DOC 328.22(1) (1) General policy. A search of an offender, the offender’s living quarters or property, or seizure of the offender’s body contents may be made at any time, but only in accordance with this section. Strip searches or body cavity searches are prohibited. For purposes of this section, the mouth is not a body cavity.

DOC 328.22(2) (2) Justification. A search or seizure is appropriate and consistent with the goals and objectives of supervision under any of the following circumstances:

DOC 328.22(2)(a) (a) When an employee has reasonable grounds to believe the offender possesses contraband or evidence of a rule violation on or within his or her person or property.

DOC 328.22(2)(b) (b) With the consent of the offender, when a search or seizure is necessary to verify compliance with the rules.

DOC 328.22(2)(c) (c) When ordered by the court.

DOC 328.22(3) (3) Reasonable grounds. In deciding whether there are reasonable grounds to believe that an offender has used, possesses or is under the influence of an intoxicating substance, that an offender possesses contraband, or that an offender’s living quarters or property contain contraband or evidence of a rule violation, an employee may consider any of the following:

DOC 328.22(3)(a) (a) The observations of employees.

DOC 328.22(3)(b) (b) Information provided by informants. In evaluating the reliability of the information and the informant, the employee shall consider the following:

DOC 328.22(3)(b)1. 1. The detail, consistency, and corroboration of the information provided by the informant.

DOC 328.22(3)(b)2. 2. Whether the informant has provided reliable information in the past and whether the informant has reason to provide inaccurate information.

DOC 328.22(3)(c) (c) The activity of the offender.

DOC 328.22(3)(d) (d) Information provided by the offender.

DOC 328.22(3)(e) (e) The experience of the employee with that offender or in a similar circumstance.

DOC 328.22(3)(f) (f) Prior seizures of contraband from the offender.

DOC 328.22(4) (4) Informing the offender. Whenever possible before a search or seizure is conducted, an employee shall inform the offender of all of the following:

DOC 328.22(4)(a) (a) A search or seizure is about to occur.

DOC 328.22(4)(b) (b) The reason for the search or seizure.

DOC 328.22(4)(c) (c) The method for conducting the search or seizure.

DOC 328.22(4)(d) (d) The place where the search or seizure is to occur.

DOC 328.22(4)(e) (e) The consequences of not complying with the search or seizure.

DOC 328.22(5) (5) Pat down. A pat-down may be conducted at any time an employee has a reasonable concern that an offender may possess a weapon or other object which may be used as a weapon. After a pat-down, if the employee has reasonable grounds to believe that the offender may be in possession of a weapon or contraband, the employee may proceed with a personal search of the offender.

DOC 328.22(6) (6) Personal search.

DOC 328.22(6)(a) (a) Any staff member may conduct a personal search of an offender.

DOC 328.22(6)(b) (b) Every personal search shall be documented in the offender’s case record.

DOC 328.22(7) (7) Search of living quarters or property.

DOC 328.22(7)(a) (a) An agent shall obtain supervisory approval prior to any search under this subsection.

DOC 328.22(7)(b) (b) The employee who conducted the search shall complete a written report of every search of an offender’s living quarters or property. The report shall state all of the following:

DOC 328.22(7)(b)1. 1. The identity of the offender whose living quarters or property was searched.

DOC 328.22(7)(b)2. 2. The identity of any employee who conducted the search and any other persons present during the search.