Searches - Persons - 2
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Questions and Answers

What is the primary purpose of an Inventory Search?

  • To determine the arrestee's gang affiliation and document tattoos.
  • To inventory property, protect personnel, and prevent contraband from entering DCDC. (correct)
  • To gather evidence for prosecution and build a stronger case.
  • To interrogate the arrestee and obtain a confession.

When should officers conduct an Inventory Search on an arrestee?

  • Only if the arrestee is being held on felony charges.
  • After processing the arrestee and completing all paperwork.
  • Only when there is reasonable suspicion that the arrestee is concealing contraband.
  • Prior to entering the DCDC booking area, as a standard part of the booking procedure. (correct)

During the Inventory Search process at DCDC, what is the general rule regarding the use of restraints on arrestees?

  • Arrestees should remain handcuffed and restrained during the entire booking process. (correct)
  • Arrestees should be unrestrained throughout the entire booking process to ensure their comfort.
  • Arrestees should only be restrained if they are being charged with a violent crime.
  • Arrestees should be unrestrained once they enter the 'red box' area.

What is the exception to the rule that arrestees should remain handcuffed and restrained?

<p>If the arrestee is cooperative and non-combative, they may be unrestrained to remove piercings, hair clips, and jewelry. (D)</p> Signup and view all the answers

Where should officers place the arrestee upon arrival at the DCDC Admission/Pre-Booking area?

<p>In the area of the floor marked with a red outlined box. (A)</p> Signup and view all the answers

Prior to removing handcuffs or clothing, what action must officers take?

<p>Use a metal detection wand to search the arrestee and their belongings. (C)</p> Signup and view all the answers

A female arrestee is brought to DCDC, but there are no female OPD officers available to conduct the search. What is the correct procedure?

<p>The arresting officer(s) shall contact an on-duty OPD Lieutenant or higher-ranked Command Officer who will then contact DCDC for a resolution. (C)</p> Signup and view all the answers

During an Inventory Search, an officer discovers a small bag containing an unknown white powder in the arrestee's sock. According to the content, which of the following statements is MOST accurate regarding the admissibility of this evidence?

<p>The evidence is admissible because any evidence found as a result of an Inventory Search may be admissible as evidence. (A)</p> Signup and view all the answers

Under what condition is it acceptable for someone other than authorized personnel to be present during a strip search?

<p>Under no circumstances unless authorized to conduct the search (B)</p> Signup and view all the answers

When is it required for officers to complete the “strip search” section of OPD Form 5?

<p>Before conducting a consensual strip search. (D)</p> Signup and view all the answers

What specific information is required in a Supplementary Report following a strip search?

<p>Identity of approving authority, nature/extent of the search, and any evidence found. (A)</p> Signup and view all the answers

What is the first course of action an officer should take if they believe a suspect is concealing contraband in a body cavity?

<p>Advise the suspect of Miranda rights and question them to determine the nature/location of contraband. (D)</p> Signup and view all the answers

Who is authorized to perform a body cavity search based on a warrant?

<p>Only an authorized agency physician or a medically trained employee at the physician’s direction (D)</p> Signup and view all the answers

In the context of searching a suspect with a non-traditional gender identity/expression, when can an officer question the gender identity provided by the suspect?

<p>When there are articulable, compelling reasons to do so. (C)</p> Signup and view all the answers

If a suspect refuses to sign OPD Form 5 for a strip search, what action should the officer(s) take?

<p>Not conduct a consensual strip search. (B)</p> Signup and view all the answers

What rank must an officer be to authorize the decision to seek a search warrant for a body cavity search?

<p>Lieutenant or above. (D)</p> Signup and view all the answers

Where should a body cavity search be conducted if the warrant is approved and authorized for a juvenile?

<p>At Methodist Children’s Hospital. (A)</p> Signup and view all the answers

In the context of strip searches, what is the primary criterion regarding the gender of the officers conducting the search?

<p>Officers must be of the same sex as the suspect. (D)</p> Signup and view all the answers

Before seeking a warrant for a body cavity search, what crucial step should an officer take, potentially influencing the suspect's cooperation?

