Searching, Detaining, or Arresting Visitors to Bureau Grounds and Facilities (Program Statement 5510.16)

By Elizabeth Franklin-Best, Esq., and Christopher Zoukis, JD, MBA

Field	Value
Program Statement	5510.16
Subject	Searching, Detaining, or Arresting Visitors to Bureau Grounds and Facilities
Effective / current edition	09-03-2026
Change notices	None. BOP’s published policy list carries 5510.16 (September 3, 2026) with no change notice.
Supersedes	PS 5510.15, Searching, Detaining, or Arresting Visitors to Bureau Grounds and Facilities (7/17/2013), rescinded — PS 5510.16 at p. 1
Governing statute	Arrest authority is 18 U.S.C. § 3050, cited by the Program Statement at p. 2. Bringing contraband to a federal prison is a crime under 18 U.S.C. § 1791.
28 C.F.R. anchor	28 C.F.R. part 511, subpart B — “Searching and Detaining or Arresting Non-Inmates,” §§ 511.10–511.18. Subpart A of part 511 is [Reserved]. Visiting is 28 C.F.R. part 540, subpart D, §§ 540.40–540.52.
Related BP forms	BP-A0224 Notification to Visitor (the consent-to-search and contraband declaration form signed at the entrance; prescribed by PS 5267) · BP-A0629 Visitor Information · BP-A0660 Criminal History Check Authorization. PS 5510.16 prescribes no forms of its own.
Official PDF	bop.gov/policy/progstat/5510_016.pdf

Checked against the BOP policy set · 2026-09-19. (Our verification methodology page is not yet published.)

This is the policy that governs what can happen to you — not to the person you came to see — from the moment you turn into the prison parking lot. It sets out the five search methods staff may use on a visitor, the standard and the approval required for each, what happens if you refuse, and the separate, much higher bar the Bureau has to clear before it can detain or arrest you.

Program Statement 5510.16 is unusual in one respect that matters enormously for a reader trying to work out what is actually binding: it prints the regulation and the policy in the same document, in two different typefaces. Its own page footer says so — “Federal Regulations from 28 CFR: this type. Implementing instructions: this type.” (PS 5510.16 at p. 1). We have separated them below, and verified every regulatory passage against the current text on eCFR rather than relying on the reprint in the policy. If you are looking for how visiting works generally, that is Inmate Visitation and Visiting Regulations (PS 5267.09); the drug-swab machine at the door has its own statement, PS 5524.01, covered on our Ion Spectrometry Device Program page.

The rule itself: visitor searches

Passages marked [regulation] are binding text from 28 C.F.R. part 511, subpart B, each verified against eCFR. Passages marked [policy] are the Bureau’s implementing instructions to its own staff, transcribed from bop.gov/policy/progstat/5510_016.pdf.

The search ladder: method, standard, and who has to approve it

Every row is transcribed or drawn directly from the cited passage. Read the “Who must approve” column carefully — it is the column that most often decides whether something that happened to you was inside the policy or outside it.

Search method	May it be done at random, with no suspicion?	Standard required	Who must approve	Same-sex rule
Electronic — walk-through and hand-held metal detector, ion spectrometry device, x-ray of belongings	Yes — “either randomly or upon reasonable suspicion”	None for a random search	Shift supervisor ensures devices are tested daily; no individual approval stated	Not applicable
Pat search of person or belongings	Yes — “either randomly or upon reasonable suspicion”	None for a random search; reasonable suspicion to search out of the day’s random order	Shift supervisor, to search out of random order (p. 7)	“Whenever possible … by staff members of the same sex”; opposite sex “only in emergency situations with the Warden’s authorization”
Visual search of belongings — opening and exposing all contents	Yes — “either as part of a random search or with reasonable suspicion”	None for a random search	None stated	Not applicable
Visual search of a vehicle	Yes — randomly, per Section 4a	None for a random search	None stated; two staff required (p. 12)	Not applicable
Limited visual search to confirm a concealed medical device or underwire that triggered a metal detector	No	Failure to clear the hand-held metal detector “may qualify as reasonable suspicion” (p. 9)	Warden’s authorization for a search by opposite-sex staff	Same-sex staff, “discreetly, in a private area away from others”
Visual search of the person — removing all articles of clothing for non-tactile inspection of body surfaces and cavities	No — “random visual searches are prohibited”	Reasonable suspicion	The Warden or his/her designee — always	Same-sex staff; opposite sex only in emergency with Warden’s authorization
Pat or visual search of religious headwear	“Random pat searches should not ordinarily include removal and inspection of religious headwear” (p. 10)	Bureau policy “does not require the higher degree of ‘reasonable suspicion'” (p. 10)	Warden, except in emergencies, after weighing five listed factors	Conducted out of the view of other visitors and inmates
Body cavity (tactile) search of a non-inmate	—	—	Prohibited outright	—
Drug testing — breathalyzer, urinalysis, “any currently reliable testing method”	No	Reasonable suspicion that you are under the influence of an intoxicating substance	The Warden or his/her designee — always	Urinalysis by same-sex staff “whenever possible”; opposite sex only in emergency with Warden’s authorization
Detention short of arrest	No	Reasonable or mere suspicion, to “freeze” the situation pending investigation (p. 16)	Warden authorization before denying entry, detaining or arresting (p. 15); Bureau legal staff must be consulted for any detention in lieu of arrest over two hours (p. 17)	—
Arrest	No	Probable cause — “a higher standard than both” reasonable and mere suspicion (p. 16)	Warden authorization (p. 15); Warden notifies the Regional Director by telephone, with written documentation within three workdays (p. 19)	—

The regulatory text behind that table is 28 C.F.R. § 511.16. Four of its provisions are worth reading in the original, because they are the hard limits rather than the discretionary parts. [regulation]:

(c) Visual Search. You and your belongings may be visually searched as follows:

(1) Person.

