5.14 Searches Pursuant to Section 1360

Chapter 5.
Section 5.14
Subject Searches Pursuant to Section 1360
Effective Date 12/4/2023 12:00 AM
  1. This policy is consistent with Section 4030 of the Penal Code and Section 1360 of Title 15, California Codes and Regulations.
  2. Searches may be conducted as deemed necessary by the Chief Deputy or Supervising Deputy Probation Officer of the Juvenile Hall on a random, routine, or incident-specific basis, consistent with this policy, and state and federal laws. Searches shall be conducted to ensure the safety and security of the facility, public, visitors, youth and staff. 
  3. Searches shall be conducted in a manner that preserves the privacy and dignity of the person being searched and shall not be conducted for harassment or as a form of discipline or punishment.  These guidelines will serve to prevent the illegal search and seizure of a youth’s person or property.  The provisions of this section shall apply to any youth in the Juvenile Hall and shall not differentiate between felony and misdemeanor offenses.
  4. Searches shall, to the extent possible, be conducted in a manner that preserved the privacy and dignity of the person being searched. 
  5. Strip searches and visual body cavity searches shall be conducted only with prior supervisory approval and only upon reasonable suspicion that a youth is in possession of a weapon or contraband.
  6. Searches will be conducted by an officer of the same sex. Youth who have identified as transgender will be allowed to choose the sex of the officer that will make them the most comfortable.
  7. DEFINITIONS
    1. “Strip search” means a search that requires a person to remove or arrange some or all of his other clothing so as to permit visual inspection of the underclothing, breasts, buttocks, or genitalia of such person.
    2. “Intake search” means searches conducted by the means of pat-downs, metal detector, or clothing searches at the time of admission.
    3. “Pat Down search” means a hand search of a clothed youth.
    4. “Body Cavity” only means the stomach or rectal cavity of a person, and vagina of a female person.
    5. “Visual Body Cavity search” means a visual inspection of a body cavity.
    6. “Physical Body Cavity search” means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity.
    7. “Reasonable Suspicion” means specific or articulable facts to believe a person is concealing a weapon or contraband, and a strip search will result in the discovery of the weapon or contraband. 
  8. Strip Searches and Visual Body Cavity Searches
    1. No strip search or visual body cavity search or both may be conducted without prior authorization of the on-duty or on-call Supervising Deputy Probation Officer, or Chief Deputy of the Juvenile Hall.
    2.   A Juvenile Hall Incident Report shall be completed detaining the specific and articulable facts and circumstances upon which the authorizing Officer established reasonable suspicion.  Documentation of an authorized “strip search” or “visual body cavity search” shall include the time, date and place of the search, the name and sex of the person conducting the search and a statement of the results of the search including a list of any items removed from the person searched.
    3. Documentation of an authorized “strip search” or “visual body cavity search” shall be retained by the Chief Deputy and made available, upon request, to the person searched, his or her parent or legal guardian, attorney and/or other agencies authorized by law to inspect such files.
    4. Persons conducting a “strip search” or “visual body cavity search” shall not touch the breasts, buttocks, or genitalia of the person being searched.
    5. All persons conducting or present during a “strip search”, or “visual body cavity search” shall be of the same sex of the person searched. Youth who have identified as transgender will be allowed to choose the sex of the officer that will make them the most comfortable.
    6. All strip and visual body cavity searches shall be conducted in an area of privacy, out of view of others persons not participating in the search.  All searches shall require two sworn staff to be present.
    7. No youth detained at the Juvenile Hall shall be subjected to a “physical body cavity search without a search warrant issued by a magistrate specifically authorizing the physical body cavity search.
    8. While Probation staff of the same gender as the person being searched may be present, only a licensed medical physician shall conduct a physical body cavity search.
    9. Criss-gender pat-down searches and strip searches are prohibited except in exigent circumstances or when conducted by a medical professional.  Such searches must be justified and documented in writing. 
  9. Search of Youth
    1. All youth shall be subject to a “pat down,” metal detector and/or clothing search under the following circumstances:
      • At the time of admission;
      • When returning from Court;
      • When returning from kitchen cleaning duty;
      • When returning from furlough;
      • When returning from a meeting with any non-Peace Officer (i.e. attorney, health staff, Behavioral Health staff, etc.)
  10. Search of Visitors
    1. Staff shall not conduct a pat down or strip search of any visitor or their property.  The exception being if the visitor is on formal probation with confirmed search terms and a staff member within the Deputy Probation Officer classification is conducting the search.
    2. Visitors shall be required to walk through the metal detector at the entrance of the facility prior to entering visiting rooms or may be subjected to a search by hand held metal detector, as authorized by the on-duty Juvenile Services Officer III, Supervising Deputy Probation Officer, or Chief Deputy.
    3. Visitors may be denied entrance into the Juvenile Hall if the metal detector is activated during a search and there is reasonable suspicion that the visitor may be carrying a weapon, contraband, or other property not allowed in the facility.
