.
167 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.
168
169 **AD 01_104 __FRISK SEARCH__**
170
171 1. Policy:
172 11. A frisk search of a detainee may be performed at any time, at the officer's discretion.
173 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.
174 11. A frisk search should not be used to search arrestees or inmates (more thorough searches should be used instead).
175 1. Rationale:
176 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.
177 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.
178
179 **AD 01_105 __RUB SEARCH__**
180
181 1. Policy:
182 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.
183 11. Unless a more intrusive search is justified, all prisoners (including detainees) shall be rub searched by PCF officers at admission to PCF.
184 11. Routine rub searches may include, but are not limited to:
185 111. Arrestees, by arresting officers at the time of arrest;
186 111. Arrestees, by PCF staff at admission to PCF;
187 111. Inmates returning to PCF from outside the secure areas of the jail;
188 111. Inmates in an area of a scheduled shakedown or area search;
189 111. Inmates leaving the secure area of the jail who are still in custody;
190 111. Inmates moving between security zones in the jail (e.g., from one housing unit to another or from the kitchen to a housing unit).
191 11. Rationale:
192 111. 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.
193
194 **AD 01_106 __STRIP SEARCH__**
195
196 1. Policy:
197 11. Strip searches shall be done in a manner which reasonably ensures that prisoners being searched are observed only by:
198 111. Staff conducting or assisting with the search; and/or
199 111. Staff working in the area.
200 11. Strip searches may include:
201 111. Arrestees at admission as detailed in the Initial Search section below (AD 01_109);
202 111. Inmates returning to PCF from outside the secure areas of the jail;
203 111. Inmates believed to be in possession of contraband;
204 111. Inmates in an area of a scheduled shakedown or area search;
205 111. Inmates leaving the secure area of the jail who are still in custody;
206 111. 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.).
207 111. Inmates being placed on punitive lockdown status;
208 111. Inmates being placed on administrative segregation status;
209 111. Inmates being placed on suicide watch status;
210 11. Strip searches require reasonable suspicion for prisoners of “arrestee” status.
211 11. Strip searches do not require reasonable suspicion for prisoners of “inmate” status.
212 1. Rationale:
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.
214 11. Strip searches are a necessary tool in protecting jail security and safety because:
215 111. 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
216 111. 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.
217
218 **AD 01_107 __VISUAL BODY CAVITY SEARCH__**
219
220 1. Policy:
221 11. Visual body cavity searches shall be done in a manner which reasonably ensures that prisoners being searched are observed only by:
222 111. Staff conducting or assisting with the search; and/or
223 111. Staff working in the area.
224 11. Visual body cavity searches may include:
225 111. Arrestees at admission as detailed in the Initial Search section below (AD 01_109);
226 111. Inmates believed to be in possession of contraband;
227 111. Inmates in an area of a scheduled shakedown or area search;
228 111. Inmates leaving the secure area of the jail who are still in custody;
229 111. 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.).
230 11. Visual body cavity searches shall be conducted for inmates:
231 111. Returning to PCF from outside the secure areas of the jail;
232 111. Being placed on punitive lockdown status;
233 111. Being placed on administrative segregation status;
234 111. Being placed on suicide watch status;
235 11. Visual body cavity searches require reasonable suspicion for prisoners of “arrestee” status.
236 11. Visual body cavity searches do not require reasonable suspicion for prisoners of “inmate” status.
237 1. Rationale:
238 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.
239
240 **AD 01_108  __BODY SCAN__**
241
242 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:
265 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.
266 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.
267 11. Digital body-cavity searches shall be:
268 111. Conducted by medical personnel;
269 111. Done in a manner which reasonably ensures that prisoners being searched are observed only by staff conducting or assisting with the search.
270 11. Approval from the Corrections Chief Deputy should be obtained prior to a digital body cavity search being performed.
271 11. A valid search warrant should be obtained prior to performing a digital body cavity search.
