Q.
When a strip search or visual body cavity search is conducted by same-gender staff or medical staff of either gender, what restrictions are there on supervisors or other staff and personnel of the opposite gender observing the search?
A.

Opposite-gender supervisors, staff, or other nonmedical personnel should generally not be permitted to observe the conduct of a same-gender strip search or visual body cavity search (absent exigent circumstances). In cases where supervisors who are opposite gender to the inmate being strip searched (either live or via video monitoring) are required to supervise or observe the strip search, a facility should use a privacy screen or other similar device to obstruct cross-gender viewing of an inmate’s breasts, buttocks, or genitalia. The privacy screen or other similar device need only be of sufficient height and position to obstruct viewing of the listed areas. In cases where other opposite-gender staff or personnel are in the vicinity of the strip search, similar precautions should also be used, unless the opposite-gender staff or personnel are of sufficient distance where the contours of the breasts, genitalia, or buttocks are not readily distinguishable. This interpretative guidance is not intended to require gender-specific staff posts.

Standard
Categories
Searches,
Cross-Gender Supervision