Cal. Code Regs. Tit. 9, § 4352 - Contraband Searches by Department of State Hospitals Peace Officers

(a) Hospital police officers and sworn investigators are peace officers pursuant to Sections 830.3 and 830.38 of the Penal Code. Peace officers may conduct person and property searches throughout the hospital grounds and in any location throughout the state while conducting the primary functions of their duties.

(1) Permitted searches include, but are not limited to, visual searches of all areas on the grounds of a Department of State Hospitals' facility or while conducting peace officer duties. Vehicle searches, inventory searches, pat-down searches, use of canine-sniff searches, and physical examination searches of all persons and property on the facility grounds, may be conducted under applicable federal laws and state laws.

(2) Permitted searches, as listed in subdivision (a)(1), for patients and property on facility grounds, may be conducted at random or with reasonable suspicion, based upon information obtained from investigation and observation under applicable federal laws and state laws.

(3) A strip search (removal of clothing for a visual inspection) or visual body cavity search (visual inspection of body cavity) must be based upon reasonable suspicion and information obtained from investigation and observation that the item sought is small enough to be hidden under clothing or within a person based upon reasonable suspicion.

(4) A body cavity search (inspection of body cavity) will only be justified upon execution of a duly authorized search warrant.

Notes

Cal. Code Regs. Tit. 9, § 4352

1. New section filed 6-15-2021; operative 6-15-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 25). For prior history, see Register 2021, No. 14.
2. New section refiled 1-10-2022 as an emergency; operative 1-12-2022 (Register 2022, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-12-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of compliance as to 1-12-2022 order, including amendment of section heading and section, transmitted to OAL 3-24-2022 and filed 5-6-2022; amendments effective 5-6-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 18).

Note: Authority cited: Sections 4005.1, 4011, 4027 and 4101, Welfare and Institutions Code. Reference: Sections 4011, 4101, 4109, 4139 and 7295, Welfare and Institutions Code; and Sections 830.3, 830.5 and 830.38, Penal Code.

1. New section filed 6-15-2021; operative 6/15/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 25). For prior history, see Register 2021, No. 14.
2. New section refiled 1-10-2022 as an emergency; operative 1/12/2022 (Register 2022, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-12-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of compliance as to 1-12-2022 order, including amendment of section heading and section, transmitted to OAL 3-24-2022 and filed 5-6-2022; amendments effective 5/6/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 18).