(i) A visual search of your person involves removing all articles of clothing, including religious headwear, to allow a visual (non-tactile) inspection of your body surfaces and cavities.

(ii) Visual searches of your person must always be authorized by the Warden or his/her designee and based on reasonable suspicion; random visual searches are prohibited.

(iii) When authorized, visual searches will be performed discreetly, in a private area away from others, and by staff members of the same sex as the non-inmate being searched. Visual searches may be conducted by staff members of the opposite sex in emergency situations with the Warden’s authorization.

(iv) Body cavity (tactile) searches of non-inmates are prohibited.

And on drug testing, same section [regulation]:

(d) Drug Testing.

(1) You may be tested for use of intoxicating substances by any currently reliable testing method, including, but not limited to, breathalyzers and urinalysis.

(2) Drug testing must always be authorized by the Warden or his/her designee and must be based on reasonable suspicion that you are under the influence of an intoxicating substance upon entering, or while inside, a Bureau facility or Bureau grounds.

The Program Statement adds one line of implementing instruction that sharpens the second point, at p. 7 [policy]:

The Warden’s authorization is required when conducting visual searches of persons based on reasonable suspicion. Only the shift supervisor’s authorization is required to pat search a visitor out of the established random selection order.

That single note is the practical dividing line in this policy. A pat search out of turn is a shift supervisor’s call. Taking your clothes off is the Warden’s, every time, and never at random.

What is fixed and what is random, by facility security level

Not everything is a lottery. PS 5510.16 at pp. 13–14 [policy], transcribed:

(1) Random Electronic Searches. All visitors and their property/belongings will be randomly searched by electronic means (e.g., walk-through or hand-held metal detector, ion spectrometry devices, x-ray screening for personal containers and belongings).

At LOW security and higher facilities (including Administrative facilities), all visitors are required to clear a metal detector before entering. Alternate random selection methods are not used for this search requirement.

At MIN security facilities, random electronic searches may be conducted as deemed necessary and appropriate by the Warden or camp administrator.

(3) Random Visual Searches of Belongings. At LOW security and higher facilities (including Administrative facilities), all visitors’ belongings must be visually searched. These searches may be done by an x-ray screening device. Alternative random selection methods are not used for this search requirement.

The same page carries the provision the Bureau added in 2013:

(2) Random Pat Searches. All visitors are randomly pat searched according to a daily random method determined by following procedures in Section 4a of this program statement. Contractors, volunteers, and inmates’ attorneys are not exempt from pat searches according to the established daily random method. Official visitors who will be under staff supervision and escort while visiting the institution may be exempted by the Warden from pat searches according to the established daily random method (e.g., judges, legislators, executive branch officials).

Two consequences a family should register. At a low, medium or high-security institution or a detention center, the metal detector and the bag search are not random — everyone clears them, every time. And an inmate’s attorney is not exempt from the random pat search; only escorted official visitors can be exempted, and only by the Warden. See Inmate Legal Activities (PS 1315.08) and attorney–client communications in federal prison.

The random selection method itself has rules. It “must be established and documented each day before searching visitors,” the shift supervisor ensures it is implemented, and staff “may not search visitors out of the predetermined random selection order unless reasonable suspicion indicates the visitor’s possible involvement with prohibited activities or objects” (pp. 6–7). The examples given, “using numbers between one and 10,” are “every third visitor,” “search four, skip two,” and “Search two, skip four, search three, skip four” (pp. 6–7). Random selection “must be impartial and not discriminate among non-inmates on the basis of age, race, religion, national origin, or sex” — that sentence is [regulation], at 28 C.F.R. § 511.15(a)(1).

The notice — and the consent you give by walking in

This is the part almost nobody reads, and it is doing a great deal of work. [regulation], 28 C.F.R. § 511.14:

We display conspicuous notices at the entrance to all Bureau facilities, informing all non-inmates that they, and their belongings, are subject to search before entering, or while inside, Bureau facilities or grounds. Furthermore, these regulations and Bureau national and local policies provide additional notice that you and your belongings may be searched before entering, or while inside, Bureau facilities or grounds. By entering or attempting to enter a Bureau facility or Bureau grounds, non-inmates consent to being searched in accordance with these regulations and Bureau policy.

The Program Statement then prescribes the exact wording of the sign. PS 5510.16 at p. 4 [policy] directs that “[a]n easily readable sign must be posted at all entrances to Bureau facilities,” “in both English and Spanish,” reading:

NOTICE TO ALL PERSONS: CONSENT TO SEARCH

Federal Bureau of Prisons (Bureau) staff may search you and your belongings (bags, boxes, vehicles, containers in vehicles, jackets, coats, etc.) before you enter, or while you are on or inside, Bureau grounds or facilities.

Consent to Search Implied. By entering or attempting to enter Bureau grounds or facilities, you consent to being searched in accordance with Bureau policy and Federal Regulations in volume 28 Code of Federal Regulations, Part 511. If you refuse to be searched, you may be prohibited from entering Bureau grounds or facilities.

NOTICE TO ALL PERSONS: PROHIBITED ACTIVITIES AND OBJECTS

You are prohibited from engaging in prohibited activities or possessing prohibited objects on Bureau grounds, or in Bureau facilities, without the knowledge and consent of the Warden. Violators may be detained or arrested for possible criminal prosecution, either by Bureau staff, or local or Federal law enforcement authorities.