    4. A Court order shall be obtained to exclude a person from visiting, should the Chief Deputy, based on reasonable suspicion, determine a visitor or visitors are a risk to the safety and security of the Juvenile Hall.
  11. Contraband Control
    1. Preventative measures to control the entry and movement of contraband into the Juvenile Hall, such as weapons, drugs, etc. shall be established to ensure the safety of youth and staff.
    2. Youth returning from furlough may be subjected to a strip search or visual body cavity search with prior written authorization of the Chief Deputy or Supervising Deputy Probation Officer based on reasonable suspicion.
  12. Search of Secured Property
    1. Once a booking is completed and the youth’s personal items are stored, a search warrant is required to remove any items that are later desired as evidence, unless the youth is on probation and has a Court ordered search clause.
    2. The youth may also consent to a search of his or her property.  All consensual searches shall be documented.
    3. Property may be removed with the prior written consent of the youth.
  13. Strip Search Guidelines
    1. The following search guidelines will assist Juvenile Services Officers in determining whether it is permissible to authorize a strip search on youth admitted to Juvenile Hall.
    2. The authority to conduct a strip search is derived and restricted by various statutory laws and state regulations including:
      • The United States Constitution, 4th Amendment
      • The California Constitution, Article I, Section 13
      • California Penal Code, Section 4030
      • State Board of Corrections, Title 15 Regulations, Section 1360
    3. The Chief Probation Officer has the discretion to identify the time, circumstances, or situations and the manner, which the Juvenile Hall will conduct, strip searches of youth.
    4. Upon the admission of a youth to the Juvenile Hall, the JSO III on-duty or the on-call SDPO shall assess the nature and circumstances of the alleged offense to determine if there is reasonable suspicion to authorize a strip search or visual body cavity search.
    5. Reasonable Suspicion for purposes of this policy is defined as specific and articulable facts to believe a youth is concealing a weapon or contraband, and a strip search will result in the discovery of the weapon or contraband.  In other words, an officer must have knowledge of facts, which although is not direct, would cause a reasonable person, knowing the same facts to conclude the same thing.
    6. If the on-duty JSO III determines there is reasonable suspicion, he or she shall consult with the on-call SDPO prior to a final decision being made.
    7. If reasonable suspicion for a strip search cannot be established, officers shall conduct a pat-down search and a metal detector search upon the youth’s arrival.  Once the youth has showered and is in Juvenile Hall clothes, officers shall conduct a second pat-down search and metal detector search and clear the holding shower area before escorting youth onto the unit.  This process will help to assist with contraband control within the facility.
  14. Specific Factors to Establish Reasonable Suspicion
    1. The youth has a documented history of concealing contraband/weapons beneath their clothing while previously detained in any facility.
    2. Staff members are made aware that a specific item(s) that could be used as a weapon is missing within the Juvenile Hall, and the youth has had reasonable access to the area from which the item is stored or kept.
    3. Staff members observe behavior that indicates a youth is attempting to conceal any mood altering substance, drug paraphernalia, weapons, notes, or any other contraband on their person.
    4. Staff member receives information from a reliable third party that a youth has used a controlled substance or other mood-altering product within the previous 24 hours or is possibly concealing drugs, weapons, or other contraband on their person.
    5. For the purposes of this guideline, “contraband weapons” includes but is not limited to the following:
      • Any object, instrument or item, including the contents of a youth’s hygiene tray, which could be made into an edged, pointed, or blunt weapon.
      • Any substance that can be ingested to alter a person’s mood or behavior.
      • Any drug paraphernalia including, matches, lighter, smoking pipe, straw, rolling papers, or any other object, instrument, or item that can be used to ingest any mood-altering substance.
      • Tobacco products.
  15. Strip Search Procedures
    1. The Officer should be positioned inside the bathroom with one foot outside the door.
    2.   The youth should be directed to remove and pass one item of clothing to the Officer at a time.  The youth’s clothes are secured outside the bathroom and the youth is directed to face forward.
      1.   The youth is then directed to extend his/her arms forward so the Officer can conduct a visual observation of the youth’s hands, arms, and underarms.  
      2. The youth is then directed to turn around and face the opposite direction.  The youth is then directed to squat, cough, and stand back up.  
      3. A visual observation of the youth’s bare feet and toes is then conducted.  Male youth are then directed to face forward and move his genitals with one hand to one side, and then the other side. (In the case of a female; direct the youth to raise their breast with one hand one at a time.)  
      4. Then, a visual search of the youth(s) neck, face, mouth, ears, and hair is made.
      5.   After the strip search is complete, the youth is given Juvenile Hall clothes and directed to put them on.  The clothes the youth wore into the facility should then be searched and laundered.  Any pertinent information gleaned during the strip search, i.e. injuries, rashes, scars should be passed onto the visually observed on the youth’s bare body to the nurse for further examination.
      6. The Booking Officer should inquire as to any visible scarring or injury, and if appropriate, a Suspected Youth Abuse Report shall be completed. 
