BOP Program Statement 5510.16 § 5

Staff are prohibited from using search methods not authorized by this or another specific Bureau

policy.

Visitors using assistance devices (wheelchairs, prosthetics, etc.) must still be searched per this

policy, insofar as practicable. Specific situations may require alternative security devices,

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including a hand-held metal detector or ion spectrometry device, to examine the assistance

device.

§ 511.16 How searches will be conducted.

You may be searched by any of the following methods before entering, or while inside, a Bureau

facility or Bureau grounds:

(a) Electronically.

(1) You and your belongings may be electronically searched for the presence of contraband,

either randomly or upon reasonable suspicion.

(2) Examples of electronic searches include, but are not limited to, metal detectors and ion

spectrometry devices.

The shift supervisor must ensure electronic searching devices are tested daily to ensure proper

operation. Staff operating electronic search devices must be properly trained and certified.

Procedures for performing electronic searches of Bureau staff are detailed in the Program

Statement Staff Entrance and Search Procedures.

Metal detection device alarm tolerance levels must be set to effectively identify metallic

contraband (e.g., weapons). Test results must be recorded in a log. Alarm tolerances for

electronic search devices used on visitors must be synchronized within the same facility.

Visitors failing to clear a walk-through metal detector must be searched using a hand-held metal

detector. Failure to clear the hand-held metal detector may qualify as reasonable suspicion to

perform a further pat or visual search.

Some situations may not be remedied by a pat search, thus requiring a limited visual search. For

example, a concealed medical device (e.g., knee brace under clothing, or insulin delivery system)

may trigger the walk-through and hand-held metal detectors. In such cases, a limited visual

search will ordinarily be required to confirm the device’s presence and qualification as a

permitted object. Similarly, some items of clothing (e.g., underwire bra) may trigger the metal

detectors, thus requiring a limited visual search for the same reason. In both cases, it is important

a limited visual search always be performed discreetly, in a private area away from others, and

by staff members of the same sex as the visitor being searched. Visual searches conducted by

staff members of the opposite sex are only permitted in emergency situations with the Warden’s

authorization. The situations described above do not rise to the level of such an emergency, but

rather simply may cause a processing delay until a same-sex staff member and Warden’s

authorization are available.

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X-ray screening and ion spectrometry devices may be used routinely, or in addition to visual

searching of personal containers and belongings.

See the Program Statement Ion Spectrometry Device Program for procedures regarding use of

the ion spectrometry device.

(b) Pat Search.

(1) You and your belongings may be pat searched either randomly or upon reasonable

suspicion.

(2) A pat search of your person or belongings involves a staff member pressing his/her hands

on your outer clothing, or the outer surface of your belongings, to determine whether

prohibited objects are present.

(3) Whenever possible, pat searches of your person will be performed by staff members of

the same sex. Pat searches may be conducted by staff members of the opposite sex only in

emergency situations with the Warden's authorization.

Except in emergencies, pat searches of visitors must be conducted by staff of the same sex as the

visitor being searched. Where possible, pat searches should be conducted out of the view of other

visitors and inmates. Where possible, privacy screens near the general processing area for more

detailed searches should be utilized.

(1) Religious Headwear. Religious headwear is not considered part of a visitor’s belongings, but

rather their person. Random pat searches should not ordinarily include removal and inspection of

religious headwear. Except in emergencies, Warden authorization is required before staff pat or

visually search religious headwear.

Bureau policy does not require the higher degree of “reasonable suspicion” before searching

religious headwear. Such searches may occur with the Warden’s authorization after considering

the factors listed below. Searches of religious headwear should be conducted out of the view of

other visitors and inmates.

Before approving a pat or visual search of religious headwear, the Warden must carefully

consider whether it is necessary and appropriate. Specific factors to consider include:

■ reason for the visitor’s presence in the facility (e.g., inmate visitor or contract chaplain),

■ whether the visitor and headwear cleared a metal detector or other electronic searching

device,

■ the credentials of the visitor,

■ the visitor’s relationship to the inmate, and

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■ any additional relevant information.

Pat or visual searches of religious headwear must be documented in the same manner as

reasonable suspicion searches, in accordance with Section 4b(2) of this program statement.

Religious headwear that obscures a visitor’s face must be removed sufficiently to reveal the face

for identification upon entering and leaving facilities and does not require the heightened

conditions described above or documentation. In these cases, the entire headwear need not be

removed if partial removal will reveal the face for identification.