A shorter sign goes at the entrance to the grounds: “NOTICE – All persons entering this Federal property are subject to a search of their person and belongings (bags, boxes, vehicles, containers in vehicles, jackets, coats, etc.)” (p. 5).

You also sign that language. The BP-A0224, Notification to Visitor, reproduces the consent-to-search and prohibited-objects notices verbatim, adds a twenty-item declaration — tobacco, explosives, weapons, ammunition, metal cutting tools, recording equipment, telephones of any type, radios, electronic devices, narcotics, marijuana, cameras, food items, alcoholic beverages, prescription drugs, intoxicants, pagers, firearms — asked “in your possession, or in possession of children in your party under 16 years of age,” and closes with this signature block:

I have read, I understand, and I agree to the above. If I am visiting with an inmate, I also understand and agree to abide by the visiting guidelines provided me by this institution. I declare that I do not have articles in my possession which I know to be a threat to institution safety, security, or good order. I am aware that if I have questions about what is authorized, I should consult with the officer. I am aware that the penalty for making a false statement is a fine of not more than $250,000 or imprisonment of not more than five years or both (pursuant to 18 U.S.C. § 1001). I am aware that the visiting area, including restrooms in the visiting area, may be monitored to ensure institution security and good order.

That warning is not decoration. 18 U.S.C. § 1001(a) makes it a federal felony, punishable by up to five years, to “knowingly and willfully … make[] any materially false, fictitious, or fraudulent statement or representation” in a matter within the jurisdiction of the executive branch. Checking “No” next to an item you are in fact carrying is a written false statement to a federal agency, signed and witnessed.

The declaration itself is also regulation, not just a form. 28 C.F.R. § 540.51 [regulation] provides that “[s]taff shall have the visitor sign a statement acknowledging that the guidelines were provided and declaring that the visitor does not have any articles in his/her possession which the visitor knows to be a threat to the security of the institution,” that “[s]taff may deny the visiting privilege to a visitor who refuses to make such a declaration,” and that “[s]taff may require a visitor to submit to a personal search, including a search of any items of personal property, as a condition of allowing or continuing a visit.”

What “prohibited objects” means

[regulation], 28 C.F.R. § 511.12, quoted in full:

(a) “Prohibited objects,” as defined in 18 U.S.C. 1791(d)(1), include any objects that could jeopardize the Bureau’s ability to ensure the safety, security, and orderly operation of Bureau facilities, and protect the public.

(b) Examples of “prohibited objects” include, but are not limited to, the following items and their related paraphernalia: Weapons; explosives; drugs; intoxicants; currency; cameras of any type; recording equipment; telephones; radios; pagers; electronic devices; and any other objects that violate criminal laws or are prohibited by Federal regulations or Bureau policies.

Note currency and cameras of any type on that list, alongside weapons and drugs. Note also that the definition is tied to a criminal statute: the regulation borrows 18 U.S.C. § 1791(d)(1), and the Program Statement says the consequence out loud at p. 3: “18 U.S.C. § 1791 criminalizes providing, or attempting to provide, inmates with ‘prohibited objects.’ Visitors providing, or attempting to provide, ‘prohibited objects’ to inmates are subject to criminal prosecution.”

The statute’s penalty depends entirely on what the object is. Under 18 U.S.C. § 1791(b), the maximum is 20 years for a narcotic drug, methamphetamine, LSD or PCP; 10 years for a firearm, destructive device, or a Schedule I or II controlled substance; 5 years for marijuana, a Schedule III substance, ammunition, a weapon, or an object designed to facilitate escape; one year for any other controlled substance, an alcoholic beverage, U.S. or foreign currency, or a cell phone; and 6 months for “any other object that threatens the order, discipline, or security of a prison.” Attempts are covered by the statute’s own text: “provides to an inmate of a prison a prohibited object, or attempts to do so.”

The visiting regulations say the same thing from the other end. 28 C.F.R. § 540.52 [regulation], titled “Penalty for violation of visiting regulations,” provides that “[a]ny act or effort to violate the visiting guidelines of an institution may result in disciplinary action against the inmate, which may include the denial of future visits, possibly over an extended period of time,” and adds: “Moreover, criminal prosecution may be initiated against the visitor, the inmate, or both, in the case of criminal violations.” Both people at the table are exposed.

Refusing a search

[regulation], 28 C.F.R. § 511.15(a)(2):

Non-inmates will be given the option of either consenting to random searches as a condition of entry, or refusing such searches and leaving Bureau grounds. However, if a non-inmate refuses to submit to a random search and expresses an intent to leave Bureau grounds, he or she may still be required to be searched if “reasonable suspicion” exists as described in paragraph (b) of this section.

And 28 C.F.R. § 511.17 [regulation]:

At the Warden’s, or his/her designee’s, discretion, and based on this subpart, you may be denied entry to, or required to leave, a Bureau facility or Bureau grounds if:

(a) You refuse to be searched under this subpart; or

(b) There is reasonable suspicion that you may be engaged in, attempting, or about to engage in, prohibited activity that jeopardizes the Bureau’s ability to ensure the safety, security, and orderly operation of its facilities, or protect the public. “Reasonable suspicion,” for this purpose, may be based on the results of a search conducted under this subpart, or any other reliable information.

The Program Statement adds two implementing instructions at p. 15 that a visitor should know [policy]:

Upon learning a person refuses to submit to or comply with an authorized search procedure, staff conducting the search must inform the person of the potential consequences. Staff may not use force to require persons to submit to searches unless there is evidence of an imminent threat of serious personal injury, or other result that imminently jeopardizes the safety, security, or orderly operation of the facility, or threatens public safety.