      7. If a strip search is not authorized, the Booking Officer should position themselves outside the door with one foot inside the bathroom, and direct the youth to turn over his/her personal clothes. 
      8. After the youth’s shower, the Booking Officer shall conduct a second thorough pat down of the youth.  The second pat down should be conducted in the same systematic method as the first pat down, including a metal detector search before allowing youth to see the nurse or before escorting the youth to his/her assigned room.  NOTE: This is a critical search, especially when a strip search has not been authorized and will be the final opportunity to locate contraband before the youth is allowed onto the living unit.
      9. After the youth is removed from the holding bathroom, the bathroom should be thoroughly searched and the on-duty supervisor advised of any unusual findings such as discarded contraband.
  16. Admission Search Procedure
    1. The following guidelines will serve to control and mitigate the entry of contraband into the facility, and preserve the chain of evidence in cases involving the discovery and confiscation of contraband. 
    2.  All youth admitted into the Juvenile Hall, shall be subject to a thorough search to ensure the safety and security of the facility, the public, youth, and staff. 
    3.  The Officer assigned to admission (hereafter referred to as the Booking Officer) shall take immediate steps in securing the youth upon entering the facility from all personal property including backpacks, hats, and outer clothes (such as sweaters, jackets, etc.). 
    4.  The Booking Officer shall take care to wear protective gloves before handling any items or conducting any pat downs.  Restraints should not be removed until the pat down is complete and the youth is fully cooperative. 
    5. After securing from the youth all of his/her personal property, the Booking Officer shall communicate and explain that the youth is going to be searched, and why this is an important procedure. The Booking Officer should introduce him/herself to the youth as the Officer who will be handling their admission. This conversation serves three purposes.  First, it provides the youth with information regarding what is happening and why.  Second, this conversation will provide the Booking Officer with an opportunity to assess the youth’s ability to understand and follow directives.  Third, the Officer should take advantage of this opportunity to ask the youth if he/she has any contraband on their person they wish to produce
      • Note: For some youth, being admitted to a custodial facility is a routine and unemotional experience.  Conversely, other youth may find the experience to be one of fear, embarrassment and uncertainty.  The Booking Officer is encouraged to understand this dynamic and respond accordingly.
    6. If youth is not cooperative, he/she should be placed directly in a holding cell if available.  If a holding cell is not available, the youth should be placed in a visiting room.  The on-duty supervisor should be advised at this time that the youth is being uncooperative. 
    7. If the youth is cooperative, a thorough pat-down search should be conducted.  The Booking Officer is encouraged to be especially cautious regarding the presence of any sharp items, including knives and syringes. 
    8.  All pat downs will be conducted by an Officer of the same gender as the youth being searched. A transgender youth will be allowed to choose the sex of the officer that makes them the most comfortable.
    9. The Booking Officer shall maintain a position of control and advantage before the pat down by directing the youth to stand and face the opposite direction.  The Officer shall position themselves behind the youth, with their strong foot back and knees slightly bent.
    10. If the youth is not secured with restraints, they should be directed to place their hands behind their back with their palms together and fingers interlocked. The Officer should then grasp the youth’s hand by placing their thumb into the youth’s palms and the rest of their fingers will grasp the youth’s fingers.  
    11. While this technique is not considered to be a “control hold,” it serves to provide the Officer with a physical advantage over the youth.  The youth should be directed to look forward during the procedure, and to stand with his/her feet apart.   (The youth’s feet should be wide enough to allow him/her to stand freely, but remain off balance).
    12. The youth should be given clear directives.  The Officer should respond to any appropriate questions and uncertainty.
    13. The youth should be directed to remove his or her shoes one by one with his/her opposite foot.  If the youth is unable to remove his/her shoes, the Booking Officer should allow and assist the youth to kneel down on a chair or the floor.
    14. Search systematically and use proper hand technique.  Don’t rush.  While searching with one hand, the other hand should be in contact with the youth.  Focus on one section at a time removing and securing any personal items, contraband or weapons the youth may have in his/her possession, including the belt and pocket items. 
    15. Officers should be mindful that while conducting their pat down, there are common places where dangerous weapons or contraband may be located include: hair; underarm area; small of back; waist; pockets; groin area; ankles; toes and feet; back packs; purses and wallets; jewelry; clothing; under hats; and shoes.
    16. When removing the youth’s belt, the Officer should position themselves on either side of the youth, direct the youth to look to the opposite direction, and position their back leg at the heel of the youth’s closest leg to the Officer.
    17. The Officer should then position themselves with sufficient space between him/her and the youth, so that they can quickly react in the event the youth reacts aggressively.    Next, the Officer should unbuckle the youth’s belt with their free hand, and remove and secure the belt away from the youth’s reach.  
    18. When a strip search is NOT authorized, a thorough search of the youth and the holding bathroom AFTER they are showered is critical.
    19. The metal detector should be utilized in conjunction with any pat-down search.