Subchapter 71.1

TRANSPORT OPERATIONS

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GENERAL ORDER NO. 71.1

71.1.1  PRE-TRANSPORT PRISONER SEARCHES

The safety and security of the prisoner transport deputy(s) and the public are the responsibility of the transporting deputy(s). Deputies should assume that the prisoner may have received contraband prior to the time he was transported. Before placing a prisoner in a Lafourche Parish Sheriff's Office vehicle for transportation, the transporting deputy shall search the prisoner making sure no weapons and contraband were overlooked. The deputy should never assume a search was made by another deputy. Prisoners shall be searched each time they come into the transporting deputy’s custody including, but not limited to, transport to and from court appearances.

A.  Types of Searches

1.  Pat/Frisk Search – The search of outer clothing for weapons for the deputy’s safety.

2.  Field/Body Search – A search of the entire person is completed by going through clothing, shoes, pockets, searching hair, ears, mouth, groin areas, and breast of female prisoners. The search is conducted after the arrest and is completed without removing any clothing.

a.  The back of the hand is used to search the groin area of each gender by either gender.

b.  The female breast area is searched from the breastbone outward along the inside, underside, and outside of the breast with the ridge of the thumbs.

3.  Strip Search – Shall always be conducted in a private area by two deputies of the same gender as the prisoner. During a strip search, the deputies shall avoid touching the prisoner. The search shall be conducted systematically removing one article of clothing at a time and searching it. Once undressed, the following areas shall be checked for contraband and/or weapons.

a. Hair;

b. Ears, nose, mouth;

c. Armpits;

d.  Between fingers and toes;

e. Under the feet;

f. Dentures and hairpieces shall be removed and checked;

g.  Male prisoners must raise genitalia, bend over and spread cheeks;

h. Female prisoners shall lift breasts, squat and cough;

i. If, during the strip search, the correctional deputy discovers contraband on the prisoner’s person, he shall notify the arresting deputy and the contraband shall be properly packaged, tagged, and submitted to the Warden or Assistant Warden through the duty sergeant; and

j. The clothing shall be returned to the prisoner to allow him to dress prior to leaving the search area or allowing anyone else to enter the search area.

4.  Body Cavity Searches

a. Unless there is a legitimate medical reason or medical emergency justifying a warrant-less search, a body cavity search shall be conducted only after a search warrant is obtained which authorizes the search. In all cases, a physician, registered nurse, or licensed practical nurse registered to practice in the state of Louisiana shall conduct the body cavity search under sanitary conditions.

B.  When Searches are Conducted

1.  Pat/Frisk Search – Performed prior to an arrest for the protection of the deputy.

2.  Field/Body Search - In an effort to prevent the introduction of contraband into the detention facilities, yet respecting persons and their property, all arrestees and new prisoners shall be subject to a field/body search immediately upon entering the detention facilities. A field/body search shall be performed even when the escorting deputy may have searched the prisoner before coming to the detention facilities. Corrections personnel shall be responsible for the booking-in and search of newly arrested subjects once they enter the detention facilities. At this time, the detainee shall be required to surrender his personal property to the correction deputy’s custody. A Prisoner Property Sheet shall be used to list the personal property of the prisoner.

3.  Strip Searches - As a rule, body cavity and strip searches are not performed on incoming arrestees. Louisiana Revised Statute 14:402 prohibits contraband from being taken into a penal institution. A strip search can be performed on an incoming arrested person, prior to an inmate entering the general prison population, under the following conditions:

a.  Whenever the arresting/transporting deputy or corrections deputy has probable cause to believe that the prisoner is concealing evidence, the fruits or tools of a crime, contraband, or a deadly weapon that would not otherwise be discovered;

b.  Strip searches are conducted sparingly and for good reason; and

c.  If contraband is discovered during a strip search incident to a lawful arrest, it shall be the responsibility of the arresting deputy to make the arrest, file the proper complaint, and process any evidence.

4.  Body Cavity Searches

a. If a body cavity search is conducted, a copy of the search warrant and inventory shall be given to the person searched.