<p>Advise the suspect of their Miranda rights and question them about the concealed contraband. (D)</p> Signup and view all the answers

What is the critical deciding factor when determining whether to conduct a body cavity search?

<p>The severity of the suspected offense and the threat posed to safety. (C)</p> Signup and view all the answers

A supplementary report is required after both strip searches and body cavity searches. What fundamental difference exists in the required justification between the two reports?

<p>Strip search reports require 'reasonable suspicion,' while body cavity search reports require 'probable cause'. (D)</p> Signup and view all the answers

An officer is uncertain of a suspect's sex for search purposes and cannot locate a valid government-issued ID or find the suspect in a government database. What is the appropriate next step, according to policy?

<p>The officer should politely and respectfully inquire as to the person's gender. (B)</p> Signup and view all the answers

In an extremely rare scenario, law enforcement has obtained a warrant to conduct a body cavity search on a protected juvenile suspect. Securing the evidence requires law enforcement of the same sex to be onsite. With the stipulation and understanding that there MAY NOT be a law enforcement officer available of the same sex as the juvenile, what additional step MUST occur to ensure the admissibility of the evidence in court?

<p>The search must be delayed until an officer of the same sex can arrive and secure the evidence and chain of custody. (B)</p> Signup and view all the answers

According to the provided guidelines, what is the primary factor in determining a suspect's gender for search purposes if they possess a valid government-issued ID?

<p>The sex listed on the suspect's valid government-issued ID. (D)</p> Signup and view all the answers

In cases where an officer cannot determine a suspect's gender from a valid government-issued ID or a government database, what action should the officer take?

<p>Politely and respectfully inquire as to the person’s gender. (B)</p> Signup and view all the answers

What is the protocol if a suspect requests that an officer of a different gender conduct the search, differing from their legally-documented sex?

<p>Request an officer of that gender to be present. (A)</p> Signup and view all the answers

According to the guidelines, under what condition is it acceptable for an officer to question the gender identity provided by a suspect?

<p>When the officer has articulable, compelling reasons. (A)</p> Signup and view all the answers

According to the policy, what length of pocket knives will DCDC (Detention Center) allow to be placed in the arrestee’s personal property?

<p>Pocket knives under three inches (3”) in length. (D)</p> Signup and view all the answers

What should an officer do if dispatched to DCDC to perform an inventory search for an outside agency?

<p>Contact their supervisor, who will then contact the outside agency representative. (D)</p> Signup and view all the answers

Under what circumstances, according to the provided text, is an individual arrested for a traffic violation subject to a strip search?

<p>When the arresting officer has Reasonable Suspicion that the individual is concealing contraband or weapons. (C)</p> Signup and view all the answers

According to the policy, who must approve all adult strip searches, including field strip searches?

<p>A command officer at the rank of Lieutenant or above. (A)</p> Signup and view all the answers

Under what specific condition are field strip searches of arrestees permitted?

<p>Only when exigent circumstances exist, and only in privacy. (D)</p> Signup and view all the answers

An officer conducts a strip search without completing any other report. What documentation is required?

<p>An Information Report detailing the reasons for the strip search. (C)</p> Signup and view all the answers

Which of the following is NOT explicitly mentioned as a factor upon which Reasonable Suspicion for a strip search can be based?

<p>Anonymous tips received about the arrestee. (A)</p> Signup and view all the answers

During an inventory search at DCDC, an arrestee has a sealed envelope labeled 'Legal Correspondence - Attorney/Client Privilege.' According to the guidelines and general legal principles, what action should the officer take?

<p>Place the sealed envelope in the property bag without opening it, noting its presence. (C)</p> Signup and view all the answers

An officer encounters a suspect who identifies as non-binary and presents a government-issued ID that lists their sex as 'female'. The suspect requests a male officer to conduct the search. There are no male officers immediately available. How should the officer proceed, according to the guidelines, prioritizing safety and respect?

<p>Contact a supervisor to explain the situation, emphasizing the suspect's gender identity and request for a male officer, while ensuring officer/public safety is not jeopardized by the delay. (B)</p> Signup and view all the answers

During a lawful arrest for suspected drug trafficking, officers discover several cellular phones and electronic devices in the arrestee's vehicle. Prior to obtaining a warrant, what specific actions, if any, are permissible regarding these devices, according to the provided policies and general Fourth Amendment principles?

