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HomeMy WebLinkAbout902 Custodial Searches of PersonsIowa City Police Department Policy Manual Custodial Searches of Persons Effective Date: 05/28/2024 Revised Date: Issuing Authority: Chief Dustin Liston 902.1 PURPOSE AND SCOPE This policy provides guidance regarding searches of individuals in custody. Such searches are necessary to eliminate the introduction of contraband, intoxicants or weapons into the Iowa City Police Department facility. Such items can pose a serious risk to the safety and security of department members, individuals in custody, contractors and the public. Nothing in this policy is intended to prohibit the otherwise lawful collection of evidence from an individual in custody. 902.1.1 DEFINITIONS Definitions related to this policy include: Custody search - An in -custody search of an individual and of his/her property, shoes and clothing, including pockets, cuffs and folds on the clothing, to remove all weapons, dangerous items and contraband. Strip search - Having a person remove or arrange some or all of the person's clothing so as to permit an inspection of the genitalia, buttocks, anus, female breasts or undergarments of that person or a physical probe of any body cavity (Iowa Code § 702.23). Visual Strip search - Having a person remove or arrange some or all of the person's clothing so as to permit a visual inspection of the genitalia, buttocks, anus, female breasts, or undergarments of that person (Iowa Code § 702.24). 902.2 POLICY All searches shall be conducted with concern for safety, dignity, courtesy, respect for privacy and hygiene, and in compliance with policy and law to protect the rights of those who are subject to any search. Searches shall not be used for intimidation, harassment, punishment or retaliation. 902.3 FIELD AND TRANSPORTATION SEARCHES An officer should conduct a custody search of an individual immediately after his/her arrest, when receiving an individual from the custody of another, and before transporting a person who is in custody in any department vehicle. Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Custodial Searches of Persons - 1 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Custodial Searches of Persons Except in exigent circumstances, a custody search should be conducted by an officer of the same sex as the person being searched. If an officer of the same sex is not reasonably available, a witnessing officer should be present during the search. 902.4 SEARCHES AT POLICE FACILITIES Custody searches shall be conducted on all individuals in custody, upon entry to the Iowa City Police Department facilities. Except in exigent circumstances, the search should be conducted by a member of the same sex as the individual being searched. If a member of the same sex is not available, a witnessing member should be present during the search. Custody searches should also be conducted any time an individual in custody enters or re-enters a secure area, or any time it is reasonably believed that a search is necessary to maintain the safety and security of the facility. 902.4.1 PROPERTY Members shall take reasonable care in handling the property of an individual in custody to avoid discrepancies or losses. Property retained for safekeeping shall be kept in a secure location until the individual is released or transferred. Some property may not be accepted by a facility or agency that is taking custody of an individual from this department, such as weapons or large items. These items should be retained for safekeeping in accordance with the Evidence Policy. 902.5 VISUAL STRIP SEARCHES No individual in temporary custody at any Iowa City Police Department facility shall be subjected to a visual strip search unless there is reasonable suspicion based upon specific and articulable facts to believe the individual has a health condition requiring immediate medical attention, or is concealing a weapon or contraband. A person arrested for a simple misdemeanor may only be subject to a strip search or a visual strip search as set forth below. Factors to be considered in determining reasonable suspicion include, but are not limited to: (a) The detection of an object during a custody search that may be a weapon or contraband and cannot be safely retrieved without a visual strip search. (b) Circumstances of a current arrest that specifically indicate the individual may be concealing a weapon or contraband. A felony arrest charge or being under the influence of a controlled substance should not suffice as reasonable suspicion absent other facts. (c) Custody history (e.g., past possession of contraband while in custody, assaults on department members, escape attempts). (d) The individual's actions or demeanor. (e) Criminal history (i.e., level of experience in a custody setting). Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Custodial Searches of Persons - 2 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Custodial Searches of Persons No transgender or intersex individual shall be searched or examined for the sole purpose of determining the individual's genital status. If the individual's genital status is unknown, it may be determined during conversations with the person, by reviewing medical records, or as a result of a broader medical examination conducted in private by a medical practitioner. Officers will inform transgender and gender non -conforming individuals of their right to express a preference of officer gender for searches. (a) Absent exigent circumstances, before performing any level of search of transgender and gender non -conforming individuals, officers will inform them of the right to express a preference for the gender of the officer who will conduct the search (b) Officers will record the following information on either their in -car camera, body -worn camera, or video recording devices located in the department: 1. The advisement and request for preference; 2. The individual's response; 3. Whether or not the request was granted; 4. Reason for not granting the request, if applicable (c) If the transgender or gender non -conforming individual has a preference, at least one officer of the gender requested will conduct the search, whenever possible. (d) Officers must take into account the reasonableness of any delay created by waiting for another officer. (e) If the transgender or gender non -conforming individual does not specify a preference, at least one officer of the same gender as the transgender or gender non -conforming individual's gender expression will conduct the search. Example: A male officer would search a transgender man who indicates no preference for the search. (f) When in doubt regarding any searches of a transgender individual, officers will calla supervisor to the scene prior to searching. Consistent with the limits of the U.S. Constitution and the Iowa Constitution, a person may voluntarily waive these requirements. All waivers shall be in writing. In instances involving juveniles, the juvenile's parent or legal guardian shall be contacted and asked to come to the station or other facility. SANE nurses may be utilized for the collection of evidence during strip search procedures, including the search of body cavities, if the Iowa Code, as applicable, and the U.S. Constitution (4th Amendment) and the Iowa Constitution (Article I, Section 8) are not violated. Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Custodial Searches of Persons - 3 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Custodial Searches of Persons 902.5.1 STRIP SEARCH PROCEDURES (ADDITIONAL PROCEDURES FOR PERSONS ARRESTED FOR A SIMPLE MISDEMEANOR ARE SET FORTH BELOW) Visual strip searches at Iowa City Police Department facilities shall be conducted as follows (a) Written authorization from the Watch Commander shall be obtained prior to the visual strip search (Iowa Code § 804.30). (b) All members involved with the visual strip search shall be of the same sex as the individual being searched, unless the search is conducted by a physician (Iowa Code § 804.30). (c) All visual strip searches shall be conducted in a professional manner under sanitary conditions and in a secure area of privacy so that the search cannot be observed by those not participating in the search. The search shall not be reproduced through a visual or sound recording. (d) Whenever possible, a second member of the same sex should also be present during the search, for security and as a witness to the finding of evidence. (e) Members conducting a visual strip search shall not touch the breasts, buttocks or genitalia of the individual being searched. (f) The primary member conducting the search shall prepare a written report to include (Iowa Code § 804.30): 1. The facts that led to the decision to perform a visual strip search. 2. The reasons less intrusive methods of searching were not used or were insufficient. 3. The written authorization for the search, obtained from the Watch Commander. 4. The name of the individual who was searched. 5. The name and sex of the members who conducted the search. 6. The name, sex and role of any person present during the search. 7. The time and date of the search. 8. The place at which the search was conducted. 9. A list of the items, if any, that were recovered. 10. The facts upon which the member based his/her belief that the individual was concealing a weapon or contraband. No member should view an individual's private underclothing, buttocks, genitalia or female breasts while that individual is performing bodily functions or changing clothes, unless he/she otherwise qualifies for a visual strip search. However, if serious hygiene or health issues make it reasonably necessary to assist the individual with a shower or a change of clothes, a supervisor should be contacted to ensure reasonable steps are taken to obtain the individual's consent and/or otherwise protect his/her privacy and dignity. The person searched shall be provided with a copy of the written report (Iowa Code § 804.30). Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Custodial Searches of Persons - 4 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Custodial Searches of Persons 902.5.2 SPECIAL CIRCUMSTANCE FIELD VISUAL STRIP SEARCHES A visual strip search may be conducted in the field only with Watch Commander authorization and only in exceptional circumstances, such as when: (a) There is probable cause to believe that the individual is concealing a weapon or other dangerous item that cannot be recovered by a more limited search. (b) There is probable cause to believe that the individual is concealing controlled substances or evidence that cannot be recovered by a more limited search, and there is no reasonable alternative to ensure the individual cannot destroy or ingest the substance during transportation. These special -circumstance field visual strip searches shall only be authorized and conducted under the same restrictions as the visual strip search procedures in this policy, except that the Watch Commander authorization does not need to be in writing. 902.6 PHYSICAL BODY CAVITY SEARCH Physical body cavity searches shall be subject to the following: (a) No individual shall be subjected to a physical body cavity search without written approval of the Watch Commander and only upon a search warrant. A copy of any search warrant and the results of the physical body cavity search shall be included with the related reports and made available, upon request, to the individual or authorized representative (except for those portions of the warrant ordered sealed by a court) (Iowa Code § 804.30). (b) Only a physician may conduct a physical body cavity search. 1. This requirement may be waived in writing by the arrested person (Iowa Code § 804.30). (c) Except for the physician conducting the search, persons present must be of the same sex as the individual being searched. Only the necessary department members needed to maintain the safety and security of the medical personnel shall be present. (d) Privacy requirements, including restricted touching of body parts and sanitary condition requirements, are the same as required for a visual strip search. (e) All such searches shall be documented, including (Iowa Code § 804.30): (a) The facts that led to the decision to perform a physical body cavity search of the individual. (b) The reasons less intrusive methods of searching were not used or were insufficient. (c) The Watch Commander's approval. (d) A copy of the search warrant. (e) The time, date and location of the search. (f) The medical personnel present. Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Custodial Searches of Persons - 5 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Custodial Searches of Persons (g) The names, sex and roles of any department members present. (h) Any contraband or weapons discovered by the search. (f) A copy of the written authorization shall be retained and shall be provided to the individual who was searched or other authorized representative upon request (Iowa Code § 804.30). 902.7 GENDER IDENTITY OR EXPRESSION CONSIDERATIONS If an individual who is subject to a visual strip search or physical body cavity search has a gender identity or expression that differs from their sex assigned at birth, the search should be conducted by members of the same gender identity or expression as the individual, unless the individual requests otherwise. 902.8 JUVENILES No juvenile should be subjected to a visual strip search or a physical body cavity search at the Department. The Chief of Police or the authorized designee should establish procedures for the following: (a) Safely transporting a juvenile who is suspected of concealing a weapon or contraband, or who may be experiencing a medical issue related to such concealment, to a medical facility or juvenile detention facility as appropriate in the given circumstances. 1. Procedures should include keeping a juvenile suspected of concealing a weapon under constant and direct supervision until custody is transferred to the receiving facility. (b) Providing officers with information identifying appropriate medical and juvenile detention facilities to which a juvenile should be transported for a strip or body cavity search. Nothing in this section is intended to prevent an officer from rendering medical aid to a juvenile in emergency circumstances (see the Medical Aid and Response Policy for additional guidance). Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Custodial Searches of Persons - 6 Published with permission by Iowa City Police Department