BJMP Policy On Body Search-Draft
BJMP Policy On Body Search-Draft
BJMP Policy On Body Search-Draft
date
BJMP
STANDARD OPERATING PROCEDURES
NUMBER 2010 - __________
I. REFERENCES
II. BACKGROUND/RATIONALE
The use of various types of searches shall be necessary to protect the safety of visitors,
inmates and personnel. It shall be used to detect and secure contrabands with the aim
of safeguarding the security of the facility.
However, time and again, adverse claims and reports that visitors are sexually
abused/harassed during the conduct of body searches have put the Bureau in the bad
light and our personnel to be charged with administrative/criminal litigation.
This SOP aims to provide adequate safeguards against the introduction of contraband
into jail facilities and to establish guidelines for different types of searches. All searches
should be conducted in a professional manner, without violating the legal rights of
visitors and with due respect and regard to human dignity.
ARREST - is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense.
BODY CAVITY SEARCH - is a search that probes the rectum and/or vagina for
contraband. This type of search shall only be conducted by a doctor or nurse and with
a written waiver from the subject.
CONTRABAND – any article, item, or thing prohibited by law and/or forbidden by jail
rules that would pose as security hazards or endanger the lives of inmates. For this
policy, contraband is further divided into the following categories:
DANGEROUS DRUGS – means dangerous drugs as defined in Article I Sec. 3(j), RA 9165.
Such drugs include, but not limited to, heroin, morphine, opium, cocaine or cocaine
hydrochloride, marijuana, marijuana resin, marijuana resin oil, methamphetamine
hydrochloride or “shabu”, methylenedioxymethamphetamine (MDMA) or “ecstacy”,
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic
diethylamine (LSD) and gamma hydroxybutyrae (GHB).
JAIL OFFICER OF THE DAY – a jail officer who has been delegated authority from the Jail
Warden on an assigned day to ensure that the routine operations and security of the
jail facility are carried out.
RUB SEARCH - is a search wherein the officer rubs and/or pats the subject’s body over
the clothing, but in a more intense and thorough manner. In a rub search, the genital,
buttocks, and breast (of females) areas are carefully rubbed-areas which are missed or
not carefully searched in a frisk/pat search. Rub searches shall not be conducted on
cross-gender individuals but on exigent circumstances.
STRIP SEARCH - is a search which involves the visual inspection of disrobed or partially
disrobed subject.
VISITOR - a person who enters a jail facility for a definite period of time to meet an
inmate or personnel of the Bureau or conduct an official business or activity inside the
jail.
V. GENERAL POLICY
3. If during the pat/frisk/rub search the jail officer develops probable cause that
contraband is being hidden by the subject which is not likely to be discovered, the
Jail Officer shall conduct a strip search.
The conduct of strip search shall be done provided all the following conditions are met:
1. All strip search shall be with the knowledge of and directed by the Jail Warden or in
his absence by the Deputy Warden / Jail Officer of the Day. A Strip / Body Cavity
Search Authorization (SBCSA) (Annex A) shall be accomplished for the purpose. The
SBCSA Form shall include information that the subject to be strip searched is to bring
contraband inside the jail. It shall particularly state the source of information, if
known, and the contraband to be brought in.
2. The visitor agrees to be strip searched which shall be in writing to shield the jail
officer performing the search from harassment complaints. For this purpose, the
Waiver of Right on Strip Search Form (Annex B) shall be signed by the visitor. It shall
be duly explained by the jail personnel performing the search and should be
understood by the subject.
3. All strip search must be done in the confidentiality of an enclosed space. This area
must restrict the possibility of visual access by person(s) not involved in the search.
1. The visitor shall agree to the conduct of body cavity search by accomplishing and
signing the Waiver of Right on Body Cavity Search (Annex C). A person, preferably
not a BJMP personnel, shall witness the signing of the Waiver. Failure to agree and
sign the Waiver shall constitute denial of entry to the jail facility.
2. The body cavity search shall only be performed by a jail doctor or nurse.
3. The body cavity search must be done in the confidentiality of an enclosed space.
This area must restrict the possibility of visual access by person(s) not involved in
the search.
4. In the absence of a doctor or nurse to conduct the body cavity search, the visitor
shall be required to state the purpose of his/her visit. If the purpose is to give an
item to the inmate he/she is visiting then he/she will be requested to surrender it
to the duty personnel for them to give it to the subject inmate. The item shall be
recorded in the logbook and shall be duly signed by the subject inmate upon receipt.
