MEDICAL INTERNAL SEARCHES BY CBP
CBP treats body cavity searches and medical X-rays as highly intrusive search procedures. Physically intrusive body cavity searches must be performed by medical practitioners at medical facilities, and CBP policy imposes supervisory, consent, warrant and documentation requirements.
CBP defines a body cavity search as an internal search involving visual or physical intrusion into the rectal or vaginal cavity.
CBP policy treats physically intrusive body cavity searches as exceptional procedures, not ordinary secondary-inspection searches.
Current TEDS standards prohibit CBP officers and agents from conducting physically intrusive body cavity searches themselves. Such searches are to be performed by medical practitioners at a medical facility.
CBP standards state that physically intrusive body cavity searches should be conducted only under the most exceptional circumstances.
CBP policy requires approval from an authorized supervisor and consent or a search warrant before a body cavity search, subject to an emergency medical exception where a qualified medical practitioner determines immediate action is required to protect the detainee’s health.
CBP policy states that only medical practitioners may observe a physically intrusive body cavity search. CBP personnel may be present only for specified evidence, safety and security functions.
A medical X-ray search is an internal search used to determine whether contraband is present within the body. The X-ray must be conducted and interpreted by qualified medical practitioners at a medical facility.
CBP policy requires supervisory approval before an X-ray search.
For a voluntary X-ray, consent must be freely and voluntarily given. An involuntary X-ray requires a court order and is reserved for extraordinary circumstances.
CBP standards state that a detainee may revoke consent to an X-ray at any time. If consent is revoked, officers must tell the medical practitioner to stop the consent-based X-ray and notify a supervisor.
CBP policy prohibits involuntary X-rays of pregnant detainees and contains separate procedures when medical personnel determine that pregnancy testing is necessary before an X-ray.
CBP standards require documentation of body cavity and medical X-ray searches, including relevant authorization and results.
If a search later becomes an issue, responsive CBP inspection records may be obtainable through FOIA.
CBP policy prohibits officers and agents from conducting physically intrusive body cavity searches themselves. Those searches are performed by medical practitioners.
CBP policy states that an involuntary X-ray requires a court order and is limited to extraordinary circumstances.
CBP policy states that consent to an X-ray can be revoked at any time, including at the medical facility.
The records should show the reason for the search, supervisory authorization, medical involvement and whether consent or judicial authorization was used.