Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
2 01/24/2011 04/01/20 20 04/01/20 21
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
____________________
902 - Custody Searches 1 POLICY 902 CUSTODY SEARCHES
902.1 PURPOSE AND SCOPE
The purpose of this policy is to establish consistent department procedures which conform to
Penal Code §4030 regarding pat -down, booking , and strip searches of pre -arraignment
detainees.
902.1.1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 1.2.4 , 1.2.8 , 70.1.1
This section pertains to the following Standard Operating Procedures: N/A
902.2 DEFINITION OF SEARCHES
Pat-Down Search - This is the normal type of sear ch used by officers in the field to check an
individual for weapons. It involves a thorough patting down of the outer clothing to locate any
weapons or dangerous items that could pose a danger to the officer, the prisoner, or other
prisoners.
Search Incid ent to Arrest - This search is used when a subject has been arrested and involves
a thorough search of an individual’s clothing. All pockets, cuffs, etc., on the clothing are checked
to locate all personal property, contraband, or weapons . The prisoner’s personal property is taken
and inventoried.
Strip Search - This is a search that requires a person to remove or rearrange some or all of
his/her clothing to permit a visual inspection of the underclothing, bre asts, buttocks or genitalia of
such person ( Penal Code § 4030( c)(3)). This includes monitoring of an arrestee changing clothes
where the arrestee’s underclothing, buttocks, genitalia or female breasts are visible to the
monitoring employee.
Physical Body Cavity Search - This is a search that includes physical intrusion into a body
cavity . Body cavity means the stomach or rectal cavity of a person, and the vagina of a female
person ( Penal Code §§ 4030( c)(2) and 4030( c)(1)).
Visual Body Cavity Search - Visual inspection of a body cavity.
902.3 PAT- DOWN SEARCHES
When any officer has a reasonable , articulable suspicion to believe that a person being lawfully
detained may possess weapons or other dangerous items, or in such circumstances the officer
reasonably believes that the individual may present a threat to officer safety, that officer may
conduct a pat-down search of that individual ’s outer clothing .
Prior to detaining any individual in any police vehicle, an officer should conduct a pat-down
search of that individual ’s outer clothing .
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
2 01/24/2011 04/01/20 20 04/01/20 21
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
____________________
902 - Custody Searches 2
Whenever practical, a pat -down search of an individual ’s outer clothing should be conducted by
an officer of the same gender as the person being searched. Absent the availability of a same
gender officer, it is recommended that a witness officer be present during any pat -down search of
an individual of opposite gender as the searching officer .
902.4 SEARCHES INCIDENT TO ARREST
Any person taken into custody will be subjected to a thorough search of their person in order to
discover and retrieve concealed weapons and contraband prior to being placed in a booking cell.
902.5 STRIP SEARCHES
An adult arrested and held in custody at the Tustin Police Department on a misdemeanor or
infraction o ffense, except those involving weapons, controlled substance, or violence, shall not be
subjected to a strip search or visual body cavity prior to placing in our temporary holding facility,
unless a police officer has determined there is reasonable suspici on, based on specific articulable
facts to believe that person is concealing a weapon or contraband and a strip search will result in
the discovery of the weapon or contraband (Penal Code 4030(e)). Factors to be considered in
determining reasonable suspici on include, but are not limited to:
a) The detection of an object during a pat -down search that may be a weapon or contraband
and cannot be safely retrieved without a modified strip search or strip search ;
b) Circumstances of a current arrest that specifically indicate the person may be concealing
a weapon or contraband. A felony arrest charge or being under the influence of a
controlled substance should not suffice as reasonable suspicion absent other facts ;
c) Custody history (past possession of contraband whil e in custody, assaults on staff,
escape attempts) ;
d) The person’s actions or demeanor ;
e) Criminal history (level of experience in a custody setting).
A minor detained prior to a detention hearing on the grounds that he or she is a person described
in Section 300, 601, or 602 of the Welfare and Institutions Code, except for those minors alleged
to have committed felonies or offenses involving weapons, controlled substances, or violence,
shall not be subjected to a strip search., unless a peace officer has determined there is
reasonable suspicion, based on specific and articulable facts, to believe that person is concealing
a weapon or contraband, and a strip sear ch