R251-710-3. Policy

(1) General Regulations

It is the policy of the Department that:

(a) search and seizure activities shall only be carried out by lawful means.

(2) Visitor Search

It is the policy of the Department that:

(a) the person, personal property, and/or vehicle of visitors are subject to limited, less-invasive searches by Department personnel, such as dog sniffs, metal detectors, and viewing the inside of vehicles, including trunks and compartments, as a condition of entering and remaining on the premises of the prison;

(b) an officer may seize contraband or evidence pertinent to an ongoing investigation;

(c) more invasive searches of the person, personal property, and/or vehicle of visitors may be conducted, and contraband and evidence pertinent to an ongoing investigation seized therefrom, by Department personnel upon reasonable suspicion coupled with voluntary consent;

(d) any visitor who refuses to give consent to a search based upon reasonable suspicion may be denied entrance and required to leave the premises of the prison;

(e) the alert of a police service dog shall constitute probable cause and an involuntary search may be legally conducted;

(f) mandatory searches shall be conducted of all vehicles leaving the prison; vehicle trunks and compartments shall be searched prior to exit;

(g) any person who refuses to give consent to a search of their vehicle upon exiting prison property shall have their vehicle detained until a regularly scheduled institutional count has cleared;

(h) notice shall be posted at the entrance to the prison that persons, their property and vehicles are subject to search while on prison property;

(i) an officer may assume the driver of a vehicle is the proprietary possessor and has the authority to consent to a search of the vehicle;

(j) vendors, construction workers, Department personnel, or other visitors whose presence is necessary and important to prison operation may have contraband confiscated and returned upon exiting prison property, may be asked to leave prison property, or may be arrested;

(k) all vehicles entering through a secure perimeter gate shall undergo a thorough search for contraband; discovery of contraband may result in arrest;

(l) mandatory searches shall be made of all vehicles accessing the double fence secure perimeters of the facilities; and

(m) a visitor to the prison who has an outstanding warrant may be arrested and searched or refused entry to the prison.

(3) Public Search

It is the policy of the Department that:

(a) the person and property of members of the general public may be searched, and contraband and evidence pertinent to an ongoing investigation seized therefrom, by Department personnel pursuant to the following limitations:

(i) their person, clothes, personal property, vehicle and residence based upon voluntary consent;

(ii) their person, clothes, and personal property immediately associated with their person may be involuntarily searched;

(A) to the extent necessary for an officer to determine if a person is carrying weapons, if the officer has a reasonable suspicion that the person is armed and presently dangerous to the officer or others;

(B) incident to lawful arrest;

(C) pursuant to a valid search warrant; or

(D) under exigent circumstances;

(iii) their vehicle may be involuntarily searched;

(A) based upon probable cause if the vehicle is readily mobile;

(B) incident to lawful arrest if the arrestee can access the passenger compartment of the vehicle or if failure to search could result in the loss of evidence pertaining to the crime underlying the arrest;

(C) pursuant to a valid search warrant; or

(D) pursuant to a vehicle inventory incident to the lawful impound thereof;

(iv) their residence may be involuntarily searched;

(A) pursuant to a valid search warrant;

(B) in the form of a protective sweep under exigent circumstances; or

(C) at the time of, or incident to, a lawful arrest of the owner or occupant thereof, but only that portion of the residence and personal property therein which is in the immediate control of the arrestee at that time.