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Strip & Body Cavity Search

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Source file: 3.06 Strip & Body Cavity Search.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.

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Policy & Procedures                 No. 3.06
                                  Subject:
                   Strip and Body Cavity Searches
                                  Issuing Authority:                                       Effective Date:   Review Date:
                     Chief of Police                    10/28/2013  11/30/2023
                                                                                 References:

 Review
 Revision   01/03/2014
 Reissued   2/23/2016
 Dates:     11/11/1019
            10/30/2020

CALEA STANDARDS 41.4.2

               GENERAL CONSIDERATIONS AND GUIDELINES

This policy is issued to establish guidelines, regulations and procedures outlining when and how
Strip Searches and Body Cavity Searches may be performed. It shall be a guide when searching
detainees and shall be an addendum to the Transportation of Detainees policy.

The purpose of this policy is to clarify Department policy relative to custodial “strip searches”
and/or “body cavity searches authorized by a warrant.”

During the course of any custodial search, police officers may uncover evidence, contraband or
other items that may be used to harm the arrested person or someone who comes in contact with
the arrested person. When an officer has probable cause that an arrestee has such contraband
and/or weapon(s) in his or her possession and when a “custodial search” is inconclusive and/or is
an unpractical method of searching for such contraband and/or weapon(s), it may be necessary
for officers to conduct a “strip search”. This policy will provide strict guidelines for conducting a
“strip search.”  41.4.2 (4)

This policy also clarifies the Department’s policy governing “Body Cavity Searches.” When an
officer has a high degree of probable cause to believe that an arrestee has secreted contraband
and/or weapon(s) in any body cavity, that officer must seek a warrant pursuant to G.L. c. 276 to
authorize a qualified medical professional to perform a “body cavity search” This requirement
must be strictly adhered to even if an object is observed partially protruding from the body
cavity. (Note: The exigent circumstances exception to the warrant requirement will apply if a
suspect attempts to swallow contraband in the presence of the officer). 41.4.2 (9 A,B,C)

This Rule requires the Shift Supervisor to determine whether a Strip Search should be conducted
during the booking process, and to determine whether a warrant for a body cavity search should
be sought at any time during the period the suspect is in custody.

      Canton Police Department’s Strip & Body Cavity Searches Policy            Page 1

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I.    DEFINITIONS
      A.     Strip Search: The removal or re-arrangement of some or all of the arrested
              person’s clothing so as to permit a visual inspection of the breasts, buttocks, anus,
              or genitalia. This generally refers to an inspection of a naked individual, without
            any scrutiny of his body cavities. This does not include any touching or prodding
              of body parts.
       B.    Body Cavity Search: A search conducted pursuant to a warrant that includes any
              search involving visual inspection of skin surfaces.  It also authorizes a physician
               to conduct an internal manual/visual inspection of any human body cavity
              including the anal and genital areas.

II.   ROLE OF SHIFT SUPERVISOR
      A.       It shall be the responsibility of the SHIFT SUPERVISOR to make the
              determination whether or not a Strip Search should be conducted during the
              course of the booking procedure of a detainee.
       B.       It shall also be the responsibility of the Shift Supervisor to make the
              determination whether to seek a warrant for a Body Cavity Search.
       C.    The Shift Supervisor will ensure that every provision of this rule is complied with
               in those cases where a Strip Search is to be performed.

III.   UTILIZATIOIN OF STRIP SEARCH
      A.     Strip searches MAY NOT be conducted as a routine part of the booking
              procedure.
       B.   A strip search may ONLY be conducted if the SHIFT SUPERVISOR finds that
               the suspect is in custody, and the officer has PROBABLE CAUSE to believe that
               the suspect has CONTRABAND AND/OR WEAPONS. After such a finding is
            made, the Shift Supervisor shall ensure that the following procedures are
              followed: 41.4.2 (5A, 9)
                1.    The search will be performed by 2 officers (or an officer and matron) who
                      are the SAME GENDER to include identity/expressions as the detainee,
                   and will be conducted in an area that affords COMPLETE PRIVACY, (i.e.
                   an unused cell, bathroom, or other booking room). Special consideration
                    should be offered if the individual to be searched is a juvenile. Officers
                    should state the date and time on tape and the fact that a strip search will
                   be conducted, leave the tape running, leave the booking room and conduct
                      the search. Upon completion, return to the booking room. 41.4.2 (5C)

                2.    The custodial strip search shall be recorded on the incident report 41.4.2
                   (5G) including the facts supporting the probable cause, the name of the
                        officers performing the search, and the location where the search is
                     conducted.

