Police Department Policy

Policy 901 Custodial Searches.pdf

Delano PD

Policy Text
Policy Delano Police Department 901 Delano PD Policy Manual Custodial 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 Delano 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. 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 his/her property, shoes and clothing, including pockets, cuffs and folds on the clothing, to remove all weapons, dangerous items and contraband. 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 FIELD AND TRANSPORTATION SEARCHES An officer should conduct a custody search of an individual immediately after his/her arrest, when receiving an individual from the custody of another, and before transporting a person who is in custody in any department vehicle. Whenever practicable, a custody search should be conducted by an officer of the same sex as the person being searched. If an officer of the same sex is not reasonably available, a witnessing officer should be present during the search. 901.4 SEARCHES AT POLICE FACILITIES Custody searches shall be conducted on all individuals in custody, upon entry to the Delano 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. Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Custodial Searches - 1 Published with permission by Delano Police Department

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