Cheswold Police Department Strip and Body Cavity Searches Policy, Lecture notes of Anatomy

Download Cheswold Police Department Strip and Body Cavity Searches Policy and more Lecture notes Anatomy in PDF only on Docsity! CHESWOLD POLICE Department of Public Safety STRIP AND BODY CAVITY SEARCHES Effective Date: Directive Number: April 15, 2013 10-10-2 Special Instructions: NONE Distribution: Last Re-Evaluation Date: Total Pages: All Sworn & Civilian Personnel 3 I. PURPOSE The purpose of this policy is to provide officers with guidelines for determining if and under what conditions the use of strip searches and body cavity searches are legally permissible and to establish guidelines for the appropriate conduct of such searches. II. POLICY This department recognizes that the use of strip searches and body cavity searches may, under certain conditions, be necessary to protect the safety of officers, civilians and other prisoners; to detect and secure evidence of criminal activity and to safeguard the security, safety and related interests of this agency’s prisoner detention and holding facilities. Recognizing the intrusiveness of these searches on individual privacy, however, it is the policy of this department that such searches shall be conducted only with proper authority and justification, with due recognition and deference for the human dignity of those being searched and in accordance with the procedural guidelines for conducting such searches as set forth in this policy. III. DEFINITIONS A. Strip Search: Any search of an individual requiring the removal or rearrangement of some or all clothing to permit the visual inspection of any or all skin surfaces including genital areas, breasts and buttocks. B. Body Cavity Search: Any search involving not only visual inspection of skin surfaces but the internal physical examination of body cavities and, in some instances, organs such as the stomach cavity. IV. PROCEDURES A. Strip Searches 1. Individuals arrested for traffic violations and other minor offenses of a nonviolent nature shall not be subject to strip searches unless the arresting officer has reasonable suspicion to believe that the individual is concealing contraband or weapons. Reasonable suspicion may be based upon, but is not limited to: a. The nature of the offense charged; b. The arrestee’s appearance and demeanor; c. The circumstances surrounding the arrest; STRIP AND BODY CAVITY SEARCHES Page 1 of 3 d. The arrestee’s criminal record, particularly past crimes of violence and narcotics offenses; e. The discovery of evidence of a major offense in plain view or in the course of a search incident to the arrest; and/or f. Detection of suspicious objects beneath the suspect’s clothing during a field search incident to arrest. 2. Field strip searches of prisoners shall be conducted only in the rarest of circumstances under exigent circumstances where the life of officers or others may be placed at risk, and only in privacy with the explicit approval of a supervisory officer. 3. Where articulable, reasonable suspicion exists to conduct a strip search, the arresting officer shall make a documented request for such action to the detention supervisor or other designated authority which clearly defines the basis for suspicion. 4. When authorized by the supervising authority, strip searches may be conducted only: a. by specially trained and designated personnel; b. in conformance with approved hygienic procedures and professional practices; c. in a room specifically authorized for this purpose; d. by the least number of personnel necessary and only by those of the same sex; and e. under conditions that provide privacy from all but those authorized to conduct the search. 5. Following a strip search, the officer performing the search shall submit a written report to the supervisory authority that details, at a minimum, the: a. date and place of the search; b. identity of the officer conducting the search; c. identity of the individual being searched; d. those present during the search; e. a detailed description of the nature and extent of the search; and f. Any weapons, evidence or contraband found during the search. B. Body Cavity Searches Should visual examination of a suspect during a strip search and/or other information lead an officer to believe that the suspect is concealing a weapon, evidence or contraband within a body cavity, the following procedures shall be followed: 1. The suspect shall be kept under constant visual surveillance until a body cavity search is conducted or an alternative course of action can be taken. 2. The officer shall consult with his 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 the safety of officers or others, and/or the security of the department’s detention operations. STRIP AND BODY CAVITY SEARCHES Page 2 of 3