Strip Searches

The purpose of this policy is to set forth a lawful and uniform procedure for determining when a strip search may be conducted.

Policy:   Strip Searches

Author:   Chief Joseph M. Hallman

WILEAG Standard: 1.7.7

Issue Date:   June 1, 2021

Reviewed Date:  April 8, 2026

Revised Date:  April 8, 2026

 

Purpose:

The purpose of this policy is to set forth a lawful and uniform procedure for determining when a strip search may be conducted.

Policy:

It is the policy of the UW-Platteville Police Department to protect the rights of detainees. Strip searches are to be performed only under circumstances as set forth in this policy and in accordance with Wis. Stat. §968.255. A search warrant authorizing the search of a specific person does not automatically allow a strip search and must be complied with. Departmental personnel are not authorized under any circumstances to conduct a body cavity search.

Definitions:

1. Strip search- a search in which a detained person’s genitals, pubic area, buttock, anus, or a detained female’s breast, is uncovered and either is exposed to view or is touched by a person conducting the search.
2. Body Cavity Search- a search of the interior of the anus or vagina.

Procedures:

1. No person may be the subject of a strip search unless he/she is arrested or detained, in accordance with Wis. Stat. §968.255(1).
   1. No person held at any law enforcement facility shall be subjected to a strip search unless there is reasonable suspicion based upon specific and articulable facts to believe the person has a health condition requiring immediate medical attention, or is concealing a weapon or contraband.  Probable cause to believe the person is concealing a weapon or an item that may constitute evidence of the offense for which the person is arrested is required if the person is arrested for a violation of state law punishable by forfeiture, any local ordinance, or a misdemeanor offense other than the following list of offenses that involve weapons or violence: (1.7.7)
      1. Wis. Stat. §167.30(1)
      2. Wis. Stat. §940.19
      3. Wis. Stat. §941.20(1)
      4. Wis. Stat. §941.23
      5. Wis. Stat. §941.237
      6. Wis. Stat. §941.231
      7. Wis. Stat. §948.60
      8. Wis. Stat. §948.61
   2. Factors to be considered in determining reasonable suspicion or probable cause include, but are not limited to:
      1. The detection of an object during a custody search that may be a weapon or contraband and cannot be safely retrieved without a strip search.
      2. Circumstances of a current arrest that specifically indicate the individual may be concealing a weapon or contraband.
         1. A felony arrest charge or being under the influence of a controlled substance should not suffice as reasonable suspicion absent other facts.
   3. Custody history (e.g., past possession of contraband while in custody, assaults on department members, escape attempts).
   4. The individual’s actions or demeanor.
   5. Criminal history (i.e., level of experience in a custody setting).
   6. No transgender or intersex individual shall be searched or examined for the sole purpose of determining the individual’s genital status. If the individual’s genital status is unknown, it may be determined during conversations with the person, by reviewing medical records, or as a result of a broader medical examination conducted in private by a medical practitioner (28 CFR 115.115).
2. Strip searches by UW-Platteville Police Officers shall be conducted as follows (28 CFR 115.115; Wis. Stat. §968.255): (1.7.7)
   1. Written authorization from the Police Chief shall be obtained prior to the strip search.
   2. All members involved with the strip search shall be of the same sex as the individual being searched.
   3. All strip searches shall be conducted in a professional manner under sanitary conditions and in a secure area of privacy so that it cannot be observed by those not participating or assisting in the search. The search shall not be reproduced through a visual or sound recording.
   4. Whenever possible, a second member of the same sex should assist with the search for security and as a witness to the finding of evidence.
   5. Members conducting a strip search shall not touch the breasts, buttocks or genitalia of the individual being searched.
   6. The primary member conducting the search shall prepare a written report to include:
      1. The facts that led to the decision to perform a strip search.
      2. The reasons less intrusive methods of searching were not used or were insufficient.
      3. The written authorization for the search, obtained from the Police Chief.
      4. The name of the individual who was searched.
      5. The name and sex of the members who conducted the search.
      6. The name, sex and role of any person present during the search.
      7. The time and date of the search.
      8. The place at which the search was conducted.
      9. A list of the items, if any, that were recovered.
      10. The facts upon which the member based his/her belief that the individual was concealing a weapon or contraband.
   7. No member should view an individual's private underclothing, buttocks, genitalia or female breasts while that individual is showering, performing bodily functions or changing clothes, unless he/she otherwise qualifies for a strip search. However, if serious hygiene or health issues make it reasonably necessary to assist the individual with a shower or a change of clothes, a supervisor should be contacted to ensure reasonable steps are taken to obtain the individual's consent and/or otherwise protect his/her privacy and dignity.
   8. A copy of the completed report shall be maintained and given to the individual who was searched.
3. Strip Search of Physically Disabled Persons (Wis. Stat. §968.256)
   1. “physically disabled person” means a person who requires an assistive device for mobility including, but not limited to, a wheelchair, brace, crutch, or artificial limb.
   2. A search of a physically disabled person shall be conducted in a careful manner.  If a search of a physically disabled person requires the removal of an assistive device or involves a person lacking sensation in some portion of their body, the search shall be conducted with extreme care by a person who has had training in handling physically disabled persons.
4. Body Cavity Search
   1. Departmental personnel are not authorized under any circumstances to conduct a body cavity search. Body cavity searches shall only be conducted by a physician, physician’s assistant, or registered nurse licensed to practice in this state. Body cavities include the interiors of the anus and vagina. Intrusive searches of the mouth, nose, or ears, meaning searches which require the insertion of a finger or some object into the orifice are not considered to be a body cavity search; however, when practical they may also be conducted by medical personnel.
5. Training (1.7.7)
   1. Members who may conduct a strip search as part of their duties shall also be given annual training on this policy and any related department procedures (Wis. Stat. §968.255).