<p>Officers can examine the exterior of the devices to note the make, model, and any identifying marks, but cannot access the data stored on the devices without a warrant. (C)</p> Signup and view all the answers

A suspect is arrested for a non-violent misdemeanor. During the inventory search, the officer discovers a small, locked diary. The suspect vehemently refuses to unlock it, stating it contains highly personal information unrelated to the crime. There is no articulable suspicion that the diary contains evidence, contraband, or poses a safety risk. According to the policy, and considering Fourth Amendment implications, what is the most appropriate course of action?

<p>The officer should seize the diary, place it in the arrestee's property bag without opening it, and document the situation, respecting the suspect's privacy rights absent reasonable suspicion or warrant. (B)</p> Signup and view all the answers

Flashcards

Purpose of Inventory Search

To inventory property, protect personnel, and prevent contraband from entering DCDC.

Evidence Admissibility

Evidence found during an Inventory Search may be admissible in court.

When to Conduct Inventory Search

Prior to entering the DCDC booking area.

Inventory Search Scope

A careful and complete search of the person and their property.

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Restraint Policy

Arrestees should remain handcuffed during booking, but can be briefly unrestrained to remove items like piercings or jewelry, before restraints reapplied.

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Pat-Down Requirement

A pat-down search conducted in the 'red box' is always required even if prior searches happened.

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Metal Detection Wand

Officers must use a metal detection wand to search the arrestee and their belongings.

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Gender Search Policy

Male officers search male suspects, and female officers search female suspects whenever possible.

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Strip Search Definition

A search where a person removes or arranges clothing to visually inspect areas, including undergarments, genitals, buttocks, or breasts.

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Reasonable Suspicion for Strip Search

Reasonable belief, based on facts, that evidence is concealed, justifying a strip search.

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Officer Numbers

Strip searches should be conducted by the fewest officers necessary

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Officer Sex

Strip searches should be conducted only by officers of the same sex as the suspect.

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Inventory Search

A thorough examination of an arrestee's person and belongings in a secure area.

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Strip Search Privacy

Privacy must be ensured during a strip search from all but authorized personnel.

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Consensual Strip Search Form

Use OPD Form 5 to get permission for search and show consent.

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Same-Gender Searches

Generally, searches should be performed by an officer of the same gender as the arrestee.

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Gender Identification

When an officer is uncertain of a suspect's gender, the officer should check a valid government-issued ID.

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Refusal to Sign OPD Form 5

Cannot proceed.

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Supplementary Report After Strip Search

A detailed account of the strip search, with date, time, place, people present, and items found.

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Inquiring Gender Respectfully

Respectfully inquire about the person's gender.

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Suspect Requests Different Gender Search

Request an officer of that gender to be present.

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Body Cavity Search Definition

A search into a person's anus or vagina, or any other body cavity.

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Body Cavity Search Requirements

Requires a warrant approved by a judge.

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Doubtful Search Scenario

Notify a supervisor and request that the supervisor respond to the scene prior to searching, unless a delay would jeopardize officer or public safety.

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Miranda Warnings Before Questioning

Miranda warnings

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Property Handling

All items are placed in property bags, labelled with name/DOB

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Who Performs Body Cavity Search?

A warrant to search a body cavity will be performed only by an authorized agency physician or by another medically trained employee at the physician’s direction.

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Handling Contraband

Drugs, weapons, and other contraband shall be taken from the arrestee, secured, and documented per OPD policies and procedures.

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Determining Sex for Search

ID should be used to verify sex before a strip search.

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Cell Phone Search

Cell phones will not be searched without a warrant.

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Outside Agency Searches

OPD officers shall not be dispatched to DCDC to perform Inventory Searches for outside agencies.

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No Valid Government ID

If no valid government ID, reference official government/law enforcement database to determine gender.

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Doubt About Who Should Search

Refer to a supervisor.

