Policy Text
POLICY
187.0SEARCHES OF ARRESTED PERSONS
REVISED: 11 /2011
REVISED: 5/2019RELATED POLICIES:
REVIEWED AND REVISED BY CHIEF
DAVID MAGNUSSON 5/2019
A.POLICY
It is the policy of the El Portal Police Department that all persons arrested be searched in
accordance with applicable state and federal laws. Arrested persons shall be completely
and thoroughly searched prior to being transported and at anytime custody of an arrested
person is transferred to another officer, vehicle or facility.
B.PURPOSE OF SEARCH
When a lawful arrest is affected, police officers will search the arrested person and the
area within the person's immediate control for the purpose of:
1.protecting the officer from attack;
2.preventing the person from escaping;
3.discovering the fruits of a crime;
4.preventing the destruction of evidence; or
5.ascertaining if the arrested person is wearing a medic-alert bracelet or necklace, if
the arrested person appears to be inebriated, intoxicated or not in control of his or
her physical functions. (§ 901.215, Fla. Stat.)
C.SEARCHES OF ARRESTED PERSONS
1.Officers shall be responsible for conducting a search of every arrested person in
their custody.
2.Any search of an arrested person shall be conducted by an officer who is of the
same gender as the arrested person.
D.STRIP SEARCHES AND BODY-CAVITY SEARCHES (§901.211, Fla. Stat.)
1.All strip searches and body-cavity searches shall be fully documented in an
offense or supplemental report. The report must contain the name and I.D.
number of the person performing the search and all observers present, the date
and time the search was performed and the results of the search.
2.Strip Searches
a.Definition: Strip search means having an arrested person remove or
arrange some or all of his or her clothing so as to permit a visual or
manual inspection of the genitals; buttock; anus; breast (in the case of a
female) or undergarments of such person.
b.Strip-searches shall not be conducted routinely as a matter of policy.
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c.No person arrested for a traffic, regulatory, or misdemeanor offense,
except in cases which involve violence, controlled substances, weapons or
firearms shall be strip searched unless:
(1).There is probable cause to believe that the individual is concealing
a weapon or firearm, a controlled substance or stolen property; or
(2).A judge at first appearance has found that the person arrested
cannot be released either on recognizance or bond and therefore
shall be incarcerated.
d.Each strip search shall be preformed by a person of the same gender as the
arrested person and only within the confines of a facility where the search
cannot be observed by persons not physically conducting or authorized to
observe the search. Strip searches may only be performed in a jail or if
appropriate at a medical facility where the arrested person has been
transported.
e.All strip searches shall be observed by a minimum of two authorized
observers. Any observer shall be of the same gender as the arrested
person.
f.No officer shall request a strip search without written authorization of a
Supervisor or above. The written authorization must document the reason
and justification for the search.
g.A "strip-search" may only be conducted with the prior written approval of
the lieutenant or senior ranking road patrol supervisor. Supervisors who
authorize a strip search must document in writing the justification for the
search.
3.Body-Cavity Searches
a. Body-cavity searches shall not be conducted routinely as a matter of
policy. By police personnel
b. Any body-cavity search must be performed under sanitary conditions.
c.Body-cavity searches shall be conducted in accordance with the following
procedures:
(1).Body-cavity searches shall be conducted ONLY with the prior
written approval of the Supervisor. Approval for such a search
must be based upon a reasonable belief by the arresting or
custodial officer that the individual arrested has secreted evidence
and/or contraband within a body cavity .
(2).A body-cavity search shall NOT be performed by ANY member of
the Police Department.
(3).Should an actual body-cavity search become necessary, such
search shall be conducted ONLY by appropriate medical
personnel. If a body-cavity search is necessary the arrested person
will be transported to a Medical Center where the search will be
conducted by qualified medical personnel.
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E.SEIZURE OF PROPERTY
A police officer making a search incident to a lawful arrest, may seize all contraband,
instruments, articles, or items discovered on the person arrested or within the person's
control, for which the seizure is reasonably necessary for the purpose of:
1.protecting the officer from attack;
2.preventing the escape of the arrested person;
3.assuring lawful custody of the fruits of a crime or of the articles used in the
commission of a crime.
4.forfeiture prosecution under the