Comment

India Snubs U.S. Delegation, Withdraws Security Over Diplomat's Arrest

23
kirkspencer12/18/2013 3:23:49 pm PST

Strip searches are not ‘policy’ in the New York Patrol Guide. See 208-05 (C)

PATROL GUIDE PROCEDURE 208-05 — GENERAL SEARCH GUIDELINES FOR ARRESTED PERSONS
ARRESTING OFFICER
1. Comply with the provisions of P.G. 208-02, “Arrests-Removal To Department Facility For Processing”, P.G. 208-03, “Arrests-General Processing”, P.G. 208-15, “Arrest Report Preparation At Station house” and the following:
SEARCH OF ARRESTED PERSONS
To maximize security and minimize potential hazards to the arresting officer, the arrested person, and other Department personnel, the following guidelines are published for the information of all members of the service:
A. FRISK/FIELD SEARCH
A frisk, performed primarily to ensure the personal safety of the arresting officer, is a methodical external body examination of the arrested person conducted immediately after apprehension to find weapons, evidence, or contraband. The frisk should be conducted before or immediately after the subject is rear handcuffed, depending upon particular circumstances, temperament of the subject, and escape potential. A thorough external body examination is made by sliding the hand over the subject’s body, feeling for weapons or other objects, with special attention to the waistband, armpit, collar, and groin areas. In an unusual object is detected, the officer will reach into or under the clothing to remove it.
B. SEARCH AT POLICE FACILITY
(1) Upon arrival at precinct of arrest or other Department facility, the arresting officer or a designated member of the same sex as the prisoner, will conduct a thorough search of the subject’s person and clothing to ensure the safety of all persons within the facility and to remove weapons, contraband, and evidence not discovered by the frisk. Other items
lawfully carried but that are dangerous to life, may facilitate escape or may be used to damage Department property will also be removed from the subject.
(2) A search at a police facility (not a “strip” search) includes the removal of outer garments such as overcoats, jackets, sweaters, vests, hats, wigs, ties, belts, shoes and socks, handbags, and wallets. All pockets are to be emptied and all clothing not removed will be examined by grabbing, crushing and squeezing the garments and by sliding the hands across the body to detect articles that may be underneath or sewn to the clothing.
C. STRIP SEARCH
(1) The desk officer, precinct of arrest/borough Court Section supervisor will decide if a strip search should be conducted and he/she is responsible that the search is conducted properly. A strip search will be utilized when the arresting officer reasonably suspects that weapons, contraband or evidence may be concealed upon the person or in the clothing in such a manner that they may not be discovered by the previous search methods. Other factors that should be considered in determining the necessity for a strip search include the nature of the crime (serious violent felony), arrest circumstances, subject’s reputation (extremely violent person), acts of violence and discoveries from previous searches. In addition, contact borough Court Section supervisor and expedite appearances of prisoner and arresting/assigned officer with necessary details before the
arraignment judge.
NOTE In cases where there is a disagreement between the desk officer
and an arresting officer’s supervisor from an outside command, the final
decision whether or not to conduct the strip search will be made by the
desk officer concerned. If not in agreement with the desk officer’s
decision, the arresting officer’s supervisor may confer with the precinct
commander/duty captain.
(2) A strip search will be conducted by a member of the same sex as the arrested person in a secure area in utmost privacy and with no other arrestee present. It should not be necessary to touch the subject’s body, except for the examination of the hair. UNDER NO CONDITIONS SHALL A BODY CAVITY SEARCH BE CONDUCTED BY ANY MEMBER OF THE SERVICE. If a body cavity search is considered necessary, the desk officer will be advised and his instructions complied with.
(3) If a strip search is conducted, such information will be entered in the Command Log, arresting officer’s Activity Log, and also documented in the “Narrative” section of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) or the ARREST REPORT SUPPLEMENT (PD244-157). A subsequent strip search will not be conducted unless there is reasonable belief that the subject has acquired a weapon or contraband.
(4) A strip search will not be conducted after a decision is made to void an arrest or to release the prisoner immediately upon issuance of a summons.
(5) ALL arrested persons being processed in a facility equipped with a metal detector are required to pass through the device. These electronic metal detectors are extremely sensitive and can detect a metallic object secreted in or around a body cavity. A “reading” on a detector, which cannot otherwise be accounted for, may form the basis for a full strip search.