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Strip Search

Searches of arrestees that involve the removal or rearrangement of some or all of the person’s clothing to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia.

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Body Cavity Search

Insertions into the rectum or vagina.

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Reasonable Suspicion

Reasonable belief that contraband or weapons are concealed.

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Strip Search Limitations

Individuals arrested for traffic violations and other minor offenses of a nonviolent nature will not be subject to strip searches unless the arresting officer has Reasonable Suspicion that the individual is concealing contraband or weapons.

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Strip Search Approval

Lieutenant or higher command officer approval is needed.

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Study Notes

Inventory Search Purpose

  • To inventory and secure personal property, protect detention staff, and prevent contraband from entering the Douglas County Department of Corrections (DCDC).
  • Evidence found during an inventory search is admissible in court.

Inventory Search Procedures at DCDC

  • Conducted on all arrestees before they enter the DCDC booking area.
  • It is a standard booking procedure involving a thorough search of the person and their property.

Inventory Search Steps

  • Arrestees must remain handcuffed and restrained throughout the booking process.
  • Cooperative, non-combative arrestees may be unrestrained temporarily to remove piercings, hair clips, and jewelry, after which restraints are immediately reapplied.
  • Upon arrival at the DCDC, officers will place the arrestee in the "red box" area of the Admission/Pre-Booking area for an immediate pat-down search.
  • The pat-down search must be done on all arrestees.
  • The "red box" area is under constant surveillance by DCDC staff, recorded for observation.
  • Officers use a metal detection wand to search the arrestee and belongings before removing handcuffs or clothing
  • If a metal detection wand was not used prior to transport, it must be used upon arrival at DCDC.
  • Metal detection wands are available at DCDC (Pre-Booking area), in UPB sergeant cars, and at OPD Headquarters.

Gender Considerations During Searches

  • Whenever possible, male suspects are searched by male OPD officers, and female suspects by female OPD officers.
  • DCDC staff will not assist with the search
  • If needed, OPD officers should request additional OPD officers to assist at DCDC.
  • If staffing is an issue, the arresting officer contacts an on-duty OPD Lieutenant or higher-ranked Command Officer to contact DCDC for resolution.
  • Same-gender officers conduct a full inventory search in the "red box" area,
  • Cross-gender pat downs are only conducted in the "red box" area when necessary.

Non-Traditional Gender Identity/Expression Search Protocol

  • Determine the suspect's gender based on their valid government-issued ID.
  • If no ID is available, use official government/law enforcement databases.
  • If no database record is found, politely and respectfully inquire about the person’s gender.
  • Officers should not question the suspect’s gender identity or inquire about intimate anatomical details without compelling reasons.
  • If a suspect identifies as a different gender than their legally-documented sex or requests an officer of another sex for the search, an officer of that gender should be requested.
  • If there is doubt about who should perform the search, a supervisor should be notified, unless it would jeopardize safety.

Handling of Property

  • Shoes must be removed and searched.
  • All property is placed in DCDC property bags and itemized per DCDC policy, including cell phones, evidence, escape implements, etc.
  • Property bags are labeled with the arrestee’s name, date of birth, and other DCDC-required information.
  • DCDC may require a DCDC inventory form for bags or external containers.
  • Property bags are placed in the DCDC property pass-through bin below the booking window.
  • Pocket knives under 3 inches are allowed in the arrestee’s property; longer knives are booked as OPD evidence or released to a responsible person.
  • Drugs, weapons, and other contraband are secured and documented per OPD policies.
  • Cellular telephones will not be searched without a warrant.
  • Coats and outerwear must be removed
  • All bags, purses, etc., must be thoroughly searched.
  • Any items considered evidence of criminal activity are set aside and booked as evidence per OPD policy.

Outside Agency Searches

  • OPD officers will not be dispatched to DCDC to perform inventory searches for outside agencies.
  • If inadvertently dispatched, officers must contact their supervisor, who will then contact the outside agency representative for assistance from a DCDC supervisor.

Strip/Body Cavity Searches

  • Recognize that strip searches and body cavity searches may be necessary for safety, evidence collection, and facility security.
  • Such searches must be conducted with proper authorization, justification, and respect for human dignity.

