Custodial_Searches

Policy 901CSU Police Department Policy Manual Copyright Lexipol, LLC 2025/05/05, All Rights Reserved. Published with permission by CSU Police DepartmentCustodial Searches - 1Custodial Searches 901.1 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 CSU 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. Guidance for custody searches when transporting a person in custody may be found in the Transporting Persons in Custody Policy. Nothing in this policy is intended to prohibit the otherwise lawful collection of evidence from an individual in custody. 901.1.1 DEFINITIONS Definitions related to this policy include: Custody search - An in-custody search of an individual and of the individual's property, shoes, and clothing, including pockets, cuffs, and folds on the clothing, to remove all weapons, dangerous items, and contraband. Physical body cavity search - A search that includes a visual inspection and may include a physical intrusion into a body cavity. Body cavity means the stomach, rectal cavity, or vagina of an individual. Strip search - A search that requires an individual to remove or rearrange some or all of the individual's clothing to permit a visual inspection of the underclothing, breasts, buttocks, anus, or outer genitalia. This includes monitoring an individual who is changing clothes, where the individual's underclothing, buttocks, genitalia, or female breasts are visible. 901.2 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. 901.3 SEARCHES AT POLICE FACILITIES Custody searches shall be conducted on all individuals in custody, upon entry to the CSU 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 must 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. CSU Police Department Policy Manual Custodial Searches Copyright Lexipol, LLC 2025/05/05, All Rights Reserved. Published with permission by CSU Police DepartmentCustodial Searches - 2901.3.1 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 Property and Evidence Policy. All property shall be inventoried by objective description (this does not include an estimated value). The individual from whom it was taken shall be required to sign the completed inventory. If the individual's signature cannot be obtained, the inventory shall be witnessed by another department member. The inventory should include the case number, date, time, member's CSU Police Department identification number and information regarding how and when the property may be released. 901.3.2 VERIFICATION OF MONEY All money shall be counted in front of the individual from whom it was received. When possible, the individual shall initial the dollar amount on the inventory. Additionally, all money should be placed in a separate envelope and sealed. Negotiable checks or other instruments and foreign currency should also be sealed in an envelope with the amount indicated but not added to the cash total. All envelopes should clearly indicate the contents on the front. The department member sealing it should place the member's initials across the sealed flap. Should any money be withdrawn or added, the member making such change shall enter the amount below the original entry and initial it. The amount of money in the envelope should always be totaled and written on the outside of the envelope. 901.4 STRIP SEARCHES No individual in temporary custody at any CSU Police Department facility shall be subjected to a 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. 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 strip search. (b)Circumstances of a current arrest that specifically indicate the individual may be concealing a weapon or contraband. 1.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. CSU Police Department Policy Manual Custodial Searches Copyright Lexipol, LLC 2025/05/05, All Rights Reserved. Published with permission by CSU Police DepartmentCust