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Exam 7 > S340c Personal Search Policy > Flashcards

S340c Personal Search Policy Flashcards

0
Q

Immediate patdown

A

For weapons only

Does not require sup approval

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1
Q

Why personal search guideline?

A

Fairness: no one unjustly selected

Accountability: require articulable facts and sup approval

Consistency: establish service wide standards

Substantiation: support reason for search in court

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2
Q

Obtain sup approval for these searches

A

Patdown search
Partial body search
Medical examination

Be alert for medical emergencies

Constant contact with sup, especially durinng uncommon search etc juvy

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3
Q

PSH is divided into how many chapters

A

10

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4
Q

Immediate patdown key points

A

Search for weapons

Not a search for merchandise

No sup approval

May be performed in public

May be performed on any gender

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5
Q

What is needed for a patdown search

A

One articulable fact and sup approval

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6
Q

What factors may not be used for levels of suspicion

A 
Gender
Race
Color
Religion
Ethnic background
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7
Q

Articulable facts are

A

Specific
Objective
Behavior based
Information based

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8
Q

If you suspect person is concealing contraband or material evidence

A

Obtain approval for personal search

Start with least intrusive( patdown)
Obtain sup approval to elevate examination

Document in TECS

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9
Q

What you need to do before a search

A

-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

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10
Q

Preparing for a search

A
  • Officer safety first
  • Complete TECS
  • Organize articulable facts for sup approval
  • know procedures that apply to juvy
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11
Q

Search types that need sup approval

A

Patdown search
Partial body

Medical exam( port director approval)
Transport to medical facility( prior consultation with counsel)
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12
Q

Explaining the search process

A

Maintain professionalism as you prepare search

Provide the brochure

Explain search process in general terms

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13
Q

Escorting to a search area

A

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

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14
Q

What you need to do during a search

A

Safety

  • Communicate
  • Keep valuables with traveler
  • Follow requirements for each progressive stage
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15
Q

2 hour notification period

A

Starts when you request approval to conduct a patdown from sup

Traveler is given opportunity to have cbp contact someone of the delay

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16
Q

8 hours

A

If no PC port director must approve further detention

After every 8 hours port director will decide if detention can keep going

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17
Q

24 hours

A

Director of field operations must be notified

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18
Q

Mist a search be done by the same gender and witnessed by same gender

A

Yes

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19
Q

If no one available at port, what can you do

A

Call a local agency to perform search for you

Or another traveler to witness for you

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20
Q

Must a personal search be a progressive process

Yes or no

A

Yes

Less intrusive to more inteusive

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21
Q

Def of patdown

A

A patdown is a LEO tool used to search for merchandise including contraband hidden on a persons body

22
Q

Scope of patdown

A
  • 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
23
Q

4 types of searches in order of progression

A

Immediate patdown
Patdown
Partial body
Medical examination

24
Q

Partial body search

A

Removal of some clothing by person to recover material evidence

25
Q

Medical examination

A

Medical x ray

Body cavity search
Monitored bowel movement

26
Q

What level of suspicion do you need for a medical examination and approval from who

A

RS

Sup and port director approval

27
Q

Transporting travelers

A

Two officers

Tape pant legs

Handcuff traveler

Special vehicles

Maintain contact with NLECC

28
Q

Medical xrays

A
  • Need port director approval
  • Travelers consent
  • Conducted by med personnel
  • SAS
29
Q

Consent for x ray

A

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

30
Q

Lack of x ray consent

A

Need a court order if you want to get it done

Traveler can revoke consent at any time, contact sup

31
Q

Can pregnant women be x rayed

A

No

32
Q

X ray result

A

Foreign objects not found

Release traveler immediately transport back to cbp facility

33
Q

Inconclusive x ray

A

Port director consults chief counsel port director determines if further detention warranted

34
Q

Foreign objects found by x ray

A

Port director determines if further medical exam is warranted

35
Q

Who are the only people that can read x ray and intrepet

A

Medical personnel only

36
Q

When is PC established from x ray

A

Until foreign object have tested positive for narcotics

37
Q

What need port director approval

A

Any further medical exam

Xray
Mbm

38
Q

What do body cavity searches require

A

RS
Traveler consent or court order
Medical personnel to conduct search

39
Q

Consent for body cavity search

A

Explain consent form F

Present the signed form for supervisory review

Document observations

40
Q

MBM requirements

A

RS

Only conducted by medical personnel with proper security

Does not require traveler constent

41
Q

MBM factors

A

Time frames apply

Med personnel make all medical decisions
Cbp obtains any evidence discovered by med personnel

42
Q

Key points for all searches

A

Officer safety

Follow search time lines and other requirements

Obtain approval before each progressive stage

Explain process and maintain professionalism

43
Q

What you need to do after search

A

Negative search: extend courtesies and release traveler

Positive search: take necessary enforcement steps

Input results into TECS

44
Q

Reporting requirements

A

TECS IOIL( travs name , DOB, citizenship, detailed remarks

Initiating officer must complete before end of shift

Sup approves within 24 hours

45
Q

Common documentation problems

A
  • 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
46
Q

How can transgenders be searched

A

Male officers/ male part of body

Female officers/ female parts

47
Q

Uncommon situations

A

Stay inclose contact to sup

48
Q

Searching juvy, anything under 18

A

Same authority as searching an adult, officer should carefully weigh all factors before requesting authorization to search a juvy

49
Q

Juveniles unique factors

A

Verify age and travel status

Juvy traveling alone

Bringing an adult to cbp facility

Conducting the search

TECS report

50
Q

Searching a juvy

Patdown, partial body search, med examination

A

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

51
Q

Detention of juvy

A

Must be separated from adults

Parents or guardians will not strike while in custody of cbp

52
Q

Arrest of juvenile

A

Care and custody

ICE agent will notify guardian and US attorney

Miranda warnings( notify their parent or guardian)

Exam 7 (11 decks)

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