2-06/010.30 Strip Searches

Definitions:

• Pat Down/Cursory Search: A search which requires the physical “patting” of a person over their clothing.
• Strip Search: This is a search which requires a person to remove or re-arrange some or all of their clothing to permit a visual inspection of the underclothing, breasts, buttocks or genitalia.
• Visual Body Cavity Search: This type of search is the visual inspection of a person's body cavities (i.e., skin folds, rectal and vaginal cavities).
• Physical Body Cavity Search: This search is the intrusion into a person's body cavity for the purpose of discovering and/or retrieving any object concealed within the cavity, (this type of search can only be done by medical personnel after a search warrant has been issued).
• Felony or Arraigned Inmates: The following sub-sections regarding search procedures do not apply to inmates with felony charges or arraigned inmates.
• New Booking and Pre-Arraigned Inmates: Strip searches, visual body cavity searches, and physical body cavity searches of misdemeanor or infraction new bookings, are limited by Penal Code Section 4030, which restricts the searching of:
  • Pre-arraigned detainees when the detention is for a misdemeanor or infraction offense not involving weapons, controlled substances, or violence.
  • Minors detained prior to a detention hearing when the offense does not involve weapons, controlled substances, or violence.

Exception: When there is reasonable suspicion, based on specific and articulable facts, to believe that the person is concealing a weapon or contraband and a strip or visual body cavity search will result in the discovery of the weapon or contraband.

A person who knowingly and willfully authorizes or conducts a strip, visual, or physical body cavity search in violation of 4030 PC, is guilty of a misdemeanor.

Strip Search Authorization

When there is a need for a strip and/or visual body cavity search of a non-arraigned person arrested for a misdemeanor/infraction, the requesting Deputy, Custody Assistant or police officer shall complete a Strip Search Authorization Form and present it to the Area Lieutenant for review and approval. After the search has taken place, the completed form shall be forwarded to the Bureau Captain for review.

Retention of Forms

Strip Search Authorization Forms and required physical body cavity search warrants shall be retained for two years in a separate file at the originating unit. Upon request, copies shall be provided to the person searched or their designated representative.

Location of Searches and Authorized Personnel

All strip and visual body cavity searches shall be conducted in an area of privacy and be conducted by Deputies, Custody Assistants, or Matrons of the same sex as the suspect. There shall be a minimum of two authorized persons present during any approved strip search.

Physical Body Cavity Search

Should the visual examination and/or information lead searching personnel to believe a suspect may have contraband secreted within a body cavity, personnel shall keep the suspect under constant observation and advise the Area Lieutenant, who shall determine if circumstances warrant a physical body cavity search. The Area Lieutenant shall make arrangements for the inmate to be transported back to the Inmate Reception Center (IRC) / Century Regional Detention Facility (CRDF) to ensure that a proper search warrant is obtained, authorizing the physical intrusion into a body cavity for the purpose of discovering a concealed object, prior to having the physical body cavity search conducted.

The search into any body cavity must be conducted by a physician or other authorized licensed medical personnel at the direction of a physician and only pursuant to a search warrant. The search should be conducted at the appropriate jail hospital under sterile clinical conditions.

Female Inmates

Occasionally, a complete strip or visual body cavity search of a recalcitrant female may not be accomplished at a court lockup. In such instances, the following procedures shall apply:

• Adult female: Transport and book directly into CRDF. Advise the booking unit of the circumstances, and keep under constant observation during detention at court.
• Juvenile female: Arrange for immediate transfer to Central Juvenile Hall. Advise admittance unit of the circumstances, and keep under constant observation during detention at court.

Searches of General Population Inmates

In order to prevent the introduction of weapons, narcotics, or other contraband, lockup personnel may conduct a strip search or visual body cavity search of any inmate that has been housed in the custody population, as long as there is a valid reason for the search. A verbal approval is required by the Lockup Supervisor. The inmate’s name, booking number, the time and reason for the search, shall be listed in the Uniform Daily Activity (UDAL)/Title 15 Log.