Strip Searches

  • Individuals arrested for traffic violations and other minor, nonviolent offenses will not be strip-searched unless there is reasonable suspicion of concealed contraband or weapons.
  • Reasonable suspicion may be based on the nature of the offense, the arrestee’s appearance and demeanor, the circumstances of the arrest, criminal record, discovery of evidence, or detection of suspicious objects.
  • The reason for the strip search must be clearly articulated in the appropriate report, or an Information Report if no other report is completed.
  • All adult strip searches, including field strip searches, require approval from a command officer at the rank of Lieutenant or above
  • Narcotics Unit Sergeants may approve all strip searches.
  • Juvenile strip searches require approval from a command officer at the rank of Captain or above and are only approved in exigent circumstances.
  • Field strip searches of arrestees are only conducted when exigent circumstances exist and in privacy.
  • Strip searches must be conducted by officers familiar with the process in conformance with hygienic procedures and professional practices.
  • Conduct the search in a private place with restricted access, preferably at the DCDC or in an interview room.
  • Conduct the search by the fewest number of same-sex officers necessary.
  • Ensure privacy from all but those authorized to conduct the search.
  • If a suspect consents to a strip search, complete the “strip search” section of OPD Form 5 (Permission for Search) to document the consent prior to the search.
  • If the suspect refuses to sign OPD Form 5, do not conduct a consensual strip search.
  • After a strip search, the officer must submit a Supplementary Report articulating the Reasonable Suspicion including the date, time, and place of the search, identities of the officer, approving authority (Lieutenant or above), and individual searched. Also include who was present, a detailed description of the search, and any items found.

Body Cavity Searches

  • Body cavity searches can only be conducted with a warrant approved and authorized by a Judge.
  • Recognize that such searches are highly invasive and reasonable only for serious offenses or threats to safety.
  • If a strip search or other information leads an officer to believe a suspect is concealing items in a body cavity:
  • Advise the suspect of Miranda warnings before questioning them to determine the nature and location of the contraband.
  • Keep the suspect under constant visual surveillance until a body cavity search is conducted or an alternative action is taken.
  • Consult with an immediate supervisor to determine if probable cause exists to seek a search warrant, authorized by a command officer at the rank of Lieutenant or above.
  • If probable cause exists, prepare an affidavit for a search warrant that clearly defines the nature of the alleged offense and the basis for the officer’s probable cause.
  • The search will be performed only by an authorized agency physician or by another medically trained employee at the physician’s direction, based on a search warrant.
  • The medical professional conducting the search will provide a copy of the medical report to the requesting law enforcement agency, and the witnessing officer will co-sign the report and include a copy in the case file.
  • The search will be conducted at a medical facility with a same-sex officer present for safety, security, and chain of custody.
  • If a juvenile body cavity search warrant is approved, the search must be conducted by a medical professional at Methodist Children’s Hospital.
  • Body cavity searches must be performed with due recognition of privacy and hygienic concerns.
  • Following a body cavity search, the officer must submit a Supplementary Report articulating the Probable Cause.
  • Include the date, time, and place of the search, identities of the officer(s) directing the search, the approving authority (Lieutenant or above), and the individual searched. Also include who was present, a detailed description of the search, and any items found.

Non-Traditional Gender Identity/Expression for Strip or Body Cavity Searches

  • Determine the suspect’s gender based on their valid government-issued ID.
  • If no ID is available, use official government/law enforcement databases.
  • If no database record is available, politely and respectfully inquire about the person’s gender.
  • Officers should not question the suspect’s gender identity or inquire about intimate anatomical details without compelling reasons.
  • If a suspect identifies as a different gender than their legally-documented sex or requests an officer of another sex for the search, an officer of that gender should be requested.
  • If there is any doubt about who should perform the search, a supervisor should be notified, unless it would jeopardize safety.

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Description

This lesson outlines the inventory search purposes and procedures at the Douglas County Department of Corrections (DCDC). It details the steps involved in conducting thorough searches of arrestees and their property to secure personal belongings and prevent contraband from entering the facility. The process ensures evidence found is admissible in court.

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