Refusal is therefore a real option with a real and immediate price: no visit, removal from the grounds, and — where reasonable suspicion independently exists — the possibility of being searched anyway.

What reasonable suspicion can be built from, and what it cannot

PS 5510.16 at pp. 7–8 [policy] lists the permitted bases and the excluded ones:

A reasonable suspicion may be based on:

– Observations by staff. – Reliable information, even if confidential. – A positive reading by a metal detector or other electronic device. – Finding contraband or evidence of contraband during the search of a visitor’s belongings.

Anonymous information cannot be the basis for reasonable suspicion without reliable corroboration.

“Hunches,” “gut feelings,” or “mere suspicion” do not meet the reasonable suspicion standard. However, they support continued observation, investigation, and questioning that may provide information needed to meet the reasonable suspicion standard.

The third bullet is the bridge from the machine to the search: a positive metal-detector or ion-scanner reading is one of the four things the Bureau treats as capable of supporting reasonable suspicion.

Documentation — what must be written down

PS 5510.16 at p. 8 [policy], transcribed:

(2) Documented Searches. When a visual search is performed based on reasonable suspicion, or when a visitor is searched out of established random order, a logbook entry must indicate:

– Date, time, and place the search is conducted. – Persons involved (person being searched, staff conducting search, witnesses, if any). – Circumstances justifying the search. – Search results. – Action taken, if any.

If the search was based on information from a confidential informant, a memo must be sent to the Special Investigative Supervisor, including the information provided, how the informant found out the information, and how staff decided the information was reliable.

Only two categories of search generate that logbook entry: a visual search on reasonable suspicion, and any search out of the day’s random order. A routine random pat search leaves no individualized record.

Religious headwear

This provision is unusual and easy to miss. PS 5510.16 at p. 10 [policy]:

(1) Religious Headwear. Religious headwear is not considered part of a visitor’s belongings, but rather their person. Random pat searches should not ordinarily include removal and inspection of religious headwear. Except in emergencies, Warden authorization is required before staff pat or visually search religious headwear.

Bureau policy does not require the higher degree of “reasonable suspicion” before searching religious headwear. Such searches may occur with the Warden’s authorization after considering the factors listed below. Searches of religious headwear should be conducted out of the view of other visitors and inmates.

The five factors the Warden is directed to weigh are the reason for the visitor’s presence, whether the visitor and headwear cleared a metal detector or other electronic device, the visitor’s credentials, the visitor’s relationship to the inmate where applicable, and any other relevant information (pp. 10–11). Separately: “Religious headwear that obscures a visitor’s face must be removed sufficiently to reveal the face for identification upon entering and leaving facilities,” and that identification check “does not require the heightened conditions described above or documentation” — and “the entire headwear need not be removed if partial removal will reveal the face” (p. 11). Related: Religious Beliefs and Practices (PS 5360.10) and religious rights and programs in federal prison.

Vehicle searches

PS 5510.16 at p. 12 [policy], transcribed:

(3) Visual Searches of Vehicles. Visual searches of visitors’ vehicles may be conducted randomly, as defined in Section 4a of this program statement, as follows:

– A minimum of two staff are required for a vehicle search. – The driver of the vehicle must be present (if reasonably available), at least 20 feet away from the vehicle, under direct supervision of one staff member. – The other staff member will visually search areas of the car that are reasonably accessible – engine compartment, under seats, interior compartments, trunks, and inside any containers in the vehicle. – Keys for locked compartments or containers must be provided to staff who unlock them rather than allowing the driver to do so. Refusal to provide keys is a refusal to submit to the search. – Staff may not pry, force, or break open any areas to obtain access.

And a rule that catches lawful gun owners out constantly, at p. 3: “Weapons are prohibited from being stored in vehicles on Bureau grounds, except as otherwise authorized by Bureau policy.” A firearm locked in your glovebox in the visitor parking lot is a prohibited object on Bureau grounds. The definition the policy uses covers “firearm,” “ammunition,” and “destructive device,” and its firearm definition expressly includes “the frame or receiver of such weapon” and “any firearm muffler or silencer” (p. 3).

Detention and arrest — the higher bar

[regulation], 28 C.F.R. § 511.18, quoted in full:

(a) You may be arrested and detained by Bureau staff anytime there is probable cause indicating that you have violated or attempted to violate applicable criminal laws while at a Bureau facility, as authorized by 18 U.S.C. 3050.

(b) “Probable cause” exists when specific facts and circumstances lead a reasonably cautious person (not necessarily a law enforcement officer) to believe a violation of criminal law has occurred, and warrants consideration for prosecution.

(c) Non-inmates arrested by Bureau staff under this regulation will be physically secured, using minimally necessary force and restraints, in a private area of the facility away from others. Appropriate law enforcement will be immediately summoned to investigate the incident, secure evidence, and commence criminal prosecution.

The Program Statement draws the line between detention and arrest sharply, at p. 16 [policy]:

Neither reasonable nor mere suspicion are sufficient standards by which staff may make arrests. Probable cause is a higher standard than both. The existence of reasonable or mere suspicion warrants taking action to neutralize or “freeze” the situation to allow further investigation, questioning, and development. Staff in these circumstances may detain persons for short periods without formally arresting them.

