BJMP Policy On Body Search-Draft
BJMP Policy On Body Search-Draft
BJMP Policy On Body Search-Draft
date
BJMP
STANDARD OPERATING PROCEDURES
NUMBER 2010 - __________
POLICY ON THE CONDUCT OF BODY SEARCHES ON ALL
JAIL VISITORS
I.
REFERENCES
1. Memorandum dated 30 April 2002 re: Prohibiting Female Lesbian
Jailguards to Perform Search and Custodial Functions on Female
Inmates and Visitors;
2. Memorandum dated 30 November 2001 re: Policy on Strip Search;
3. Memorandum dated 11 January 2001 re: Conduct of Strip or Body
Search;
4. Chapter 200, Section 2.29 of Pinal County Sheriffs Office Adult
Detention Center Facility Procedures re: Admission Searches;
5. Strip Searches and Pat Searches, Number 09-01-22, Boulder
County Jail Policy Procedure Manual;
6. BJMP Revised Manual 2007;
7. BJMP SOP 2004-02 dated 14 November 2004 re: Control of
Contraband and Physical Evidence;
8. Blacks Law Dictionary. Abridged Fifth Edition. West Publishing, 1979;
9. Revised Rules of Court of the Philippines;
10.
Republic Act no. 9165 The Comprehensive Dangerous
Drugs Act of 2002
11.
Republic Act no. 7438 - An Act Defining Certain Rights of
Person Arrested, Detained or Under Custodial Investigation as well as
the Duties of the Arresting, Detaining and Investigating Officers, and
Providing Penalties for Violations Thereof; and
12.
Dangerous Drugs Board Regulation No. 1, s. 2002 re:
Guidelines on the Custody and Disposition of Seized Dangerous
Drugs, Controlled Precursors and Essential Chemicals, and
Laboratory Equipment.
II.
BACKGROUND/RATIONALE
The use of various types of searches shall be necessary to protect the
safety of visitors, inmates and personnel. It shall be used to detect
and secure contrabands with the aim of safeguarding the security of
the facility.
However, time and again, adverse claims and reports that visitors are
sexually abused/harassed during the conduct of body searches have
put the Bureau in the bad light and our personnel to be charged with
administrative/criminal litigation.
While the conduct of various types of searches is indispensible in our
campaign to prevent the entry of contrabands, it should be
reasonably implemented with utmost care and fairness to protect the
rights of the subject as well as shield the jail personnel from
harassment complaints.
III. PURPOSE AND SCOPE
This SOP aims to provide adequate safeguards against the
introduction of contraband into jail facilities and to establish
guidelines for different types of searches. All searches should be
conducted in a professional manner, without violating the legal rights
of visitors and with due respect and regard to human dignity.
IV. DEFINITION OF TERMS
ARREST - is the taking of a person into custody in order that he may
be bound to answer for the commission of an offense.
BODY CAVITY SEARCH - is a search that probes the rectum and/or
vagina for contraband. This type of search shall only be conducted
by a doctor or nurse and with a written waiver from the subject.
CONTRABAND any article, item, or thing prohibited by law and/or
forbidden by jail rules that would pose as security hazards or
endanger the lives of inmates. For this policy, contraband is further
divided into the following categories:
GENERAL POLICY
1. Searches are to be conducted in the least intrusive manner, while
ensuring accomplishment of the intended purpose, yet
maintaining respect for individual dignity and insuring the greatest
level of privacy. Personnel performing searches shall not be
allowed to talk/discuss the search they performed unless directed
by the court or warden.
2. All visitors before being allowed entry into the jail must be
requested to submit the things they carry to a thorough inspection
and a thorough body search to prevent the entry of contraband in
our jails.
X.
SEPARABILITY CLAUSE
10
11
XII. EFFECTIVITY
This policy shall take effect immediately.
ROSENDO M DIAL,
CESO III
Jail Director
Chief, BJMP
12
(DSC)
Annex A
___________________
Signature of
Instruction to the Searcher: Searches are to be conducted in the least intrusive manner,
while ensuring accomplishment of the intended purpose, yet maintaining respect for
individual dignity and insuring the greatest level of privacy.
[ ] STRIP SEARCH:
[ ] HEAD: Check nose, ears and mouth. Have subject shake out his/her hair. Check
under the tongue and around teeth.
[ ] ARMS & SHOULDERS: Instruct the subject to raise arms and check arm pits.
Examine the subject with fingers spread and extended.
[ ] FEET: Check bottom of the feet and in between toes.
[ ] BANDAGES & CASTS: Examination of any prosthesis or false teeth will be
accomplished with the assistance of facility medical personnel or qualified medical
professional.
** If individualized probable cause exists which indicates that contraband may be
concealed in area not visible using normal search procedures, a Body Cavity Search
may be approved by the Warden or his duly authorized representative. Approval must
be granted before a Body Cavity Search is conducted.
[ ] BODY CAVITY SEARCH:
[ ] BREAST: Have the subject lift the breast, visually inspect.
[ ] GROIN: Inspect around penis, testicles or if female check the area of the vagina.
[ ] RECTAL: Instruct the subject to bend over/squat and spread the cheeks of the
buttocks.
[ ] THIS SEARCH PRODUCED THE FOLLOWING CONTRABAND. The following action(s)
was/were taken:
__________________________________________________________________________________________
_
__________________________________________________________________________________________
__________________________________________________________________________________________
__
ADDITIONAL JAIL PERSONNEL PRESENT DURING SEARCH (if any)
1. __________________________________ Signature: ___________________________________
2. __________________________________ Signature: ___________________________________
3. __________________________________ Signature: ___________________________________
RATIONALE FOR ADDITIONAL JAIL PERSONNEL:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
Annex B
I,________________,
____________________
visitor
Ako si
of
inmate/s
dalaw ni/nina
strip search
by
authorized
BJMP personnel
I
therefore have understood the foregoing
statements and
at
Samakat uw i d,
aki n
_________________
Signature of Visitor
Lagda ng Dalaw
___________________________
Name and Signature of
Witness
Pangalan at Lagda ng Saksi
____________________
Date and Time of Search
Petsa at Oras ng Paghalughog
Annex C
I,________________,
____________________
visitor
Ako si
of
inmate/s
dalaw ni/nina
ditoy
sa
body cavity
search
doctor/nurse of BJMP .
body
BJMP
cavity
search
ng
kusang loob na
by
an authorized
otorisadong
doktor / nars
ng
I
therefore have understood the foregoing
statements and
at
Samakat uw i d,
aki n
_________________
Signature of Visitor
Lagda ng Dalaw
___________________________
Name and Signature of
Witness
Pangalan at Lagda ng Saksi
____________________
Date and Time of Search
Petsa at Oras ng Paghalughog