10 MPD Lexipol Policy_Chapter 9 Custody

Milpitas Police Department Milpitas PD CA Policy Manual Copyright Lexipol, LLC 2020/11/24, All Rights Reserved. Published with permission by Milpitas Police DepartmentCustody - 519Chapter 9 - Custody Policy 902Milpitas Police Department Milpitas PD CA Policy Manual Copyright Lexipol, LLC 2020/11/24, All Rights Reserved. Published with permission by Milpitas Police DepartmentCustodial Searches - 520Custodial 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 MilpitasPolice Department facility. Such items can pose a serious risk to the safety and security ofdepartment 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. 902.1.1 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, dangerousitems 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 or rectal cavity of anindividual, and the vagina of a female person. Strip search - A search that requires an individual to remove or rearrange some or all of his/her clothing to permit a visual inspection of the underclothing, breasts, buttocks, anus orouter genitalia. This includes monitoring an individual who is changing clothes, where his/herunderclothing, 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 toany search. Searches shall not be used for intimidation, harassment, punishment or retaliation. 902.3 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 incustody 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 witnessingofficer should be present during the search. Milpitas Police Department Milpitas PD CA Policy Manual Custodial Searches Copyright Lexipol, LLC 2020/11/24, All Rights Reserved. Published with permission by Milpitas Police DepartmentCustodial Searches - 521902.4 SEARCHES AT POLICE FACILITIES Custody searches shall be conducted on all individuals in custody, upon entry to the Milpitas Police Department facilities. If the member conducting the search is not the same sex, then if available,a witnessing member should 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 thesafety and security of the facility. 902.4.1 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 untilthe 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 forsafekeeping 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 theindividual's signature cannot be obtained, the inventory shall be witnessed by another departmentmember. The inventory should include the case number, date, time, member's Milpitas PoliceDepartment identification number and information regarding how and when the property may bereleased. 902.4.2 VERIFICATION OF MONEY All money shall be counted in front of the individual from whom it was received unless it is unsafe or unreasonable. 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 checksor other instruments and foreign currency should also be sealed in an envelope with the amountindicated but not added to the cash total. All envelopes should clearly indicate the contents on thefront. The department member sealing it should place his/her initials across the sealed flap. Shouldany money be withdrawn or added, the member making such change shall enter the amount belowthe original entry and initial it. The amount of money in the envelope should always be totaled andwritten on the outside of the envelope. 902.5 BODY SCANNER SEARCH If a body scanner is available, a body scan search should be performed on all inmates/arrestees upon entering the secure booking area of the facility. Members (Penal Code § 4030): (a) Within sight of the visual display of a body scanner that is depicting the body during a scan shall be of the same sex as the person being scanned, except for physiciansor licensed medical personnel. (b) Should ask female inmates if they are pregnant prior to a body scan and should not knowingly use a body scanner on a woman who is pregnant. Milpitas Police Department Milpitas PD CA Policy Manual