PERSONAL SEARCHES DURING CBP INSPECTION
CBP standards permit different types of personal searches during border processing. An immediate pat-down or Terry frisk is an external search used for officer safety, while searches incident to arrest and more intrusive searches follow separate standards.
CBP Transport, Escort, Detention and Search standards describe an immediate pat-down or Terry frisk as an external search necessary to ensure officer safety.
A pat-down should not automatically be treated as a strip search or body cavity search. CBP policy treats those as different search categories.
CBP standards state that an immediate pat-down should focus on areas where an officer suspects a weapon or dangerous object may be concealed. In some circumstances CBP may search the entire detainee to ensure that a weapon or dangerous object is not present.
CBP standards state that an immediate safety search can include removal of shoes to determine whether a weapon is present.
CBP policy distinguishes removing shoes for an immediate officer-safety search from removing them solely to look for merchandise or contraband under that particular frisk authority.
CBP standards separately describe an external search incident to lawful arrest. That search can include a search for dangerous weapons and evidence, with the circumstances affecting how intrusive the search must be.
CBP detention standards require searches to be conducted in a professional, thorough and reasonable manner consistent with the type of search required.
CBP detention policy and current PREA audit materials state that, when operationally feasible, personal searches should be conducted by personnel of the same gender, gender identity or declared gender as the detainee being searched.
A pat-down should not be confused with biometric processing. CBP may collect fingerprints for separate identity or immigration-processing reasons.
No. CBP policy separately recognizes immediate officer-safety pat-downs and searches incident to a lawful arrest.
CBP standards permit shoe removal where necessary during an immediate safety search to determine whether a weapon is present.
No. A strip search involves arranging or removing clothing to permit visual inspection of breasts, buttocks or genitalia and is subject to additional safeguards.
The legal and policy analysis differs substantially between an external pat-down, a strip search and a medical internal search.