71.1.2 SEARCH OF TRANSPORT VEHICLE

A.  It shall be the responsibility of the transport deputy to check the unit to make sure that it is free of contraband. Every time a prisoner is transported in a vehicle an opportunity arises for the introduction of contraband or weapons into that vehicle. Therefore, deputies/corrections’ deputies shall thoroughly search their vehicles prior to and after transporting prisoners.

B.  All contraband or property seized from a transport vehicle shall be logged in to evidence as described in G.O. 84.1.1, Evidence Property Control System.

C.  Each patrol deputy’s vehicle may, during the course of a shift, be used for prisoner transportation. At the beginning of every shift, each Sheriff’s Office deputy shall inspect his vehicle to ensure that it is in good operating condition, equipped with the required safety items such as flare, first aid kit, spare tire, and jack, and check the rear seating compartment for contraband.

D.  If a piece of equipment is found to be in disrepair, missing, or unusable, the deficiency shall be reported to the deputy’s supervisor on a completed Work Order Repair Requisition. The requisition shall accompany the vehicle to be repaired. Deputies shall advise the supervisor of the needed repairs on the vehicle.

71.1.3 PROCEDURES, TRANSPORTING BY VEHICLE

A.  Positioning Prisoners in Transport Vehicles

1.  Passenger Vehicle

a.  When one deputy is transporting one prisoner, the prisoner shall be positioned on the right rear seat of the vehicle.

b.  When one deputy is transporting more than one prisoner, the prisoners shall be positioned on the right and left rear seat of the vehicle.

c.  The maximum number of prisoners to be transported shall not exceed three for cars and authorized seating capacity for vans.

d.  When two deputies are transporting one prisoner, the deputies shall be positioned in the left and right front seat of the vehicle while the prisoner occupies the left rear seat.

e.  When two deputies are transporting two or three prisoners, the deputies shall be positioned in the left and right front seat of the vehicle while the prisoners shall be placed in the rear seat.

f.  Exceptions to a – e

(1) When two prisoners of opposite gender are transported at the same time, two deputies shall be used for transport. The female prisoner shall be placed in the front right seat with one deputy in the front left. The male prisoner shall be placed in the back seat on the transport deputy’s off side.

g. All passengers positioned on the front seat shall use seat belts as per La. R.S. 32:295, 1 A and B.

2.  Correction Department Transport Van

a.  When one deputy is transporting one prisoner, the transportation deputy shall position the prisoner within the caged area so that maximum observation may be achieved.

b.  The maximum number of pre-trial detainees that can be transported to court by a single transportation deputy shall not exceed four. If in the opinion of the Warden/Assistant Warden an additional deputy is needed or because of an excess of four detainees, a second deputy shall be assigned.

c.  When prisoners of the opposite gender are transported together, two deputies shall transport the prisoners. The second deputy shall maintain constant supervision. Positioning of prisoners shall be to provide the maximum separation of prisoners of the opposite gender (e.g., female prisoner in front caged area; male prisoner in back caged area).

d.  Unrestrained prisoners shall use seat belts if they are available in the Sheriff’s Office vehicles.

3. Water Patrol Vessel

When transporting a prisoner, in a remote area only accessible by vessel, the deputy shall follow the same guidelines as other transports with a few modifications.

a. Make every effort to properly secure a personal floatation device on the prisoner from a secure platform.

b. Prisoners are to be handcuffed in the front.

(1) Instruct the prisoner to grasp the personal floatation device with both hands and use their feet to propel to shore if thrown from the vessel or in the event that the vessel becomes overturned.

c. Steady the vessel and assist the prisoner aboard, seating them in the lowest deck of the vessel.

d. Notify the Communications Center as soon as the prisoner is aboard the vessel. Advise your route to the nearest stable platform. A fleet vehicle may be requested and awaiting your arrival for transport.

e. Deputy’s shall ensure that the prisoner remain seated during transportation and not allowed to move about while the vessel is in motion, except in emergency situations.

(1) Notify the Communications Center immediately if the prisoner fails to comply or becomes unruly.

(2) Render emergency assistance that includes emergency medical assistance as well as rescue assistance in which they are trained.