Five implementing instructions follow, and each is a checkable fact:

• The two-hour rule. “Bureau legal staff must be consulted regarding any individual detained in lieu of arrest for over two hours” (p. 17).
• Detention is supposed to be exceptional. “An individual should not ordinarily be detained for conduct that poses little or no threat to the safety, security, or orderly operation of the facility, or public safety.” The example the policy gives is a person apparently under the influence who “makes no apparent effort to bring alcohol or drugs into the facility” — staff “ordinarily would not detain them, although they have authority to do so” (p. 16).
• Interrogation is not the Bureau’s job. “Staff should not interrogate visitors or other persons in custody under this section unless immediate questioning is necessary to protect the security of the facility or the life or safety of any person” (p. 19).
• The Regional Director gets told. “The Warden shall notify the Regional Director or designee by telephone when an arrest is made under this section. Detailed written documentation is forwarded to the Regional Director within three workdays of the arrest” (p. 19).
• Contraband in a car is usually not an arrest. On 18 U.S.C. § 1791, the policy says at p. 18: “To effect an arrest under 18 U.S.C. § 1791, there must be a deliberate attempt by the individual to introduce contraband for delivery to an inmate. Thus, a person found to have contraband in a vehicle on an institution reservation does not ordinarily present sufficient cause for arrest by a Bureau staff member, although the nature of the contraband may warrant a referral to local or federal law enforcement officials. The person ordinarily is asked to leave and to dispose of the contraband before returning.” The policy adds that in practice “an arrest ordinarily occurs only when dangerous contraband is involved” (p. 18).

The statutory arrest authority is 18 U.S.C. § 3050, which lets a Bureau officer or employee arrest without a warrant in three situations: anywhere, for assaulting a federal officer (§ 111), escape (§ 751), assisting escape (§ 752) and escape of a recalcitrant witness (28 U.S.C. § 1826(c)); on Bureau premises or reservation land, for theft (§ 661), depredation of property (§ 1361), destruction of property (§ 1363), contraband (§ 1791), mutiny and riot (§ 1792) and trespass (§ 1793); and on those premises, for “any other offense described in title 18 or 21 of the United States Code … if necessary to safeguard security, good order, or government property.” The statute conditions all three on the officer having “reasonable grounds to believe that the arrested person is guilty of such offense, and if there is likelihood of such person’s escaping before an arrest warrant can be obtained.” Note: the Program Statement’s enumeration is not identical to the statute’s current text.

What courts have said about the outer limit

Case law does not change what this Program Statement directs staff to do, but it does mark where the more intrusive searches stop. The Fourth Circuit stated the rule directly in Calloway v. Lokey, 948 F.3d 194 (4th Cir. 2020): “the standard under the Fourth Amendment for conducting a strip search of a prison visitor — an exceedingly personal invasion of privacy — is whether prison officials have a reasonable suspicion, based on particularized and individualized information, that such a search will uncover contraband on the visitor’s person on that occasion,” judged by “the totality of facts and circumstances known to the relevant officers at the time.” The court was careful about how demanding that is: it requires more than a mere hunch but less than probable cause, and “‘is not an exacting one.'” Calloway collects the circuit consensus, citing Spear v. Sowders, 71 F.3d 626 (6th Cir. 1995), Blackburn v. Snow, 771 F.2d 556 (1st Cir. 1985), Thorne v. Jones, 765 F.2d 1270 (5th Cir. 1985), and Hunter v. Auger, 672 F.2d 668 (8th Cir. 1982).

Hunter — the origin of the standard — added that the suspicion must be aimed at you: “the reasonable suspicion standard we have adopted requires individualized suspicion, specifically directed to the person who is targeted for the strip search,” and “[m]ere physical proximity to or association with another individual suspected of smuggling activity does not provide the independent basis necessary.” It also said that “an anonymous tip completely lacking in indicia of reliability requires further investigation and some measure of corroboration to warrant official action” — which is the same instruction BOP later wrote into its own policy at p. 7.

On consent, the Sixth Circuit in Spear v. Sowders drew a line that maps onto the regulation’s consent-by-entry provision: “While a person may consent to less invasive searches merely by entering the facility, we do not think that a person consents to a strip and body cavity search by simply appearing at a visiting center. Instead, the same logic that dictates that such a search may be conducted only when there is reasonable suspicion also demands that the person to be subjected to such an invasive search be given the opportunity to depart.” The court found no authority “supporting the proposition that prison officials … may search a visitor who objects, without giving the visitor the chance to abort the visit and depart.”

And on the routine end, the Third Circuit upheld random, suspicionless searches of visitors’ vehicles in Neumeyer v. Beard, 421 F.3d 210 (3d Cir. 2005), under the special-needs doctrine, noting that “[t]he mere fact that a search may result in arrest and criminal prosecution, and thus have the ancillary effect of furthering ordinary law enforcement concerns, does not negate the applicability of the special needs doctrine,” and declining to hold a program unreasonable merely because it left the choice of which vehicles to search to officers in the field — while observing that the analysis would differ “if certain individuals were singled out upon an improper basis.”

These are not remedies we pursue; this firm defends people accused of federal crimes and does not bring civil rights actions against the Bureau. They are here because the standard a court applies and the standard the policy states are the same words, and a visitor writing to a Warden is better off knowing that the Bureau’s own instruction tracks what the Fourth Circuit requires.

Applied Insight — Christopher Zoukis, JD, MBA, Managing Director: The most dangerous moment at a prison gate is not the search. It is the conversation. Staff are directed not to interrogate a detained person — staff “should not interrogate visitors or other persons in custody under this section unless immediate questioning is necessary to protect the security of the facility or the life or safety of any person” (p. 19) — but people talk anyway, in a lobby, standing up, with no lawyer, believing that explaining will make the problem go away. It does the opposite. Everything you say is written into the referral memorandum that goes to the U.S. Attorney’s Office, and a statement made in that lobby is admissible in a case you do not yet know exists. If contraband has been found and someone has said the word “detained,” the only sentence you need is that you want a lawyer. Then stop.

