S340c Personal Search Policy

Question 0

Immediate patdown

Answer 0

For weapons only

Does not require sup approval

Question 1

Why personal search guideline?

Answer 1

Fairness: no one unjustly selected

Accountability: require articulable facts and sup approval

Consistency: establish service wide standards

Substantiation: support reason for search in court

Question 2

Obtain sup approval for these searches

Answer 2

Patdown search
Partial body search
Medical examination

Be alert for medical emergencies

Constant contact with sup, especially durinng uncommon search etc juvy

Question 3

PSH is divided into how many chapters

Answer 3

10

Question 4

Immediate patdown key points

Answer 4

Search for weapons

Not a search for merchandise

No sup approval

May be performed in public

May be performed on any gender

Question 5

What is needed for a patdown search

Answer 5

One articulable fact and sup approval

Question 6

What factors may not be used for levels of suspicion

Answer 6

Gender
Race
Color
Religion
Ethnic background

Question 7

Articulable facts are

Answer 7

Specific
Objective
Behavior based
Information based

Question 8

If you suspect person is concealing contraband or material evidence

Answer 8

Obtain approval for personal search

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

Document in TECS

Question 9

What you need to do before a search

Answer 9

-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

Question 10

Preparing for a search

Answer 10

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

Question 11

Search types that need sup approval

Answer 11

Patdown search
Partial body

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

Question 12

Explaining the search process

Answer 12

Maintain professionalism as you prepare search

Provide the brochure

Explain search process in general terms

Question 13

Escorting to a search area

Answer 13

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

Question 14

What you need to do during a search

Answer 14

Safety

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

Question 15

2 hour notification period

Answer 15

Starts when you request approval to conduct a patdown from sup

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

Question 16

8 hours

Answer 16

If no PC port director must approve further detention

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

Question 17

24 hours

Answer 17

Director of field operations must be notified

Question 18

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

Answer 18

Yes

Question 19

If no one available at port, what can you do

Answer 19

Call a local agency to perform search for you

Or another traveler to witness for you

Question 20

Must a personal search be a progressive process

Yes or no

Answer 20

Yes

Less intrusive to more inteusive

Question 21

Def of patdown

Answer 21

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

Question 22

Scope of patdown

Answer 22

• 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

Question 23

4 types of searches in order of progression

Answer 23

Immediate patdown
Patdown
Partial body
Medical examination

Question 24

Partial body search

Answer 24

Removal of some clothing by person to recover material evidence

Question 25

Medical examination

Answer 25

Medical x ray Body cavity search Monitored bowel movement

Question 26

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

Answer 26

RS Sup and port director approval

Question 27

Transporting travelers

Answer 27

Two officers Tape pant legs Handcuff traveler Special vehicles Maintain contact with NLECC

Question 28

Medical xrays

Answer 28

- Need port director approval - Travelers consent - Conducted by med personnel - SAS

Question 29

Consent for x ray

Answer 29

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

Question 30

Lack of x ray consent

Answer 30

Need a court order if you want to get it done Traveler can revoke consent at any time, contact sup

Question 31

Can pregnant women be x rayed

Answer 31

No

Question 32

X ray result

Answer 32

Foreign objects not found Release traveler immediately transport back to cbp facility

Question 33

Inconclusive x ray

Answer 33

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

Question 34

Foreign objects found by x ray

Answer 34

Port director determines if further medical exam is warranted

Question 35

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

Answer 35

Medical personnel only

Question 36

When is PC established from x ray

Answer 36

Until foreign object have tested positive for narcotics

Question 37

What need port director approval

Answer 37

Any further medical exam Xray Mbm

Question 38

What do body cavity searches require

Answer 38

RS Traveler consent or court order Medical personnel to conduct search

Question 39

Consent for body cavity search

Answer 39

Explain consent form F Present the signed form for supervisory review Document observations

Question 40

MBM requirements

Answer 40

RS Only conducted by medical personnel with proper security Does not require traveler constent

Question 41

MBM factors

Answer 41

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

Question 42

Key points for all searches

Answer 42

Officer safety Follow search time lines and other requirements Obtain approval before each progressive stage Explain process and maintain professionalism

Question 43

What you need to do after search

Answer 43

Negative search: extend courtesies and release traveler Positive search: take necessary enforcement steps Input results into TECS

Question 44

Reporting requirements

Answer 44

TECS IOIL( travs name , DOB, citizenship, detailed remarks Initiating officer must complete before end of shift Sup approves within 24 hours

Question 45

Common documentation problems

Answer 45

- 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

Question 46

How can transgenders be searched

Answer 46

Male officers/ male part of body Female officers/ female parts

Question 47

Uncommon situations

Answer 47

Stay inclose contact to sup

Question 48

Searching juvy, anything under 18

Answer 48

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

Question 49

Juveniles unique factors

Answer 49

Verify age and travel status Juvy traveling alone Bringing an adult to cbp facility Conducting the search TECS report

Question 50

Searching a juvy Patdown, partial body search, med examination

Answer 50

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

Question 51

Detention of juvy

Answer 51

Must be separated from adults Parents or guardians will not strike while in custody of cbp

Question 52

Arrest of juvenile

Answer 52

Care and custody ICE agent will notify guardian and US attorney Miranda warnings( notify their parent or guardian)