Policy Text
Policy
902Fremont Police Department
Custodial Searches
902.1 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 Fremont
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.
902.1.1 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.
902.2 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.
902.3 SEARCHES AT POLICE FACILITIES
Custody searches shall be conducted on all individuals in custody, upon entry to the Fremont
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 2025/05/01, All Rights Reserved.
Published with permission by Fremont Police DepartmentCustodial Searches - 1
Fremont Police Department
Custodial Searches
902.3.1 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 Fremont Police
Department identification number.
902.3.2 VERIFICATION OF MONEY
All money shall be counted in front of the individual from whom it was received. The count should
be witnessed by another police officer or detention officer and captured on body-worn camera.
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.
If an individual is incapable of acknowledging or initialing due to extreme intoxication or influence,
becoming belligerent, or being a safety hazard, a second police officer or detention officer will
verify the money inventory and co-sign the sealed plastic bag or envelope. This should be captured
on body-worn camera.
902.4 STRIP SEARCHES
No individual in temporary custody at any Fremont 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.
Copyright Lexipol, LLC 2025/05/01, All Rights Reserved.
Published with permission by Fremont Police DepartmentCustodial Searches - 2
Fremont Police Department