Offender and Institution Searches

• This is a lesson plan from the Lander County Sheriff’s Office Detention Division Training Academy
• The lesson plan focuses on how to search offenders and institutions
• The course is 2 hours in length
• The target audience is Lander County Sheriff’s Office Detention Division Deputy Trainees
• The instructor is Lander County Sheriff’s Office Training Staff
• The method of instruction is lecture, with handouts and PowerPoints as instructional aids
• The revision date is August 18, 2020

Instructional Goal and Student Performance Objectives

• The instructional goal is to familiarize students with the types and reasons for searches involving offenders and correctional institutions
• Upon completion, the student will be able to explain the following regarding searches:
  • When it is permissible to search an inmate
  • When it is permissible to conduct an unclothed body search of an inmate, includes purpose and authority
  • Steps for conducting a clothed body search including reasons for, areas of the body, and apparel
• Students will be able to define "contraband"
• Students will be able to describe common methods used for searching a cell
• Students will be able to identify the reasons for conducting a facility or area search

When Searches are Permissible

• It is necessary to search inmates for the safety of officers, staff, and other inmates
• Inmate searches are divided into two types: clothed and unclothed

When Unclothed Searches are Permissible

• Upon initial admission or re-admission into a secure unit
• After any contact visit
• If reasonable suspicion exists that an inmate may have contraband

When Clothed Searches are Permissible

• When an inmate moves from one area of the institution to another
• When an inmate leaves a work assignment
• When an inmate returns to a supervisor after being in a non-supervised area

Unclothed Body Searches

• Unclothed searches require the removal of clothing for visual inspection of private areas
• The purpose is to visually inspect bare skin, including breasts, buttocks, genital areas, mouth, ears, and armpits

Examples of When Unclothed Searches May be Conducted

• When inmates are moved to any secured housing unit in order to prevent contraband from entering

Rules about Unclothed Body Searches

• Any unclothed search that does not fall into the listed categories requires reasonable suspicion justification
• Unclothed searches will be conducted in a private place, by a trained staff member of the same sex
• If there is probable cause that an inmate is hiding contraband or evidence inside their body, a body cavity search may be requested, requires court order and will be done in a medical setting

Types of Clothed Body Searches

• Frisk Search ("Pat Down"):
  • A cursory search that includes touching the person, systematically checking for weapons and contraband
  • Generally done during intake or when returning from movement, or for any articulable reason, at any time
• Inventory Search:
  • Removes personal property to ensure contraband or evidence does not enter the facility
  • Performed in intake/booking, or prior to an inmate coming back into the facility

Opposite Sex Searches:

• These should occur only when female staff members are not available and a female inmate poses an immediate threat to safety
• Male officers should use the back or edge of the hands to search the female breast and genital area
• These pat down searches will be brought to the attention of the immediate supervisor and may need to be documented per policy

Additional Rules about Clothed Body Searches

• Clothing should be closely checked for hidden contraband or safety items
• Layered clothing during intake/booking may pose a risk to staff/inmates/facility

Contraband Defined

• Illegal or prohibited items by law, or any item that may pose a risk, are considered contraband

Searching Cells or Housing Areas

• Must be done to ensure there is no undo risk to inmates/staff/facility

Cell Search Practices

• Never run your hands or fingers blindly over areas you cannot see due to sharp edges
• Possible tools include a flashlight and mirror
• Search should be systematic and thorough, but not intended to recklessly destroy property
• Door: Check door jam, hinges, screws, lock plate, use a mirror and flashlight to check the groove on top
• Sink: Ensure it is secure to the wall and drainpipe is intact, look underneath
• Mirror: Check for breakage and edges
• Toilet: Use a mirror to check under the rim, look for strings tied to the seat, flush
• Air Vents: Check for debris and contraband
• Desk/table: Check under and inside, and that all commissary items are still sealed
• Light Fixtures: Check for items stuck to the top or sides, check bolts
• Bunks: Check linen, knots, tears on mattress, bolts, and for cracks
• Windows: Check for cracks or chips, center bar, and caulking
• Walls: Check for cracks and dig marks

Facility Search Rules

• These searches can be performed to detect contraband and potential security issues
• Inmates and areas can be searched at any time without probable cause, consent, or a warrant

Hudson v. Palmer

• The Supreme Court held that the Fourth Amendment does not protect inmates from searches of their personal property by correctional officers, prisoners have no expectation of privacy in their jail/prison cells that must be protected by the Fourth Amendment
• Although some circuits recognize a "limited privacy right," the decision effectively eliminates inmates' ability to invoke the Fourth Amendment to protect their property from search or seizure by state employees