Police Department Policy

901Custodial_Searches_7232025

San Luis Obispo County Sheriff

Policy Text
Policy 901San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2025/07/22, All Rights Reserved. Published with permission by San Luis Obispo 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 San Luis Obispo 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. Officers are prohibited from conducting body cavity searches or strip searches. Should there be a valid reason to consider such searches, this information will be communicated to the Custody Deputies at the Jail or the Investigations Supervisor at the San Luis Obispo Police Department for further evaluation and action. 901.3 SEARCHES AT POLICE FACILITIES Custody searches shall be conducted on all individuals in custody, upon entry to the San Luis Obispo Police Department facilities. Except in exigent circumstances, the search should be San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Custodial Searches Copyright Lexipol, LLC 2025/07/22, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentCustodial Searches - 2conducted 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. 901.3.1 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. 901.3.2 VERIFICATION OF MONEY For procedures on cash handling and booking, refer to Property and Evidence Policy subsection 801.2.4 901.4 TRAINING The Training Manager shall ensure members have training that includes (28 CFR 115.115): (a)Conducting searches of cross-gender individuals. (b)Conducting searches of transgender and intersex individuals. (c)Conducting searches in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs. 901.5 GENDER IDENTITY OR EXPRESSION CONSIDERATIONS If an individual who is subject to a strip search or physical body cavity search has a gender identity or expression that differs from their sex assigned at birth, the search should be conducted by members of the same gender identity or expression as the individual, unless the individual requests otherwise. 901.6 JUVENILES No juvenile should be subjected to a strip search or a physical body cavity search at the Department. The Chief of Police or the authorized designee should establish procedures for the following: (a)Safely transporting a juvenile who is suspected of concealing a weapon or contraband, or who may be experiencing a medical issue related to such concealment, to a medical facility or juvenile detention facility as appropriate in the given circumstances. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Custodial Searches Copyright Lexipol, LLC 2025/07/22, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentCustodial Searches - 31.Procedures should include keeping a juvenile suspected of concealing a weapon under constant and direct supervision until custody is transferred to the receiving facility. (b)Providing officers with information identifying appropriate medical and juvenile detention facilities to which a juvenile should be transported for a strip or body cavity search. Nothing in this

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