(a) Upon discovery of a medical emergency, the deputy shall request Emergency Medical Services (EMT).

(b) When requesting these services, the following information shall be obtained and relayed to the Communications Center:

i. Type of emergency;

ii. Location;

iii. Condition of patient, and

iv. Any other information available regarding the emergency.

(3) After notifying a Communications Equipment Operator of the nature of the emergency, deputies shall render as much first aid assistance as possible in which they are trained.

f. As soon as the vessel is secured, the deputy shall disembark the prisoner onto a stable platform.

g. Whenever possible, water patrol deputies shall exhaust other means than having to transport a prisoner to satisfy calls for services, e.g., issuing warnings, citations, or completing field interrogation cards.

B.  Transporting to Medical Facility

When a prisoner is transported to a local hospital for any reason, the following shall apply:

1.  Extreme caution shall be taken to ensure that the prisoner is isolated from other patients and is not left unattended or escapes the immediate control of the transporting deputy.

2.  Should the prisoner need to be admitted, the transporting deputy shall notify the Detention Center Supervisor or Patrol Division Shift Commander of the circumstances.

3.  The transporting deputy shall not leave the medical facility until he is relieved by another deputy or is instructed by a supervisor to do otherwise.

4.  The transporting deputy shall remove the restraints only when it is deemed necessary, and he is requested to do so by the medical staff.

5.  Upon the admission of a prisoner into the hospital, the decision whether a corrections deputy shall guard the prisoner shall initially be made by the shift commander. The final decision shall rest with the Warden.

6.  The prisoner shall not be allowed access to a telephone at anytime.

7.  The prisoner shall not be allowed visitors unless approved by the Sheriff, Major, or Warden.

71.1.4  INTERRUPTION OF TRANSPORT

A.  Transporting deputies shall make every effort to visually observe prisoners in their custody at all times. If a prisoner is not viewed while using the toilet facilities, they shall be searched immediately after leaving the restroom. On trips of extended length, whenever possible, a female deputy shall accompany female prisoners.

B.  Stops for food and restrooms shall be made at law enforcement facilities. Only under extreme circumstances, the deputies may pick an alternate location that would minimize escape potential. At no time shall the deputy lose sight of the prisoner.

C.  The primary duty of the transporting deputy is the safe delivery of the prisoner in his care. Therefore, the deputy should not stop to render law enforcement assistance to third parties along the route except under extreme emergency conditions where the risk to third parties is grave and the risk to the prisoner is minimal. Should the deputy decide to stop, local authorities shall be immediately notified of the following:

1.  The identity of the deputy;

2.  The deputy’s status (prisoner transportation); and

3.  The nature and location of the incident.

D.  The transporting deputy should only consider stopping when arriving first on the scene and shall remain only until other emergency assistance has arrived.

71.1.5  PRISONER COMMUNICATION

Safety aspects of the transportation function require that the prisoner’s rights to communicate with an attorney, clergy, family, and/or others shall not normally be exercised during the period the prisoner is being transported. A prisoner shall not be permitted to make telephone calls or communicate with outside sources while being readied for transport. Should a special circumstance arise which would necessitate an exception to this policy, the transporting deputy shall exercise discretion and be responsible for monitoring the communication.

71.1.6  PROCEDURES, TRANSPORT DESTINATION

The transporting deputy shall follow and shall be aware of the procedures of the different state institutions, forensic hospitals, mental health units and parish detention facilities. The following policy shall apply to all detention facilities:

A.  The transporting deputy shall at no time enter a secure area or receiving area with his firearm.

B.  The restraints shall only be removed on the instructions of the receiving deputy.

C.  The transporting deputy shall be responsible to ensure that all necessary paper work is properly exchanged with regard to the transfer and to obtain the signature of the receiving deputy.

D.  Any potential medical hazards shall be noted on the Prisoner Transmittal Form. A copy shall be left with the receiving agency.

71.1.7  PROCEDURES, ESCAPE

A. If a prisoner escapes while being transported outside of Lafourche Parish, the transporting deputy shall take the following actions: