[PDF]A compilation of Police Inventory Search Procedures

Effective Date Responsible Division
Massachusetts


Department Of Correction 10/25/2021 Policy Development


POLICY and Compliance Unit


Annual Review Date


10/25/2021


Policy Name M.G.L. Reference:
M.G.L. c. 124, §§ 1 (a), (b) and (q); M.G.L. c.
103 DOC 506 127, § 127; general laws chapter 276, §§ 1-7;
SEARCH POLICY DPH Drug Destruction Protocol


DOC Policy Reference:

103 DOC 105; 103 DOC 402; 103 CMR 403;
103 CMR 430; 103 DOC 501; 103 CMR 505;
103 DOC 519; 103 DOC 525; 103 DOC 622


ACA/PREA Standards:

4-ACRS-2C-01; 4-ACRS-2C-02;
4-ACRS-2C-03; 4-ACRS-2C-04;
4-ACRS-2C-05, 4-ACRS-2C-06;
5-ACI-3A-19; 5-ACI-3A-20; 5-ACI-3A-21;
5-ACI-3A-42; 5-ACI-3D-17; 5-ACI-7D-08;
2-CO-3A-01; 2-CO-3C-01; PREA: §115.15


Attachments Inmate Library Applicability: | Staff/Inmates
YesX Nol YesX Nol


Public Access Location:
Yes No O DOC Central Policy File
Institution/Superintendent Central Policy File


PURPOSE:

The purpose of this policy is to establish internal Departmental procedures for searching
person(s) and/area(s) within the legal boundaries of each institution. Searches are conducted to
detect and prevent the introduction of contraband, recover missing or stolen property, and to
prevent escapes and other disturbances.


RESPONSIBLE STAFF FOR IMPLEMENTATION AND MONITORING OF POLICY:
Director of the Policy Development and Compliance Unit
Superintendents


CANCELLATION:
This policy cancels all previous Department policy statements, bulletins, directives, orders,
notices, rules and regulations regarding searches which are inconsistent with this policy.


SEVERABILITY CLAUSE:
If any part of this policy is, for any reason, held to be in excess of the authority of the
Commissioner, such decision will not affect any other part of this policy.


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506.01
506.02
506.03
506.04
506.05
506.06
506.07
506.08
506.09
506.10
506.11
506.12
506.13
506.14
506.15


Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Attachment I

Attachment J

Attachment K


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TABLE OF CONTENTS


Superintendent’s Search Authority
Definitions

Institution Search Plan

Unclothed Searches

Fully Clothed Searches (Pat Search)
Housing Area Searches

Restrictive Housing Unit Searches
Non-Housing, Shop, Program and Activity Area Searches
Vehicle and Supply Searches

Cell Phone and Contraband Interdiction Plan
Seizure of Contraband/Evidence

Storage of Contraband/Evidence

Disposal of Contraband/Evidence

Crime Scene Search and Investigation


Emergencies


ATTACHMENTS


Permission to Search Vehicle Waiver

Vehicle Inventory Sheet

Vehicle Seizure Inspection Report

Evidence Custody Form

Protection of Crime Scene

Dying Declaration

Body Orifice Security Scanner (BOSS Chair)

Protocol for Searching Medicine Bag

Massachusetts State Police Drug Unit Submission Guidelines
B-Scan Body Scanner


Security Scanner (Cellsense Scanner)


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506.01 SUPERINTENDENT'S SEARCH AUTHORITY


The Superintendent, or their designee, may order the search of any person entering, within, or
confined to, an institution, and any person in or on state property, including parking areas, in
order to ensure the security and safety of that institution, its inmates, employees, volunteers,
vendors, and visitors.


Staff, inmates, volunteers, vendors, and visitors, shall be notified in writing (e.g., handbooks,
posting, etc.) of the general institution policy regarding searches and items considered to be
contraband.


506.02 DEFINITIONS


Exigent Circumstance: Circumstances, including institutional emergencies as set forth in the
Department’s regulations or policies, or emergencies in general, under which the doing of an act,
or the not doing of an act, would create an unacceptable risk to the safety of any person or


property.


Fully Clothed Search (Pat Search): A clothed search of an individual limited to the pressing of
palms of the hand against the outer surface of an individual’s clothing, and examination of all
pockets, shoes, caps and hairpieces. It does not include the removal of any of the person’s clothing
except removable outer garments (e.g., cardigan sweaters, blazers, suit jackets, coats).


Gender Non-Conforming: The extent to which a person’s identity, role, or expression differs
from cultural norms prescribed for people of a particular biological sex. Only some gender non-
conforming individuals will experience gender dysphoria at some point in their lives.


Reasonable Suspicion: Reasonable suspicion exists if the facts and circumstances known to a
staff member warrant rational inferences by a person with correctional experience that a person
is engaged in, attempting, or about to engage in or attempt criminal or other prohibited activities,
including, but not limited to, possession of prohibited objects. Reasonable suspicion may be
based on:


Observations by staff;

Reliable information, even if confidential;

A positive reading by a metal detector or other detection device;

A positive alert by a passive drug detection dog;

Finding contraband or indication of contraband during the search of an individual’s
belongings, including staff members.


Anonymous information cannot be the basis for reasonable suspicion without reliable
corroboration. “Hunches,” “gut feelings,’ or “mere suspicion,” do not meet the reasonable
suspicion standard.


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Staff: For purposes of this policy, the term “staff’ includes DOC employees, vendors and


volunteers.


Unclothed Search: A search in which a person removes all clothes. An unclothed search may
include a visual inspection of a person’s oral, anal, or vaginal cavity. This also includes a
thorough search of all of the individual’s clothing while it is not being worn.


506.03


INSTITUTION SEARCH PLAN


1. Each Superintendent shall develop and annually update an institution search plan which
will include frequent unannounced searches of inmates, inmate quarters, and every other
area of the facility as often as necessary to ensure the safety and security of the facility.
Searches are conducted for the following reasons:


A.


To prevent the unauthorized introduction of contraband, including, but not limited
to, weapons, electronic devices and other dangerous items into an institution.


To detect the manufacture of weapons, escape devices, etc. to prevent escapes or
other disturbances.


To discover and suppress trafficking between inmates, between employees and
inmates, and between inmates and visitors.


To discourage theft and trafficking in the institution of property and/or
contraband.


To check malicious waste or destruction of state property.


To discover hazards to health and safety that may go unnoticed during a more
routine inspection.


To recover missing or stolen property.


To discover suicide and homicide attempts or potential suicide and homicide
attempts by detecting questionable or excess items such as shoelaces, metal,
plastic bags, medications, etc., within an inmate’s cell/room. When searching an
inmate’s cell/room their mental status should be considered.


2. Institution search plans shall include the following:


A.


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Medium and Maximum Security Facilities:


1. Frequency of Searches


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B.


C.


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Housing Units- All cells/bed areas shall be searched at a minimum of once
per month.


Non-Housing/common areas (inmate access) - All non-housing/common
areas that have routine access by inmates shall be searched at a minimum
of once per month, 1.e., library, gym, work areas, etc.


Non-Housing areas - All non-housing areas that are not routinely
accessible to inmates shall be searched at a minimum of once per quarter.


Minimum and Pre-release Facilities:


I. Frequency of Searches:
Housing Units - All inmate rooms/bed areas shall be searched at a
minimum of once per quarter.
Non-Housing/common areas - All non-housing/common areas shall be
searched at a minimum of once per month.
Inmates - All inmates shall have an unclothed search and a pat search at a
minimum of once per quarter. These searches are above and beyond those
searches that occur on a routine basis.

All facilities:

I. Reporting
The Superintendent must also establish standard reporting periods for
cyclical searches.

16 Metal Detector Guidelines


Each Superintendent shall develop institutional procedures respecting the
use of hand-held and walk-through metal detectors in order to safeguard
against the risk posed to individuals with automatic implantable
cardioverter defibrillator and/or pacemakers.


At a minimum, the following sign shall be posted permanently in any
institutional area where such searches are commonly done:


"Use of hand-held and walk-through metal detectors may interfere with
the operation of an automatic implantable cardioverter defibrillator and/or
pacemaker. Notify staff if you have such a device and an alternative
search procedure will be used."


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3: Each Superintendent shall develop a tracking system to allow staff review of what
searches have been conducted to date and to plan for the assignment of future searches, of
areas or inmates, in advance, as appropriate.


A.


The Schedule Cell Searches screen should be utilized to schedule specific cell or
bed searches, to schedule cells that are still outstanding for the month (or quarter
for Minimum and Pre-release facilities), or to use IMS to randomly schedule a
selected number of cells to be searched. The Schedule Cell Searches (Auto)
screen should be utilized to automatically schedule cells or beds to be searched
for a specified time period and frequency by shift.


Common area searches shall be scheduled utilizing the Schedule Common Area
Searches screen.


Inmate searches for Minimum and Pre-release facilities shall be scheduled
utilizing the Schedule Inmate Searches screen.


The tracking system shall ensure that no particular area of the facility is either
ignored or over saturated with searches.


Each Superintendent shall develop a system by which search results are entered into the


IMS database.


4.

A.

B.
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The results of all prescheduled searches shall be documented in the Cell Search
Results, Common Area Search Results, or Scheduled Inmate Results screens, as
applicable.


NOTE: All fields must be completed within the IMS Search Results
screens (the only exceptions being the search comments and items
confiscated areas if the search results were negative).


The results of unscheduled inmate searches shall be documented as follows:


I Routine random inmate searches (i.e., searches of random inmates after a
meal period, searches of inmates returning from outside work crews, etc.)
need not be normally documented. However, if during the course of a
routine random search contraband is discovered, the information shall be
documented in the Unscheduled Inmate Search Results screen.


IL Unscheduled unclothed searches of Minimum and Pre-release inmates
conducted in addition to those required by 103 DOC 506.02 (B) shall be
documented in the Unscheduled Inmate Search Results screen.


NOTE: The routine random search type (pat search or unclothed search) of


the group must be entered in the “Unscheduled Searches” section of the
screen. If the search type for the group is identified as a pat search and a


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506.04


1.


particular inmate is subsequently changed to an unclothed search, the
“unclothed” flag shall be checked in the “Inmates Searched” section of the
screen.


II. Unscheduled searches of common areas (e.g., searches of the visiting
room before and after visits, yard area searches prior to opening the yard,
etc.) shall be documented in the appropriate IMS Activity Log.


C. Searches of staff members and visitors (e.g., search of the day, etc.) shall be
documented in the appropriate IMS Activity Log or logbook.


Posts for routine searches shall be identified in the facilities procedures and shall include
areas that require the searching of inmates, visitors, and staff. The plan should also cite
the strategic advantage and purpose for such post assignments duties, including the type
of search technique generally employed.


UNCLOTHED SEARCHES
Unclothed Searches of Inmates:


Unclothed searches should be employed, when necessary, for the close scrutiny of an
inmate's person in determining if that inmate is carrying any item(s) considered to be
contraband. Searches are to be conducted in a professional and respectful manner and in
the least intrusive manner possible, consistent with security needs.


Unclothed searches shall be employed for routine security checks or when there is a
specific suspicious incident that would indicate that an inmate is perhaps carrying
contraband.


Searches or physically examining a gender non-conforming inmate for the sole purpose
of determining the inmate’s genital status shall not be permitted. If the inmate’s genital
status is unknown, it may be determined during conversations with the inmate, by
reviewing medical records, or, if necessary, by learning that information as part of a
broader medical examination conducted in private by the contracted medical provider.


Gender non-conforming inmates shall have an unclothed search conducted by officers of
the gender with which the inmate has identified as the search preference in accordance
with 103 DOC 402, Inmate Identification Policy, except in exigent circumstances.


Except for gender non-conforming inmates, cross-gender unclothed searches shall not be
conducted except in exigent circumstances or when performed by medical practitioners.
Should such a situation arise, permission from the Superintendent must be obtained prior
to the search. The search must be documented in writing through a confidential incident
report.


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Specific situations in which unclothed searches may be employed include, but are not
limited to, the following:


a. Entrance or exit from a secure perimeter and area;

b. Before and after court, medical trips, or visits;

c. After the detection of an alleged disciplinary infraction, when custodial staff have
reason to believe a person may possess contraband;

d. After an escape or attempted escape;

e. Prior to placement in restrictive housing from the general population;

f. Routine searches of housing or work areas;

g. Transfer to/arrival at a new institution.

h. When a passive drug detection dog positively alerts around the inmate, the

inmate’s cell, the inmate’s mail, or the inmate’s belongings;

Following a use of force;

j. Per specific institutional policies and procedures.


.__


Note: When conducting an unclothed search of an inmate, the officer shall make notes on
observations of tattoos with sketches if possible and send the information to the
institution's inner perimeter security unit. Pictures of the tattoos shall be obtained and the
Marks, Scars, Tattoo screen in IMS shall be completed, if not previously documented on
the screen.


A search pursuant to 103 DOC 506.04(1)(i) shall not be considered a use of force unless
staff are required to use force to complete said search. Staff removing clothing of an
inmate (cutting off or otherwise) is not itself a use of force. If force is used to complete
an unclothed search, the incident shall be reported as a use of force and reporting
requirements outlined in 103 CMR 505, Use of Force shall be followed. Institutions shall
develop site specific procedures for conducting an unclothed search of an inmate
following a use of force, taking into consideration specific institution policies,
procedures, gender identity, inmate and staff safety.


Authorization for unclothed searches of staff:


A. In order to conduct an unclothed search of a staff member, the Officer in Charge
(OIC) must first be able to describe the subject’s specific behavior(s) and other
information supporting the inference of reasonable suspicion. The OIC should
immediately consult with the Superintendent of the facility when considering
whether an unclothed search is justified based on reasonable suspicion. The OIC
shall review the information and circumstances with the Superintendent. If a
Superintendent believes that there is reasonable suspicion for an unclothed search
of a staff member (e.g., a DOC employee, vendor or volunteer) to occur, s/he
shall notify the appropriate Assistant Deputy Commissioner. The subject should
remain under direct observation until the unclothed search occurs.


B. A comprehensive review by the Assistant Deputy Commissioner and the Office of
Investigative Services and/or the Office of Internal Affairs, depending on the


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D.


case, verifying reasonable suspicion, will result in a request to the Deputy
Commissioner of Prisons for approval of the actual unclothed search based on
reasonable suspicion.


The Deputy Commissioner of Prisons, or their designee, must then make a
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