      Canton Police Department’s Strip & Body Cavity Searches Policy            Page 2

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3.    The evidence or property discovered shall be seized, recorded and secured
                       in the normal manner, and recorded on the incident report as well as on the
                   booking sheet.

                4.     Arrestees may be requested to manipulate their own body parts. Police
                        officers may not touch or prod any body part. In the event that the “strip
                     search” is not accomplished, due to a lack of cooperation on the part of the
                       arrested person, the Shift Supervisor shall determine whether or not the
                       arrested person is placed in a cell and continuously monitored.

                5.     Police officers are prohibited from conducting a strip search outside the
                     confines of the police station, unless such search is authorized by a
                      warrant. In no event shall force be applied to accomplish a ‘strip search,”
                      unless authorized by a warrant. If a “strip search” in the field is authorized
                  by a warrant, all responsibilities listed for the Shift Supervisor in this
                      section shall be transferred to the superior officer in charge of the search.

IV.   UTILIZATION OF BODY CAVITY SEARCH  41.4.2
      A.    Body Cavity Searches may only be conducted when authorized by a warrant. It
                shall be the responsibility of the Shift Supervisor to make the determination
             whether a warrant should be sought authorizing a body cavity search.
       B.     Precautions should be taken by police officers when handling evidence recovered
               in this fashion, such as wearing protective gloves and glasses.
       C.    Body Cavity Searches will be done strictly adhering to the following procedure:
                1.     Under no condition shall a “body cavity search” be conducted by a police
                         officer.

                2.       If an officer has probable cause that evidence, contraband or any other
                    item that may jeopardize the health and safety of the arrested person
                     and/or those who come into contact with the arrested person may be
                      secreted in a body cavity of the arrested person, a search warrant shall be
                      sought. This applies even when an item may be viewed partially
                     protruding from the body cavity. If the arrested person personally extracts
                   any items from their own body cavity, no such warrant will be necessary

                3.     The Shift Supervisor, or his designee, shall make application for the
                     warrant in accordance with Massachusetts General Law. The Officer in
                   Charge of Operations or his designee shall be notified prior to the
                      application being sought.

                4.    Only a judge may issue such a warrant.

                5.    Only a qualified medical professional, pursuant to a warrant, may conduct
                   an infusion of a body cavity, or extract any items from the body cavity.

      Canton Police Department’s Strip & Body Cavity Searches Policy            Page 3

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After the warrant is issued, the arrested person shall be transported to a
                 medical facility so that a qualified medical professional may extract any
                 items from the body cavity. The Shift Supervisor shall ensure that the
                   arrested person is constantly monitored during this trip to the medical
                     facility until such time that the “body cavity search” is completed.

            6.    The body cavity search shall be recorded on the incident report, including
                  the name of the physician conducting the search, the name of the officer
                  seizing the evidence or property, the name of the authorizing Shift
                  Supervisor, and the facts contributing to the probable cause. 41.4.2
              The arrested person shall then be transported back to the station where the
                 evidence or property discovered shall be seized, recorded and secured in
                  the normal manner, and recorded on the incident report as well as on the
                booking sheet.

Note: Although not considered a ‘body cavity search,” in the event that an arrested person
creates an exigent circumstance by endangering their own health by swallowing an item, the
arrested person shall be immediately transported to a medical facility for treatment as
determined solely by medical personnel. The Shift Supervisor shall ensure that the arrested
person is constantly monitored during this trip to the medical facility until such time that the
treatment is completed. Any evidence or property recovered by medical personnel pursuant
to a warrant and/or turned over to the Department shall be seized, recorded and secured in the
normal manner, and recorded on the incident report, as well as on the booking sheet. A
search warrant is not necessary in those cases where medical personnel perform an operation
necessitated by good medical practice, for medical reasons only and only incidentally results
in the recovery of evidence for police use.

   Canton Police Department’s Strip & Body Cavity Searches Policy            Page 4