SEARCH and SEIZURE C-455 FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: INMATE PROPERTY SEARCH AND SEIZURE NO: C-455
FILE: SEARCH AND SEIZURE
EFFECTIVE DATE: 11-04-91 REVISED: 03-02-92, 02-01-94, 08-01-02
AUTHORITY: Sheriff M. Mims APPROVED BY: Captain J. Flores
REFERENCE: Penal Code Section 4003; California Government Code 26640;
County Counsel Opinion dated June 20, 2002; People v. Loyd, 27
CalAth 997 (May 2002); and Fresno County Sheriffs Department
Detention Bureau Policies and Procedures Section D-
240/Searches of Inmates and Housing Units.
PURPOSE:
The purpose of this policy is to establish and maintain consistent and lawful procedures
regarding the search and seizure of the personal property of any inmate in custody.
POLICY:
It is the policy of the Fresno County Sheriffs Department Detention Bureau that inmates
shall have no expectation of privacy regarding any personal property they possess in their
cells or with regard to their personal clothing and property stored in compliance with Jail
policies. Searches maybe made by any law enforcement agency without a search warrant.
PROCEDURES:
I. INMATE PROPERTY SEARCH AND SEIZURES
A. Any staff member who is made aware of a law enforcement agency
request to search and/or seize an inmate's property shall notify the
affected Watch Sergeant.
B. Although not needed, if the requesting agency presents a warrant or
court order authorizing the search, a photocopy of the document shall be
scanned into the inmate's file in records.
II. LAW ENFORCEMENT REQUEST FOR INMATE PROPERTY SEARCH OR
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: INMATE PROPERTY SEARCH AND SEIZURE NO: C-455
FILE: SEARCH AND SEIZURE
SEIZURE
A. The law enforcement agency personnel requesting to search and seize
any inventoried and securely stored property belonging to an inmate
shall be accompanied by the Booking/Records Sergeant. The Sergeant
shall personally obtain and open the inmate's property in the presence of
the law enforcement agency personnel.
B. Any law enforcement agency personnel requesting to search an inmate's
housing unit shall be accompanied by the appropriate Facility Sergeant.
C. An incident report(1024)shall be completed by the Sergeant. The report
shall include, but not be limited to the following-
1. The name and badge number (or computer identification number)
of the law enforcement personnel requesting the search.
2. The name of the agency the requesting officer represents.
3. The location and property searched (e.g., housing unit, property
envelope, clothing, etc.).
4. Any personal possessions taken as a result of the search.
5. Name(s) of any other staff members present.
D. A Property Release Authority form (J-27) shall be completed.
1. Indicate the item(s) seized, the date and time of the seizure and
name and agency of the officer seizing the property.
2. The law enforcement agency personnel receiving the property shall
complete the receipt portion of the form.
3. The Sergeant shall sign the release and reference the case and
incident report numbers in the appropriate spaces.
4. The form shall serve as receipt for the property that was seized and
does not require the inmate's signature or authorization.
5. The receipt shall be scanned into the inmate's records. The
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: INMATE PROPERTY SEARCH AND SEIZURE NO: C-455
FILE: SEARCH AND SEIZURE
original form shall be placed into the inmate's property envelope or
clothing bag, as appropriate.
6. A copy of the form shall be forwarded to the inmate as notification
of the seized property.
E. A designated officer shall type a notation on the inmate's JPRP screen,
noting in the REMARKS section the property taken (e.g., Keys and wallet
released to FPD Officer White/#1234; released by Sgt.Smith;JREP#02-
12345 [date] [officer's computer number]).
F. If the search involved the inmate's property envelope, the Sergeant
involved in the search shall ensure that the envelope is resealed with
evidence tape. The Money/Property Officer shall re-file the sealed
property envelope in the inmate property room.
III. DETENTION BUREAU SEARCHES
A. Correctional officers have the unqualified right to make random,
unannounced "shakedown" searches of inmates and all areas of the jail
in the interest of jail security and staff, inmate, and public safety.
B. Illegal contraband found as the result of such a search may be seized
and processed as evidence in criminal proceedings.
C. Strip searches of inmates shall be conducted in accordance with
Detention Bureau Policy and Procedure Section D-240/Searches of
Inmates and Housing Units (FILE: SEARCHES).
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