272 1. Rationale:
273 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:
274 111. The use of body cavities by prisoners to hide or transport contraband is not uncommon among persons who are handled by corrections officials;
275 111. 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;
276 111. When prisoners become aware that digital searches are infrequently used, they quickly learn to hide contraband in the rectum and/or vagina;
277 111. Digital searches often result in discoveries of hidden contraband; and
278 111. Use of digital searches increases the risk of being detected for prisoners who violate contraband regulations and may deter some of the prohibited activity.
279 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.
280
281 **AD 01_110  __INITIAL SEARCH__**
282
283 1. Policy:
284 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:
285 111. 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
286 111. Reason to believe that the arrestee may have medical, mental health, or suicide-related problems which indicate the need for the more intrusive search.
287 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:
288 111. A weapon;
289 111. A controlled substance;
290 111. Criminal evidence; or
291 111. Other contraband which:
292 1111. Would present a threat to the safety of staff or other persons in the jail;
293 1111. Would present a threat to the security of the facility;
294 1111. Has a health condition requiring immediate medical intervention, and a more intrusive search is required to confirm the information.
295 11. Individualized suspicion shall not be required to justify a strip search or visual body cavity search if the arrestee is received:
296 111. Under sentence from a court;
297 111. As an in-transit hold;
298 111. As a transfer from another corrections facility or corrections agency; or
299 111. For violation of probation or parole.
300 1. Rationale:
301 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.
302 11. The reasonable suspicion standard for intrusive searches is a clearly established constitutional requirement.
303 11. Court decisions requiring reasonable suspicion before conducting intrusive searches during the admissions process apply only to pretrial arrestees being booked for nonviolent misdemeanors.
304
305 **AD 01_111  __FOLLOW-UP SEARCH__**
306
307 1. Policy:
308 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.
309 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.
310 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:
311 111. 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.
312 111. A shorter period of time may be justified if the likelihood of an imminent release is remote and the admissions holding cells are crowded.
313 1. Rationale:
314 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.
315
316 **AD 01_112  __EXIGENT CIRCUMSTANCES__**
317
318 1. Policy:
319 11. Exigent circumstances may justify a search which under normal conditions would not ordinarily justify the search or level of intrusiveness of the search.
320 1. Rationale:
321 11. Emergencies and other circumstances which require immediate action to meet safety or security needs create an exception to the limits on searches.
322
323 **AD 01_113  __CROSS GENDER__**
324
325 1. Policy:
326 11. Female staff may rub search male prisoners in the normal course of duty;
327 11. Female staff may strip search or visual body cavity search male prisoners when:
328 111. Unintentional and the prisoner's actions amount to a voluntary waiver of sexual privacy interests; or
329 111. Demanded by exigent circumstances; and
330 111. A male deputy or trained male staff member is not available to complete the search; and
331 111. 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.).
332 11. Male staff shall not search female prisoners unless:
333 111. Unintentional and the prisoner's actions amount to a voluntary waiver of sexual privacy interests; or
334 111. 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
335 111. Demanded by exigent circumstances; and
336 111. A female deputy or trained female staff member is not available to complete the search; and
337 111. 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.).
338 111. Refer to “Inmate Surveillance and Supervision” policy (CC 08).
339 1. Rationale:
340 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:
341 111. Places a disproportionate work load and burden on male staff members;
342 111. Restricts female officers from the opportunity of gaining the work experience which is necessary to compete for promotion and assignments;
343 111. May reduce safety or security by limiting the number of expeditious and random searches of prisoners conducted by jail staff.
344 111. 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.
345 11. Refer to “Inmate Surveillance and Supervision” policy (CC 08).
346
347 **AD 01_114  __MIXED GENDER__**
348
349 1. Policy:
350 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.
351 11. Transsexuals shall be searched by the gender that is the prisoner's current gender.
352 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.
353 1. Rationale
354 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.
355
356 **AD 01_115  __UNKNOWN GENDER__**
357
358 1. Policy:
359 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.
360 1. Rationale:
361 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.