What the visitor search policy means for you

If you are the family member or the visitor

Three facts will save you the most trouble.

Leave everything in the car — and then check the car. The prohibited-objects list in 28 C.F.R. § 511.12(b) includes currency, cameras of any type, telephones, and “electronic devices,” not just the obvious contraband, and it is expressly non-exhaustive. Weapons cannot be stored in a vehicle on Bureau grounds at all (p. 3), so a lawfully owned and lawfully carried firearm becomes a problem the moment you turn in. Prescription medication must be declared on the BP-A0224 and left at the entry area. Vehicles are searched randomly, engine compartment to trunk to containers, and refusing to hand over keys to a locked compartment counts as refusing the search (p. 12).

Read the form before you sign it. The BP-A0224 contains a signed declaration and an 18 U.S.C. § 1001 false-statement warning carrying up to five years. It asks about items in the possession of children in your party under 16 as well as your own. If you are unsure whether something is allowed, the form tells you what to do: “if I have questions about what is authorized, I should consult with the officer.” Ask before you sign, not after.

You can decline and leave, and that is sometimes the right answer. 28 C.F.R. § 511.15(a)(2) gives you “the option of either consenting to random searches as a condition of entry, or refusing such searches and leaving Bureau grounds.” The cost is the visit, and possibly future visits — § 511.17 lets the Warden or a designee deny entry to someone who refuses. The limit on that option is also in the regulation: if reasonable suspicion independently exists, you “may still be required to be searched” even if you say you are leaving. And if the search escalates to the point where you are told you are not free to go, that is no longer a search question. See the criminal-exposure section below.

If a search or a denial went badly and you want it reviewed, the visitor’s route is a written letter to the Warden, and then up the chain — not the BP-9 grievance system, which belongs to the incarcerated person. Where a search actually damaged or lost property, that is a different track again: a claim under the Federal Tort Claims Act, on an SF-95 or BP-A0943, not a grievance. See Federal Tort Claims Act (PS 1320.07).

If you are the person inside: where the fallout lands

Your visitors are searched under this policy, but the fallout lands on you. Two mechanisms are worth understanding.

The first is the SIS suspect list. If intelligence — monitored calls, informants, mail monitoring, financial transactions, urine surveillance — points at you, the intelligence office gives the shift supervisor “a list of inmates for whom information exists that may justify searching their visitors out of random order” (p. 8). You will not be told you are on it, and your visitors will experience it as being singled out. The second is that a search of one visitor can reach the others: where a visitor “is engaged in prohibited activities or possesses prohibited objects and is accompanied by other visitors requesting to visit the same inmate, reasonable suspicion may exist to justify searching those other visitors” (p. 8).

If your visitors are being searched out of turn repeatedly, the question worth asking in writing is not “why was my mother searched” but whether there is an intelligence basis and whether the required documentation exists — the logbook entry with the five elements at p. 8, and the informant memorandum to the SIS if a confidential source was involved. Start with an Inmate Request to Staff (form BP-A0148, the “cop-out”) to your unit team and to the Captain, then the formal ladder. See Administrative Remedy Program, Request to Staff and prison grievances. If a visit was terminated or your visiting privileges were restricted, that is a visiting question governed by Visiting Regulations, and — where the restriction is a disciplinary sanction — by the Inmate Discipline Program. Note that 28 C.F.R. § 540.50 provides that in detention or segregation status a loss of visiting privileges for reasons unrelated to visiting “may not occur unless the inmate is provided a hearing before the Discipline Hearing Officer,” and that “[t]he Unit Discipline Committee (UDC) may not impose a loss of visiting privileges” for someone in that status.

If you are counsel: visitor searches

Attorneys are not exempt from the random pat search. PS 5510.16 at p. 14 is explicit: “Contractors, volunteers, and inmates’ attorneys are not exempt from pat searches according to the established daily random method.” The exemption the Warden may grant runs to escorted official visitors — “judges, legislators, executive branch officials” — not to defense counsel. Legal materials are searched, but with a stated limit at p. 14: “Staff should visually search legal materials only to determine their qualification as legal materials and the absence of prohibited objects but should not read the contents in detail.” See Inmate Legal Activities (PS 1315.08).

When a visitor is arrested at a prison, the administrative file becomes the discovery file. A Bureau arrest under § 511.18 generates a specific, dated record set: the logbook entry with its five required elements (p. 8), any confidential-informant memorandum to the Special Investigative Supervisor (p. 8), the impoundment and chain-of-custody record under the “Chain of Custody Rules for Preservation of Evidence” (p. 19), the drug-test-kit result — “[a] positive result is sufficient reason to refer the incident to local or federal law enforcement for possible prosecution” (p. 20) — the Warden’s telephone notification to the Regional Director, and the detailed written documentation forwarded within three workdays (p. 19). Ask for all of it. Whether Bureau legal staff was consulted at the two-hour mark (p. 17) is a discrete, documented fact, and so is whether any Bureau employee questioned the client before law enforcement arrived, contrary to the policy at p. 19.

Match the standard to the act. The regulation itself supplies the framework: reasonable suspicion for a visual search of the person, always with Warden authorization and never at random (§ 511.16(c)(1)(ii)); reasonable suspicion plus Warden authorization for drug testing (§ 511.16(d)(2)); a flat prohibition on tactile body cavity searches of non-inmates (§ 511.16(c)(1)(iv)); the Warden’s discretion for denial of entry (§ 511.17); and probable cause plus the conditions in 18 U.S.C. § 3050 for arrest (§ 511.18). A Program Statement is the Bureau’s instruction to its own staff, not a regulation, and a departure from it is not itself a cause of action — but where the policy and the regulation say the same thing, the regulation is the citation to use.

