516-searches

Copyright Lexipol, LLC 2025/08/ 21, All Rights Reserved. Published with permission by Santa Clara County Office of the Sheriff Searches - 1 Santa Clara County Office of the Sheriff Custody Manual Searches 516.1 PURPOSE AND SCOPE The purpose of this policy is to establish and maintain lawful guidelines for conducting and documenting searches of arrestees, incarcerated persons, their property, and physical locations within the Santa Clara County Office of the Sheriff jails. This policy provides clear direction for conducting searches that balance the safety and security of the jails with the protection of the constitutional rights of arrestees and incarcerated persons (15 CCR 1029(a)(6)). Nothing in this policy is intended to prohibit the otherwise lawful collection of trace evidence from an individual. 516.1.1 DEFINITIONS Definitions related to this policy include: Contraband - Any item possessed by an arrestee or incarcerated person, or found within the jails, that is unlawful or prohibited by jail rules and regulations. This includes, but is not limited to, weapons, escape devices, drugs, drug paraphernalia, and authorized items that, when possessed in excessive quantities or altered for unintended use, pose a threat to the safety and security of the jails. Individualized reasonable suspicion - A belief, based on specific and articulable facts or circumstances, that would lead a reasonable sworn staff member to suspect that a particular arrestee or incarcerated person is concealing contraband, and that a search of their person is likely to result in its discovery. Individualized reasonable suspicion requires more than a mere hunch or unsubstantiated guess, but less than the evidentiary standard required for probable cause. Physical body cavity search - A search involving the physical intrusion into a body cavity for the purpose of discovering any object concealed therein. "Body cavity" refers to the stomach, rectum, or vagina. Security Search - A search of physical locations, equipment, items, or individuals conducted to ensure safety and security; prevent and detect the introduction, possession, fabrication, or conveyance of contraband; maintain sanitary conditions; eliminate fire and safety hazards; and prevent escapes or other unauthorized activities. 516.2 POLICY It is the policy of the Sheriff's Office to ensure the safety of staff, visitors, and incarcerated persons by conducting effective and appropriate searches of arrestees, incarcerated persons, their property, and physical locations within the jails, in accordance with applicable laws. These searches are intended to prevent and detect the introduction, possession, fabrication, and conveyance of contraband. Custody Bureau staff shall remain vigilant for the possible presence of contraband and shall take immedi ate action to seize and properly handle any contraband when found. Policy 516 Docusign Envelope ID: 30B60393-2696-454A-ABB5-52638AB61A77 Santa Clara County Office of the Sheriff Custody Manual Searches Copyright Lexipol, LLC 2025/08/ 21, All Rights Reserved. Published with permission by Santa Clara County Office of the Sheriff Searches - 2 Al l contraband discovered during any search shall be processed in accordance with the Processing Contraband, Evidence, and Found Property Policy. Searches shall not be conducted for the purposes of intimidation, harassment, punishment, or retaliation. 516.3 METAL DETECTOR SEARCHES Metal detector searches shall be conducted using walk -through or handheld devices to detect concealed metal weapons or contraband items in an unobtrusive manner. Arrestees and incarcerated persons shall be subject to metal detector searches under the following circumstances: (a) Prior to entering the secure perimeter of the jails (e.g., Intake/Booking area at the Mai n J ail Facility or Processing at the Elmwood Men's Facility). (b) At any time sworn staff deem it necessary, without specific cause, for safety and s ecurity purposes. Walk -through metal detectors shall be operational and supervised 24 hours a day at the following locations: • Elmwood Men's West Gate • Main Jail North Information Desk • Main Jail Intake/Booking Sallyport entrances Handheld metal detectors shall be maintained in working condition and readily available at designated locations throughout the jails. They may be used in place of walk -through metal detectors when necessary, including during equipment malfunctions or when the use of a handheld device is more appropriate. 516.4 PAT-DOWN SEARCHES Pat-down searches shall be conducted by thoroughly patting down the clothed body of an arrestee or incarcerated person to detect contraband that may pose a threat to staff, the individual being searched, or others. This search may include the examination of pockets, shoes, and the removal and search of heavy outer clothing (e.g., coats, jackets, or multi -layered garments). Arrestees and incarcerated persons shall be subject to pat-down searches under the following circumstances: (a) Prior to entering or exiting the secure perimeter of the jails. 1. All new arrestees, commitments, and self-surrenders shall be subject to a pat- down search in accordance with the Intake and Booking Policy. (b) Prior to leaving a housing unit to participate in activities elsewhere in the jails ( e.g., c ourt, medical appointments, interviews, visits,