(c) Visual Search. You and your belongings may be visually searched as follows:

(1) Person.

(i) A visual search of your person involves removing all articles of clothing, including

religious headwear, to allow a visual (non-tactile) inspection of your body surfaces and

cavities.

(ii) Visual searches of your person must always be authorized by the Warden or his/her

designee and based on reasonable suspicion; random visual searches are prohibited.

(iii) When authorized, visual searches will be performed discreetly, in a private area away

from others, and by staff members of the same sex as the non-inmate being searched.

Visual searches may be conducted by staff members of the opposite sex in emergency

situations with the Warden's authorization.

(iv) Body cavity (tactile) searches of non-inmates are prohibited.

(2) Belongings. A visual search of your belongings involves opening and exposing all

contents for visual and manual inspection, and may be done either as part of a random search

or with reasonable suspicion.

(1) Visual Searches of Persons. Visual searches of persons may only be conducted when

authorized by the Warden upon reasonable suspicion that the subject is engaged, or attempting to

engage, in prohibited activities, including possession of prohibited objects.

Visual searches must be conducted out of the view of others, in areas that can be secured from

unexpected entry.

Except for emergencies, as authorized by the Warden, visual searches must be conducted by staff

of the same sex as the person being searched.

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The special concerns in searching religious headwear apply to visual searches of those items as

well.

(2) Visual Searches of Belongings. Visual searches of personal belongings may be conducted

randomly, as defined in Section 4a of this program statement. They may be done with an x-ray

screening device. Visual searches of belongings are conducted as follows:

■ Belongings and contents should not be handled carelessly, or in a manner that attracts

unnecessary attention by others in the area.

■ Staff should not make unnecessary or inappropriate comments regarding visitors’ belongings

that might cause embarrassment.

■ All containers (e.g., purses, backpacks, and medication [prescription or over-the-counter])

must be opened and inspected.

(3) Visual Searches of Vehicles. Visual searches of visitors’ vehicles may be conducted

randomly, as defined in Section 4a of this program statement, as follows:

■ A minimum of two staff are required for a vehicle search.

■ The driver of the vehicle must be present (if reasonably available), at least 20 feet away from

the vehicle, under direct supervision of one staff member.

■ The other staff member will visually search areas of the car that are reasonably accessible –

engine compartment, under seats, interior compartments, trunks, and inside any containers in

the vehicle.

■ Keys for locked compartments or containers must be provided to staff who unlock them

rather than allowing the driver to do so. Refusal to provide keys is a refusal to submit to the

search.

■ Staff may not pry, force, or break open any areas to obtain access.

(d) Drug Testing.

(1) You may be tested for use of intoxicating substances by any currently reliable testing

method, including, but not limited to, breathalyzers and urinalysis.

(2) Drug testing must always be authorized by the Warden or his/her designee and must be

based on reasonable suspicion that you are under the influence of an intoxicating substance

upon entering, or while inside, a Bureau facility or Bureau grounds.

(3) Searches of this type will always be performed discreetly, in a private area away from

others, and by staff members adequately trained to perform the test. Whenever possible,

urinalysis tests will be conducted by staff members of the same sex as the non-inmate being

tested. Urinalysis tests may be conducted by staff members of the opposite sex only in

emergency situations with the Warden's authorization.

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Visitors intoxicated by alcohol or drugs can seriously jeopardize the safety, security, and orderly

operation of facilities and threaten public safety. Their presence cannot be permitted.

Visitors intoxicated by any substance may be denied entry even if the source of the behavior is

claimed to be authorized medication. Identification of the specific drug or chemical is not

necessary to disallow entry.

Drug testing can only occur when authorized by the Warden upon reasonable suspicion that the

visitor is currently under the influence of a drug, and that such influence jeopardizes the safety,

security, or orderly operation of the facility, or threatens public safety. Staff conducting drug tests

must be properly trained and certified.

For the purposes of this program statement a “drug” includes, but is not limited to, alcohol,

narcotics, illicit drugs, and any other intoxicating substance.

Drug testing is conducted as follows:

■ staff must directly supervise and observe the specimen collection and

■ urine specimen collection must occur in a sex-appropriate restroom or private medical exam

area, directly supervised by staff of the same sex as the visitor being tested.