What changed with Program Statement 5510.16

PS 5510.16, dated September 3, 2026 and approved by Director William K. Marshall III, rescinded PS 5510.15 (July 17, 2013) — PS 5510.16 at p. 1. Its Summary of Changes is a single line:

Changes: Adds Section regarding the Central Violation Bureau (CVB) Ticketing Program.

The new Section 9 lets an institution join the Central Violations Bureau ticketing program, which processes violation notices for petty offenses and misdemeanors committed on federal property: the Warden notifies the Regional Director, the local U.S. Attorney’s Office must approve participation, the Warden designates and trains the staff who may issue citations, and every citation booklet and notice is logged. The section does not authorize staff to execute arrest warrants or take anyone into custody on an outstanding warrant (PS 5510.16 at pp. 20–21). Otherwise the search, detention and arrest rules are substantially those of the 2013 edition, which had itself added the paragraph now at p. 14 stating that all visitors are randomly pat-searched on a daily random method, that “[c]ontractors, volunteers, and inmates’ attorneys are not exempt,” and that the Warden may exempt escorted official visitors. Page references on this page are to the 2026 edition.

Three other points are worth knowing.

The cross-referenced directives have been updated. The 2013 edition listed P5267.08 Visiting Regulations (5/11/06), P5500.11 Correctional Services Manual (10/10/03) and P1380.05 Special Investigative Supervisors’ Manual (8/1/95), the last a directive BOP does not publish. The 2026 edition cites policies by title instead: Crime Scene Management and Evidence Control, Staff Entrance and Search Procedures, the Ion Spectrometry Device Program, Visiting Regulations (now PS 5267.09), and Use of Force, Application of Restraints, and Firearms, which it now names for the use of firearms in detaining or arresting a visitor (PS 5510.16 at pp. 19, 22). Evidence handling is sent to Crime Scene Management and Evidence Control rather than the SIS Manual (at p. 19).

The ion spectrometry program was renumbered and rewritten. PS 5510.16 at p. 10 sends staff to “the Program Statement Ion Spectrometry Device Program” for procedures regarding use of the device. That statement is now PS 5524.01, effective May 7, 2026, which rescinded PS 5522.02 (4/1/2015). Because PS 5510.16 refers to it by title rather than by number, the cross-reference still resolves — but the underlying rules, including the escalating suspension schedule for visitors with confirmed positives, changed in 2026. Our separate explainer covers Program Statement 5524.01.

The statute the arrest authority rests on is not quoted quite as it now reads. PS 5510.16 at pp. 18–19 enumerates the offenses for which Bureau staff may arrest without a warrant on Bureau premises: §§ 661, 1361, 1363, 1791 and 1792, plus the title 18 / title 21 catch-all. The current text of 18 U.S.C. § 3050 also includes § 1793 (trespass) in that list, and applies its “likelihood of … escaping before an arrest warrant can be obtained” condition to all three categories rather than only to the catch-all.

Where people get stuck after a visitor search

Four problems recur, and the routes are genuinely different from one another.

“They searched me out of turn and would not say why.” A search out of the established random order needs reasonable suspicion and the shift supervisor’s approval, and it generates a mandatory logbook entry with five specific elements including “[c]ircumstances justifying the search” (p. 8). You will not be shown that entry at the gate. The route for a visitor is a written, dated letter to the Warden stating what happened, when, where, and who was involved, and asking whether the search was conducted out of random order and on what basis. If you are the incarcerated person and this keeps happening to your approved visitors, the route is a cop-out (BP-A0148) to the Captain, then BP-9 to the Warden, BP-10 to the Regional Director, BP-11 to the Office of National Inmate Appeals under 28 C.F.R. part 542, subpart B. The clock is short: 28 C.F.R. § 542.14(a) sets “20 calendar days following the date on which the basis for the Request occurred,” subject to extension “[w]here the inmate demonstrates a valid reason for delay.” BOP publishes BP-A0148 but not the BP-9, BP-10 or BP-11 forms; your unit team has those. See Administrative Remedy Program and prison grievances.

“I was strip searched at a prison visit.” That is the search this policy walks most carefully around, and the one with the clearest limits. Under 28 C.F.R. § 511.16(c)(1), it always needs the Warden’s or designee’s authorization, always needs reasonable suspicion, is never done at random, is done in private by same-sex staff, and may never extend to a tactile body cavity search of a non-inmate. Courts apply the same words: Calloway v. Lokey, 948 F.3d 194 (4th Cir. 2020), requires “reasonable suspicion, based on particularized and individualized information.” Write the sequence down while it is fresh — who authorized it, whether you were told why, whether you were offered the chance to leave instead, who was present, and whether it was done in private by staff of your sex. If any part of it involved a tactile search, say so plainly and in those words. Then get advice about the forum, because a claim like that is not the firm’s work and belongs with counsel who bring civil rights actions.

“They took my phone / my money / my medication and I never got it back.” Property taken at the gate is a property claim, not a grievance. The Program Statement contemplates impoundment of dangerous contraband for referral to law enforcement (p. 18) and notes that as applied to non-inmates, summary seizure under 18 U.S.C. § 4012 “ordinarily is limited to dangerous contraband,” with any exception requiring “prior written approval, with reasons included, of the Warden, acting Warden, or administrative duty officer” (p. 18). Where property was lost or damaged rather than lawfully seized as evidence, the route is a claim under the Federal Tort Claims Act on an SF-95 or BP-A0943 — a different track with different deadlines from the administrative remedy program. See Federal Tort Claims Act (PS 1320.07) and, for the incarcerated person’s parallel property questions, Inmate Personal Property (PS 5580.10).

