18.5 Invasive Searches of Persons

Centreville Police Department Title: Invasive Searches of Persons Directive #: 18.5 Issued: 10.1.2016 Revised: 10.1.2016 Approved by: Charles M. Rhodes, Jr.

Chief of Police A. Policy Officers will follow the procedures in this directive when conducting invasive searches of persons.

B. Definitions

BODY CAVITY SEARCH:

• an inspection of the anal, abdominal or vaginal cavity of a person that is conducted visually,

manually, by means of any instrument, apparatus or object, or in any other manner.

STRIP SEARCH:

• the removal or rearrangement of any clothing which permits a visual inspection of the genitals, buttocks,

anus or female breasts, or undergarments of a suspect.

C. Procedures

1. Strip Searches

a. A strip search should be considered only when the facts known to the officer, or the observations made by the officer, establish the reasonableness of a search of this extent.

b. Strip searches should never be routine and will be permitted:

(1) when an officer reasonably believes that a suspect is concealing a weapon, an item that could

facilitate escape, contraband or evidence; or

(2) upon authority of a search warrant.

c. Strip searches must be approved by the officer's immediate supervisor.

Page 1 of 3 d. Strip searches will be conducted by a minimum of two officers in an area to ensure privacy.

e. The search will be conducted by officers of the same gender as the suspect and will be done professionally, taking care to respect the suspect's privacy and comfort.

f. The suspect will not remain unclothed any longer than necessary.

g. If there is only one officer of the same gender available, that officer will conduct the search; the officer of the opposite gender will remain immediately outside the room in which the search is being conducted and will not participate in or view the strip search.

h. An allied law enforcement officer of the same gender as the suspect may be used to conduct a strip search if an officer of the same gender is not available.

i. An officer is permitted to assist an allied law enforcement agency with a strip search when requested to do so and will ensure the requirements of this directive are followed.

j. Under no circumstance will a civilian employee conduct or assist with a strip search.

k. Officers involved in the strip search will not touch the suspect’s body except for safety and control purposes.

l. The officer involved in the search will include in the Incident Report related to the case the:

(1) fact a strip search was conducted;

(2) name of the approving supervisor;

(3) date, time and location where the search was conducted; and

(4) identity of the officers present during the search.

2. Search of Body Cavity

a. A search for items within a body cavity may be conducted only with a search warrant unless exigent circumstances exist.

b. Time permitting, the State's Attorney’s Office should be consulted before a body cavity search is conducted.

c. To conduct a body cavity search:

(1) there must be probable cause to believe that the suspect has evidence concealed within his body;

(2) the search must be made by a licensed health care professional under sanitary conditions and

in a medically accepted manner; and

(3) force may be used only to the extent necessary to effect submission to the examination.

Page 2 of 3 d. An application for a search warrant for a body cavity searches will be made only with prior approval by the officer's immediate supervisor or the duty officer.

e. The officer involved in the search will include in the Incident Report related to the case the:

(1) items included in (C)(1)(l), above;

(2) identity of the licensed health care professional; and

(3) name of the judge who signed the search warrant

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