Policy PD99-2304: Strip and Body Cavity Searches

• The policy PD99-2304 aims to provide guidelines for officers for determining when strip and body cavity searches are legally permissible and how such searches should be conducted.

Purpose of Searches

• Strip and body cavity searches may be necessary to ensure the safety of police officers, civilians, and those in custody, as well as to find evidence of criminal activity.

Definitions

• Strip Search: Requires an individual to remove or rearrange some or all clothing to allow visual inspection of skin surfaces, including genital areas, breasts, and buttocks.
• Body Cavity Search: Involves not only visual inspection of skin surfaces but also internal physical examination of body cavities, and sometimes the stomach cavity.

Strip Search Procedures

• Strip searches are not allowed for individuals arrested for minor, nonviolent offenses like traffic violations, unless there is probable cause to believe they are hiding contraband or weapons.
• Probable cause requires more than just reasonable suspicion.
• Factors that help establish probable cause:
• The nature of the offense
• The arrestee’s appearance
• Circumstances surrounding the arrest
• The arrestee's criminal record
• Discovery of evidence in plain view
• Detection of suspicious objects

Handcuffing requirements

• Requirements for handcuffing individuals who have not been arrested but are under investigation:
• Reasonable suspicion that justifies the initial stop
• A need for protective action due to concern for the safety of officers, suspects, or citizens
• The subject must be informed of the reason for detention
• The officer must justify in writing the reason for handcuffing and explain why protective action was needed

Strip Search Parameters

• Strip searches should be conducted only in rare cases
• Under exigent circumstances where lives may be at risk.
• Searches require explicit approval from a supervising officer
• Must be done in private.
• Strip searches should not be routine and require probable cause.

Strip Search Authorization

• When probable cause exists, the arresting officer must provide documented request to their supervisor that clearly defines the basis for such action

Conduction of Strip Searches

• Once authorized by a supervisor:
• The individual must be under arrest and read their Miranda Rights.
• Inform the arrestee they will be searched without a lawyer present.
• The search must be conducted in complete privacy.
• Must be performed by an officer of the same sex.
• Approved hygienic procedures and professional practices must be followed.

Post-Strip Search Procedures

• The arresting officer must submit a written report to their supervisor authorizing the search, detailing:
• Date and time of the search
• Identity of the officer conducting the search
• Identity of the individual searched
• Identity of everyone present
• Detailed description of the search's nature and extent
• Description of any weapons, evidence, or contraband found

Voluntary Strip Searches

• Procedures for narcotics officers performing strip searches of confidential informants during pre-buy-post buy situations:
• Strip searches are not conducted until the confidential informant is formally registered with the Fort Wayne Police Department.
• Requires permission from a narcotics supervisor.
• The search must be conducted in complete privacy.
• Requires approval of hygienic procedures and professional practices.
• A “Confidential Informant Search Checklist” must be completed in each situation.

Body Cavity Searches

• Procedures to follow if a strip search or other information leads an officer to believe a suspect is concealing contraband within a body cavity:
• The arrestee must be visually monitored at all times.
• The arresting officer must consult with a supervisor to determine if there is probable cause
• The decision to seek a warrant acknowledges the invasive nature of such searches.
• Can only get warrant if the suspected offense is serious and poses a threat.
• If probable cause exists, an affidavit for a search warrant must be prepared, clearly defining the offense and the basis for probable cause.
• A body cavity search can only be performed by an agency-authorized physician or nurse under a physician's direction, and with a search warrant.
• The search must be conducted with an officer of the same sex present.
• This officer takes charge of any recovered items.
• Body cavity searches must respect privacy and hygiene.
• The authorized person file a report.
• The witnessing officer must co-sign the report, which should comply with all previously specified information requirements.

Voluntary Body Cavity Searches

• Conditions for voluntary body cavity searches of confidential informants in pre-by-post-buy situations mirror those for voluntary strip searches.
• A body cavity search is necessary to prevent allegations that the informant carried drugs into the pre-"buy".
• During the post-"buy," it ensures all drugs or contraband have been taken from the informant.
• All voluntary body cavity searches require approval from a narcotics supervisor.
• The “Confidential Informant Search Checklist” must be completed in every body cavity search.