The visitor may view the logbook to see if the subject inmate has signed and
received the item.
1. Visitor shall be warned and his name will be entered in the list of delinquent
visitors. Contraband shall be turned over to the Property Custodian who shall
properly provide receipt and place the same in a vault or safety box. It shall be
returned to the visitor upon his or her exit.
2. Details of the delinquent visitor shall be duly recorded by the searcher and place
in a separate logbook exclusively for such visitors. It should be accessible for
other searchers.
3. Should the delinquent visitor continue to smuggle such contraband, the Warden
may deny him entry to the jail premises for security reasons.
2. The said contraband will be confiscated and may further be used as evidence
against the jail visitor in criminal action/proceeding. Observe the proper
handling of evidence that includes inventory, labelling and receipting of physical
evidence obtained.
3. Confiscated contraband shall be properly labelled and turned over to the jail
property/contraband custodian who shall turn over it to the police station
where the subject visitor shall also be referred.
4. Subject visitor shall be arrested based on Section 5 and Section 8 of Rule 113 of
the Revised Rules of Court, to wit:
(b) When an offense has just been committed and he has probable
cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it; and
(c) When an offense has just been committed and he has probable
cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it.
In cases falling under paragraphs (a) and (b) above, the person arrested
without a warrant shall be forthwith delivered to the nearest police station or
jail and shall be proceeded against in accordance with section 7 of Rule 112.”
5. A jail visitor who was found in possession of the contraband must be coordinated
and turned-over immediately to the nearest police station who shall be the one to
C. Dangerous Drugs
(1) The apprehending team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph
the same in the presence of the accused or the person/s from whom such items
were confiscated and/or seized, or his/her representative or counsel, a
representative from the media and the Department of Justice (DOJ), and any
elected public official who shall be required to sign the copies of the inventory
and be given a copy thereof;
(5) The Board shall then issue a sworn certification as to the fact of destruction or
burning of the subject item/s which, together with the representative sample/s
in the custody of the PDEA, shall be submitted to the court having jurisdiction
over the case. In all instances, the representative sample/s shall be kept to a
minimum quantity as determined by the Board;
(7) After the promulgation and judgment in the criminal case wherein the
representative sample/s was presented as evidence in court, the trial prosecutor
shall inform the Board of the final termination of the case and, in turn, shall
request the court for leave to turn over the said representative sample/s to the
PDEA for proper disposition and destruction within twenty-four (24) hours from
receipt of the same….”
X. SEPARABILITY CLAUSE
In the event that any provision or part of the policy be declared unauthorized or
rendered invalid by a competent authority, those provisions not affected by such
declaration shall remain valid and effective.
All other existing issuances which are inconsistent with this policy are hereby rescinded
or modified accordingly.
Name and Rank of Jail Personnel who will Conduct the Search _____________________________________
Subject’s Name: ___________________________
Probable cause exists for [ ] strip search or [ ] body cavity search of the above named individual.
_____________________ ___________________
Signature of Jail Personnel Signature of Warden
Instruction to the Searcher: Searches are to be conducted in the least intrusive manner, while ensuring
accomplishment of the intended purpose, yet maintaining respect for individual dignity and insuring the greatest
level of privacy.
[ ] STRIP SEARCH:
[ ] HEAD: Check nose, ears and mouth. Have subject shake out his/her hair. Check under the tongue and
around teeth.
[ ] ARMS & SHOULDERS: Instruct the subject to raise arms and check arm pits. Examine the subject with
fingers spread and extended.
[ ] FEET: Check bottom of the feet and in between toes.
[ ] BANDAGES & CASTS: Examination of any prosthesis or false teeth will be accomplished with the
assistance of facility medical personnel or qualified medical professional.
** If individualized probable cause exists which indicates that contraband may be concealed in area not
visible using normal search procedures, a Body Cavity Search may be approved by the Warden or his duly
authorized representative. Approval must be granted before a Body Cavity Search is conducted.
[ ] THIS SEARCH PRODUCED THE FOLLOWING CONTRABAND. The following action(s) was/were taken:
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
_________________
Signature of Visitor
Lagda ng Dalaw
___________________________
Name and Signature of Witness
Pangalan at Lagda ng Saksi
____________________
Date and Time of Search
Petsa at Oras ng Paghalughog
Annex C
_________________
Signature of Visitor
Lagda ng Dalaw
___________________________
Name and Signature of Witness
Pangalan at Lagda ng Saksi
____________________
Date and Time of Search
Petsa at Oras ng Paghalughog