Care of Persons in Custody

Care of Those in Custody (PO A)

• An officer becomes responsible for a citizen's safety the minute they decide to contact them.
• Responsibility begins when an officer turns on emergency lights or stops someone.
• Limiting a citizen's freedom equates to responsibility for their safety.
• Safety issues to consider include the location where a person is asked to stop, safety of the person, and re-entry into traffic.
• Officers must not violate a citizen’s constitutional rights.
• Constitutional rights to be aware of are the 4th, 5th, 6th, and 8th amendment
• Complete responsibility for a person begins once they are placed under arrest and extends until transfer to a booking facility/jail/prison.
• This responsibility includes the suspect's medical, mental, and security needs.
• Corrections officers are entirely responsible for the well-being of suspects once booked into the jail system.
• Responsibility includes immediate medical wellbeing and long-term monitoring of the prisoner.

Transporting Persons in Custody (PO B)

• Officers must transport an arrested suspect to a booking facility.
• Considerations during transport include proper handcuffing, searching the suspect, visual search of the suspect placement area, suspect placement, and securing the suspect.
• Handcuffs should be checked for tightness and double-locked behind the suspect, with special considerations for injuries or pregnancy.
• Suspects must be fully searched for weapons.
• A quick visual check ensures nothing is in the back of the patrol unit.
• The suspect is generally placed in the right rear seat, but other options exist depending on the vehicle and inmate classification.
• Suspects must be seat-belted with restraint options like hobbles, leg chains, spit masks, or belly chains.
• Do not handcuff a suspect to the vehicle.
• Juveniles require sight and sound separation.
• Beginning and ending mileage, number in custody, and the suspect's sex is needed in radio transmissions.
• Decontamination/medical considerations include OC exposure, TASER deployment, and less-than-lethal weapon use.
• Drive with due care, obey traffic laws, take the most direct route, and make no additional stops.

Searching prior to Transport (PO C)

• A full, thorough, and systematic search of the suspect must be completed after an arrest.
• Officers should disregard gender concepts and search everyone the same and professionally to avoid potential harm.
• Guidelines for searching opposite-sex suspects include having an officer of the same gender assist, and conducting the search in front of the dash cam.
• Always inform the suspect of what you are doing when searching the private region.
• Inform dispatch of the search's start and end.
• Use a witness officer.
• The criteria/limitations governing unclothed body searches must be discussed in corrections/detentions.
• Officers must search not only suspects but also their patrol vehicle.
• Patrol vehicles must be free of contraband, weapons, or any other items before and after suspect transport.

Positional Asphyxia (PO D)

• Positional asphyxia, also known as sudden in-custody death, occurs when a person is placed in an improper position.
• Improper positioning causes respiratory distress, lack of oxygenation, and/or cardiac arrhythmia.
• Predisposition factors include obesity, alcohol and high drug use, enlarged heart, exposure to OC chemical agents, and violent extreme struggle.
• Positional asphyxia can be caused by law enforcement actions, such as piling on top of a subject or placing them face down in a car.
• Actions that lead to positional asphyxia can be mitigated.
• Officers should always check on a suspect's status, especially after a physical altercation, and seek medical attention if needed.
• Be trained and knowledgeable in restraint methods.
• Positions to avoid placing suspects in are hog-tied with feet and arms behind the the person's back, face down, or bent over at the waist.

Rights of Person in Custody (PO E)

• The rights of citizens are limited when detained, arrested, and incarcerated, but basic rights granted under the constitution are retained.
• Basic rights of a citizen under arrest are stated in the Fifth, Sixth, and Eighth Amendments of the “Bill of Rights”.
  • No person shall be compelled to be a witness against themselves, nor be deprived of life, liberty, or property without due process.
  • The accused has the right to a speedy and public trial, an impartial jury, to be informed of the charges, to confront witnesses, to have compulsory process for obtaining witnesses, and to have the assistance of counsel.
  • Excessive bail, fines, and cruel/unusual punishments are prohibited.
• The right to health care if injured or sick is afforded to those in custody
• Miranda rights are given depending on the circumstances of being in custody and being interrogated.
• Suspects with communication disabilities have the right to an interpreter provided at public expense (NRS 171.1536).
• Detaining authorities shall provide those with disabilities reasonable means of communication, pencil, paper, two envelopes, and first-class postage stamps (NRS 171.1537).
• Rights to interpretation/communication can only be waived knowingly/voluntarily in writing, and can be retracted at any time before custody termination (NRS 171.1538).
• Without a waiver, interrogation or statement cannot occur without an interpreter per NRS 50.050 to 50.053.
• Those arrested have the right to a reasonable number of completed telephone calls from the police station or booking location immediately after booking, or within 3 hours of arrest unless physically impossible.
  • Calls may be limited to local calls unless the arrested person pays for long distance.
  • A reasonable number of calls includes one to a friend/bail agent and one to an attorney.
• Visitation rights are limited when incarcerated.
  • Inmates have the right to legal visits, though not fully unfettered.
  • Absolute bans on other visits are not allowed, and restrictions must have a reasonable relationship to penological goals.
  • The Nevada Department of Corrections (NDOC) views visitation as a privilege.
• Mail privileges are also limited but prisoners have the right to send and receive mail.
  • Officers can read, censor, or withhold mail for security.
  • Non-privileged mail can be opened without the inmate's presence.
  • Legal mail requires inspection in the inmate's presence and clear marking of attorney mail on the envelope.
• Courts give deference to prison officials' decisions about disciplinary punishment, which are generally upheld if they fulfill legitimate penological interests.
  • Physical abuse or degrading conditions of punitive confinement are unconstitutional.
• Religious beliefs are protected by the Free Exercise Clause of the First Amendment.
  • Inmates have the right to believe in anything, but not always to do things based on those beliefs.
  • The government cannot substantially burden religious exercise unless it furthers a compelling governmental interest and is the least restrictive means.
• The Prison Litigation Reform Act (PLRA) makes it harder for prisoners to file lawsuits in federal court.
  • The PLRA imposes requirements for using prison grievance procedures, filing fees, restrictions due to frivolous lawsuits, and lawsuits for mental/emotional injury.

Exceptions to Right to Make Phone Calls (PO F)

• Exceptions to making phone calls under NRS 171.153 involves situations considered physically impossible.
• Another is involving long distance calls if expense is not paid by the arrestee.