S340c Personal Search Policy Flashcards
Immediate patdown
For weapons only
Does not require sup approval
Why personal search guideline?
Fairness: no one unjustly selected
Accountability: require articulable facts and sup approval
Consistency: establish service wide standards
Substantiation: support reason for search in court
Obtain sup approval for these searches
Patdown search
Partial body search
Medical examination
Be alert for medical emergencies
Constant contact with sup, especially durinng uncommon search etc juvy
PSH is divided into how many chapters
10
Immediate patdown key points
Search for weapons
Not a search for merchandise
No sup approval
May be performed in public
May be performed on any gender
What is needed for a patdown search
One articulable fact and sup approval
What factors may not be used for levels of suspicion
Gender Race Color Religion Ethnic background
Articulable facts are
Specific
Objective
Behavior based
Information based
If you suspect person is concealing contraband or material evidence
Obtain approval for personal search
Start with least intrusive( patdown)
Obtain sup approval to elevate examination
Document in TECS
What you need to do before a search
-Complete TECS checks
-Obtain sup approval
-Issue and explain “securing america borders brochure”
-offer body scan if available
-escort to secure private area
Ensure they dont drop anything
Stay alert and focused
Preparing for a search
- Officer safety first
- Complete TECS
- Organize articulable facts for sup approval
- know procedures that apply to juvy
Search types that need sup approval
Patdown search
Partial body
Medical exam( port director approval) Transport to medical facility( prior consultation with counsel)
Explaining the search process
Maintain professionalism as you prepare search
Provide the brochure
Explain search process in general terms
Escorting to a search area
Use search room or private area
Make sure traveler does
Not drop anything
Take all valuables into search area
2 officers
Stay alert and focused
What you need to do during a search
Safety
- Communicate
- Keep valuables with traveler
- Follow requirements for each progressive stage
2 hour notification period
Starts when you request approval to conduct a patdown from sup
Traveler is given opportunity to have cbp contact someone of the delay
8 hours
If no PC port director must approve further detention
After every 8 hours port director will decide if detention can keep going
24 hours
Director of field operations must be notified
Mist a search be done by the same gender and witnessed by same gender
Yes
If no one available at port, what can you do
Call a local agency to perform search for you
Or another traveler to witness for you
Must a personal search be a progressive process
Yes or no
Yes
Less intrusive to more inteusive
Def of patdown
A patdown is a LEO tool used to search for merchandise including contraband hidden on a persons body
Scope of patdown
- Hand over persons clothed body
- Removing shoes
- Lifting pantleg or hem of a skirt a few inches
- Removing belt
- Rolling up shirt sleeve
- Reaching into pockets
- Removing wig or hairpiece
4 types of searches in order of progression
Immediate patdown
Patdown
Partial body
Medical examination
Partial body search
Removal of some clothing by person to recover material evidence
Medical examination
Medical x ray
Body cavity search
Monitored bowel movement
What level of suspicion do you need for a medical examination and approval from who
RS
Sup and port director approval
Transporting travelers
Two officers
Tape pant legs
Handcuff traveler
Special vehicles
Maintain contact with NLECC
Medical xrays
- Need port director approval
- Travelers consent
- Conducted by med personnel
- SAS
Consent for x ray
Must be freely and voluntarily given
Traveler must be informed of nature of examination
Understand explanation
Know they can refuse
Sign consent form
Document your observation
Lack of x ray consent
Need a court order if you want to get it done
Traveler can revoke consent at any time, contact sup
Can pregnant women be x rayed
No
X ray result
Foreign objects not found
Release traveler immediately transport back to cbp facility
Inconclusive x ray
Port director consults chief counsel port director determines if further detention warranted
Foreign objects found by x ray
Port director determines if further medical exam is warranted
Who are the only people that can read x ray and intrepet
Medical personnel only
When is PC established from x ray
Until foreign object have tested positive for narcotics
What need port director approval
Any further medical exam
Xray
Mbm
What do body cavity searches require
RS
Traveler consent or court order
Medical personnel to conduct search
Consent for body cavity search
Explain consent form F
Present the signed form for supervisory review
Document observations
MBM requirements
RS
Only conducted by medical personnel with proper security
Does not require traveler constent
MBM factors
Time frames apply
Med personnel make all medical decisions
Cbp obtains any evidence discovered by med personnel
Key points for all searches
Officer safety
Follow search time lines and other requirements
Obtain approval before each progressive stage
Explain process and maintain professionalism
What you need to do after search
Negative search: extend courtesies and release traveler
Positive search: take necessary enforcement steps
Input results into TECS
Reporting requirements
TECS IOIL( travs name , DOB, citizenship, detailed remarks
Initiating officer must complete before end of shift
Sup approves within 24 hours
Common documentation problems
- General vague terms
- Lack of articulable facts
- Lack of documentation on negative examinations
- Incorrect codes
- Spelling errors unclear writing
- Failure to record highest level of personal search conducted
How can transgenders be searched
Male officers/ male part of body
Female officers/ female parts
Uncommon situations
Stay inclose contact to sup
Searching juvy, anything under 18
Same authority as searching an adult, officer should carefully weigh all factors before requesting authorization to search a juvy
Juveniles unique factors
Verify age and travel status
Juvy traveling alone
Bringing an adult to cbp facility
Conducting the search
TECS report
Searching a juvy
Patdown, partial body search, med examination
Patdown, sup must be present to approve personal search
Partial body search, may be authorized without notifying or waiting adult in advance
Med exam, accompanying adult will be contacted before transport to facility
Juvy can sign a med x ray consent form if no adult is present
Detention of juvy
Must be separated from adults
Parents or guardians will not strike while in custody of cbp
Arrest of juvenile
Care and custody
ICE agent will notify guardian and US attorney
Miranda warnings( notify their parent or guardian)
