Section 81-6-006 - Inmate Searches Facility policies and procedure regarding pat searches, strip searches, and body cavity searches shall be consistent with the following provisions:
006.01 General Search Procedures Facility employees shall thoroughly search inmates for contraband upon admission and as otherwise necessary to maintain security and control of the facility.
006.01A All searches shall be conducted in a manner which preserves the dignity of the inmate to the greatest extent possible.006.01B All searches shall be of the least intrusive type necessary to satisfy the safety and security needs of the facility.006.01C All strip searches and body cavity searches shall be conducted by facility employees of the same sex as the inmate, except for qualified medical employees acting pursuant to Chapter 6.006.04 B. Except in cases of emergency, all pat searches should be conducted by facility employees of the same sex. If an inmate objects to a pat search by an employee of the opposite sex which involves touching the genital or buttocks areas, or the breast area of a female inmate, an employee of the same sex as the inmate must be summoned to conduct the search.006.01D All strip searches and body cavity searches shall be conducted in an area made private from the observation of persons not physically conducting the search and persons not present to ensure the safety of those persons conducting the search.006.01E Upon admission, inmates shall also be inspected for body vermin, cuts, bruises, needle scars, or other injuries to the greatest extent possible given the type of search being conducted.006.02 Pat Searches Pat searches involve the touching and feeling of the inmate's clothed body to detect contraband.
006.02A The pat search shall be considered the initial method of searching inmates upon admission.006.02B The pat search shall also be considered the routine method of searching inmates already lodged in the facility. These searches may be conducted at any time needed to maintain security and control.006.03 Strip Searches Strip searches involve the removal of all articles of clothing and a visual inspection of the inmate's nude body including a visual examination of the outer genital area and inside the mouth, nostrils, and ears.
006.03A Strip searches of inmates upon admission are authorized only upon individualized determination of reasonable suspicion or probable cause as set forth below: 006.03A1 When there is reasonable suspicion that the inmate has on his person contraband, weapons, criminal evidence, or other things concealed which present a threat to the safety and security of the facility;006.03A2 When there is reasonable suspicion that a strip search is necessary to confirm the presence of a health condition requiring immediate medical treatment; or006.03A3 When there is probable cause to believe that a strip search is necessary to confirm the presence of other criminal evidence concealed on the inmate's body.006.03B For the purposes of subparagraph 006.03A 1 above, reasonable suspicion shall be deemed present when: 006.03B1 Charges involve a crime of violence as described by Nebraska Revised Statutes Section 28-301 through 324 and 28-329 through 333 or any successor statutes;006.03B2 Charges involve escape, burglary, or the use of a weapon;006.03B3 Charges involve the possession of a drug or controlled substance an/or drug paraphernalia;006.03B4 Inmate's prior record indicates arrest or conviction for one of the above offenses; or006.03B5 The inmate is combative or displays behavior which indicates he is likely to attempt to introduce contraband into the facility.006.03C Before a strip search can be conducted on an inmate upon admission, best efforts must be made to use less intrusive methods such as pat searches, electronic metal detector or searches of the inmate's clothing.006.03DDocumentation. A written record of any strip search of an inmate upon admission shall be prepared and maintained in the inmate's individual file. This record shall include: 006.03D1 The name and sex of the facility employee conducting the search and each other person present during the search; 006.03D2 The time, date and place of the strip search;006.03D3 A statement of the results of the search along with a list describing any weapons, contraband, criminal evidence, or health condition discovered during the search; and006.03D4 A statement of the facts which led jail employees to believe there was reasonable suspicion or probable cause to conduct the strip search.006.03E Strip searches of inmates while lodged in the facility after initial court appearance may be conducted at such times when there exists reasonable suspicion that contraband has been, or will be, introduced into the facility.006.04 Body Cavity Searches Body cavity searches involve the examination and possible intrusion into the rectal or vaginal cavities. No body cavity searches shall be conducted unless there exists probable cause to believe that contraband will be discovered. No body cavity search shall be conducted without prior authorization by the administrator or his designee.
006.04A No body cavity search shall be conducted unless a thorough pat search, strip search or search of the inmate's clothing do not satisfy the safety and security needs of the facility.006.04B Body cavity searches shall be performed under accepted sanitary conditions and only by a qualified medical employee.006.04CDocumentation. A record of the body cavity search shall be prepared and maintained in the inmate's individual file. The record shall include: 006.04C1 A statement of the facts which led jail employees to believe there was probable cause to conduct the body cavity search;006.04C2 The name and sex of each person conducting or observing the search;006.04C3 The time, date and place of the search; and006.04C4 A statement of the results of the search with a list describing the items removed from the inmate as a result of the search.81 Neb. Admin. Code, ch. 6, § 006