INTRUSIVE PERSONAL SEARCHES IN CBP CUSTODY
CBP defines a strip search as requiring a person to remove or arrange some or all clothing so officers can visually inspect the breasts, buttocks or genitalia for contraband. CBP policy imposes additional approval, privacy and documentation requirements for this type of search.
The TEDS standards define a strip search as requiring a detainee to remove or arrange clothing to permit visual inspection of breasts, buttocks or genitalia in connection with a search for contraband.
A strip search is materially different from an ordinary pat-down and is subject to additional CBP safeguards.
CBP standards state that officers or agents must obtain approval from a supervisor authorized under the applicable operational policy before conducting a strip search. Telephonic approval is permitted.
The reason for the strip search and the authorizing supervisor must be documented in the appropriate CBP electronic system of record.
CBP policy requires strip searches to be conducted in a manner and location providing the greatest degree of privacy possible. The number of officers present must be limited to the minimum necessary to conduct and witness the search.
CBP standards state that the detainee generally should remove their own clothing during a strip search. Officers should not ordinarily touch the detainee unless the person refuses to remove clothing or otherwise impedes the search.
If an officer must physically touch the detainee or remove clothing in those circumstances, CBP policy requires documentation of the circumstances.
Removal of a prosthetic device can fall within strip-search procedures. CBP policy requires medical assistance when the detainee cannot safely remove the device. CBP officers are not permitted to probe or remove an attached cast themselves; qualifying concerns involving a cast require medical handling.
A strip search is a visual inspection involving clothing removal or arrangement. A body cavity search involves visual or physical intrusion into the rectal or vaginal cavity and is governed by a separate, more restrictive CBP policy.
Preserve details of the location, time, officers involved, witnesses and what occurred. A conduct complaint or civil-rights complaint may be appropriate depending on the facts.
Yes. Current CBP TEDS standards expressly require supervisory approval before conducting a strip search.
CBP policy requires the greatest degree of privacy possible and limits the personnel present to the minimum necessary.
No. CBP treats strip searches and body cavity searches as separate categories with different procedures.
Strip searches have specific approval, privacy and documentation rules. The CBP record and the traveler’s contemporaneous account can be important if the search is later challenged.