Section 77-6-007 - Inmate SearchesFacility policies and procedure regarding pat searches, strip searches, and body cavity searches shall be consistent with the following provisions:
007.01General Search Procedures. Facility employees shall thoroughly search inmates to control contraband when they are returning to the facility and as otherwise necessary to maintain security and control of the facility.
007.01A All searches shall be conducted in a manner which preserves the dignity of the inmate to the greatest extent possible.007.01B All searches shall be of the least intrusive type necessary to satisfy the safety and security needs of the facility.007.01C 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, paragraph 007.04B. Except in cases of emergency, all pat searches should be conducted by facility employees of the same sex.007.01D 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.007.02Pat Searches. The pat search shall be considered the initial method of searching inmates upon reception.
007.02A 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.007.03Strip Searches . Strip searches of the inmate population are authorized to control the possession of contraband in the facility.
007.03A Strip searches of inmates when returning to the facility may be conducted to prevent the introduction of contraband, weapons, criminal evidence, or other things concealed on the inmates body which present a threat to the safety and security of the facility;007.03B Strip searches of inmates are authorized when there is reasonable suspicion that a strip search is necessary to confirm the presence of a health condition requiring immediate medical treatment;007.04Body Cavity Searches. 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.
007.04A 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.007.04B Body cavity searches shall be performed under private and accepted sanitary conditions and only by a qualified medical employee.007. 04CDocumentation. A record of the body cavity search shall be prepared and maintained in the inmate's individual file. The record shall include: 007.04C1 A statement of the facts which led facility employees to believe there was probable cause to conduct the body cavity search;007.04C2 The name and sex of each person conducting or observing the search;007.04C3 The time, date and place of the search; and007.04C4 All physical evidence obtained through a search, in connection with a violation of law and/or facility regulation is preserved, controlled and disposition made. Facility procedures address Chain of Custody, Evidence Handling, location and storage requirements.77 Neb. Admin. Code, ch. 6, § 007