BOP Program Statement 5510.16 § 4

You and your belongings may be searched, either randomly or based on reasonable suspicion,

before entering, or while inside, a Bureau facility or Bureau grounds, as follows:

Visitors refusing to submit to or comply with authorized search procedures will be denied entry

to Bureau grounds and facilities, or required to leave, in accordance with Section 7 of this

program statement.

Depending on the circumstances, such visitors may also be detained or arrested, either by Bureau

staff or local or federal law enforcement authorities, in accordance with Section 8 of this

program statement.

(a) Random Searches. This type of search may occur at any time, and is not based on any

particular suspicion that a non-inmate is attempting to bring a prohibited object into a Bureau

facility or Bureau grounds.

(1) Random searches must be impartial and not discriminate among non-inmates on the basis

of age, race, religion, national origin, or sex.

(2) Non-inmates will be given the option of either consenting to random searches as a

condition of entry, or refusing such searches and leaving Bureau grounds. However, if a non-inmate refuses to submit to a random search and expresses an intent to leave Bureau grounds,

he or she may still be required to be searched if “reasonable suspicion” exists as described in

paragraph (b) of this section.

Procedures for managing persons who refuse to submit to authorized searches, including persons

attempting to leave Bureau facilities and grounds, are found in Sections 7 and 8 of this program

statement.

Random selection of visitors for searching must be impartial and non-discriminatory. The

concept of a random selection includes either searching all visitors entering at a given time or

searching visitors according to a predetermined selection method, detailed below. Staff may not

randomly select visitors to be searched by any other method, or search visitors out of the

predetermined random selection order without reasonable suspicion and shift supervisor

approval, as detailed below.

A random selection method must be established and documented each day before searching

visitors entering Bureau grounds and facilities. Different random selection methods may be

implemented for different types of visitors (i.e., inmate visitors, official visitors, contractors, or

volunteers). The shift supervisor ensures appropriate random selection methods are implemented

each day.

The random selection method on a given day may be different after considering all relevant

factors, including the:

■ type of search(es) being performed (e.g., electronic or pat searches of visitors, or searches of

belongings or vehicles),

■ day and time searches occur (e.g., holidays, staffing levels),

■ number of visitors to be searched (e.g., small number of individuals or large group[s]), and

■ purpose for which visitors are entering the Bureau grounds or facility (e.g., inmate visitors,

official visitors, contractors, volunteers).

Except when “all visitors” is the random selection method, the recommended predetermined

selection methods include but are not limited to the following, using numbers between one and

10:

■ every third visitor

■ search four, skip two

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■ Search two, skip four, search three, skip four

Staff may not search visitors out of the predetermined random selection order unless reasonable

suspicion indicates the visitor’s possible involvement with prohibited activities or objects. The

shift supervisor’s approval is required to search visitors out of random order. Staff must

document all such searches (i.e., visitor name, date, information forming basis of reasonable

suspicion, search results, staff performing searches) as prescribed in Section 4b(2) of this

program statement.

(b) Reasonable Suspicion Searches. Notwithstanding staff authority to conduct random

searches, staff may also conduct reasonable suspicion searches to ensure the safety, security, and

orderly operation of Bureau facilities, and protect the public. “Reasonable suspicion” exists if a

staff member knows of facts and circumstances that warrant rational inferences by a person with

correctional experience that a non-inmate may be engaged in, attempting, or about to engage in,

criminal or other prohibited activity.

(1) Reasonable Suspicion Required. A 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 criminal or other

prohibited activities, including possession of prohibited objects.

Staff must be able to describe the subject’s specific behavior(s) and other information supporting

the inference of reasonable suspicion. Staff should immediately consult with the shift supervisor

when considering whether an additional search is justified based on reasonable suspicion. The

shift supervisor and staff member review the information and circumstances and decide whether

the situation warrants referral to the Warden.

The Warden’s authorization is required when conducting visual searches of persons based on

reasonable suspicion. Only the shift supervisor’s authorization is required to pat search a visitor

out of the established random selection order.

A reasonable suspicion may be based on:

■ observations by staff;

■ reliable information, even if confidential;

■ a positive reading by a metal detector or other electronic device; or

■ finding contraband or evidence of contraband during the search of a visitor’s belongings.

Anonymous information cannot be the basis for reasonable suspicion without reliable

corroboration.

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“Hunches,” “gut feelings,” or “mere suspicion” do not meet the reasonable suspicion standard.

However, they support continued observation, investigation, and questioning that may provide

information needed to meet the reasonable suspicion standard.

(2) Documented Searches. When a visual search is performed based on reasonable suspicion, or

when a visitor is searched out of established random order, a logbook entry must indicate:

■ date, time, and place the search is conducted;

■ persons involved (person being searched, staff conducting search, witnesses, if any);

■ circumstances justifying the search;

■ search results; and

■ action taken, if any.

If the search was based on information from a confidential informant, a memo must be sent to

the Special Investigative Supervisor, including the information provided, how the informant

found out the information, and how staff decided the information was reliable.

(3) Reasonable Suspicion Examples. Examples of situations where reasonable suspicion may

exist include:

■ Observed Suspicious Behavior. Staff may directly observe behavior that suggests

involvement with prohibited activities or objects and meets the reasonable suspicion

standard. For example, the visitor may attempt to place themselves in a processing order that

would result in no random searching or may be highly nervous during questioning.

■ Inmate Suspect List. Intelligence investigations may provide enough information to meet

the reasonable suspicion standard. Intelligence sources include monitored telephone calls,

confidential informants, mail monitoring, financial transactions, urine surveillance, etc.

Intelligence office staff provide the shift supervisor a list of inmates for whom information

exists that may justify searching their visitors out of random order.

■ Inmate Visitors Accompanying Another Visitor Found Engaging or Attempting to

Engage in Prohibited Activities. If an inmate visitor is engaged in prohibited activities or

possesses prohibited objects and is accompanied by other visitors requesting to visit the same

inmate, reasonable suspicion may exist to justify searching those other visitors.