“They found something and now they say I am being charged.” Stop here. This is no longer an administrative dispute about a visit; it is the beginning of a federal criminal case. 18 U.S.C. § 1791 carries a statutory maximum of up to 20 years depending on what the object is, and it reaches attempts. A Bureau arrest under 28 C.F.R. § 511.18 is followed immediately by law enforcement being “summoned to investigate the incident, secure evidence, and commence criminal prosecution,” and a positive result on the institution’s drug test kit “is sufficient reason to refer the incident to local or federal law enforcement for possible prosecution” (p. 20). Do not explain. Do not sign a further statement. Do not consent to anything else. Get a federal criminal defense attorney before you speak to anyone, including at the point where nothing has been filed yet — see what to expect in a federal investigation, federal target letters, federal grand jury subpoenas, and federal indictment. These prosecutions are real and they are pursued: our write-up of the contraband and corruption prosecutions at the Baltimore City jail is one illustration of how far they reach. We defend people charged with these offenses in every federal district.

Where the underlying problem is designation, sentence computation, medical care or a First Step Act credit calculation on the inside, that belongs in a consult rather than a grievance alone — see Federal Prison Consulting Services, common federal prison problems, or contact us. And for anyone on the inside thinking about court later, exhaustion matters: under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a), no action may be brought about prison conditions until available administrative remedies are exhausted — meaning every level of the internal ladder, completed on time, before filing.

Related BOP policy on searching visitors

The paired page is Inmate Visitation — who can visit, how a visiting list is approved, what the room is like. It links back here for the search rules. The governing visiting policy is Visiting Regulations (PS 5267.09), with the full text for anyone who wants the whole document.

The two statements that sit closest to this one: our explainer on Program Statement 5524.01, the Ion Spectrometry Device Program — the swab machine, the confirmation procedure, and the escalating visiting suspensions after a confirmed positive — and Searches of Housing Units, Inmates, and Inmate Work Areas (PS 5521.06), which is the inmate-side counterpart to everything on this page. The 2013 edition expressly routed inmate searches there; the 2026 edition simply excludes “inmates in Bureau custody” from its scope (PS 5510.16 at p. 2).

Policies this one depends on: Correctional Services Procedures Manual (PS 5500.14) for the use of firearms in a detention or arrest (the 2026 edition points instead to the Use of Force, Application of Restraints, and Firearms policy, PS 5510.16 at p. 19); Religious Beliefs and Practices (PS 5360.10) and religious rights and programs in federal prison for the headwear provision; Inmate Legal Activities (PS 1315.08) and attorney–client communications in federal prison for legal visits and legal materials; and lockdowns and modified operations for the circumstances in which visiting stops entirely.

Routes and remedies: Administrative Remedy Program (PS 1330.18), Request to Staff (PS 5511.08), prison grievances, Federal Tort Claims Act (PS 1320.07), FOIA and Privacy Act Requests (PS 1351.05), and — where staff conduct is the issue — Office of Internal Affairs (PS 1210.26).

If an arrest or a referral has happened: federal criminal defense, what to expect in a federal investigation, federal target letters, federal grand jury subpoenas, and federal indictment.

For families: What Families Should Know About Federal Prison, how to contact a federal inmate, visiting as a partner or spouse, and how often people in prison actually get visits.

Frequently Asked Questions About Searches of Visitors

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Program Statement 5510.15 (rescinded) — full text

What follows is the rescinded July 17, 2013 edition (PS 5510.15), reproduced in full for reference; the Bureau no longer posts it. It was replaced on September 3, 2026 by PS 5510.16, whose only listed change adds the Central Violations Bureau ticketing section; the analysis above follows the current text and its page numbers. Current edition: Program Statement 5510.16 (bop.gov).

U.S. Department of Justice Federal Bureau of Prisons

PROGRAM STATEMENT

OPI CPD/CSB

NUMBER 5510.15

DATE July 17, 2013

Searching, Detaining, or Arresting Visitors to Bureau Grounds and Facilities

/s/ Approved: Charles E. Samuels, Jr. Director, Federal Bureau of Prisons

1. PURPOSE AND SCOPE

This policy provides staff procedures and guidance for searching inmate visitors, both social and legal, official visitors, contractors, and volunteers entering Bureau of Prisons (Bureau) grounds and facilities, to maintain the safety, security, and orderly operation of those facilities, and protect the public.

This policy also provides staff procedures and guidance for detaining and arresting visitors pursuant to their Bureau statutory arrest authority, 18 U.S.C. § 3050, and involving local and Federal law enforcement agencies in detention and arrest situations.

§ 511.10 Purpose and scope.

(a) This subpart facilitates our legal obligations to ensure the safety, security, and orderly operation of Bureau of Prisons (Bureau) facilities, and protect the public. These goals are furthered by carefully managing non-inmates, the objects they bring, and their activities, while inside a Bureau facility or upon the grounds of any Bureau facility (Bureau grounds).

Federal Regulations from 28 CFR are in this type. Implementing instructions are in regular type.

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(b) Purpose. This subpart covers:

(1) Searching non-inmates and their belongings (for example, bags, boxes, vehicles, containers in vehicles, jackets or coats, etc.) to prevent prohibited objects from entering a Bureau facility or Bureau grounds;

(2) Authorizing, denying, and/or terminating a non-inmate’s presence inside a Bureau facility or upon Bureau grounds; and

(3) Authorizing Bureau staff to remove from inside a Bureau facility or upon Bureau grounds, and possibly arrest and detain, non-inmates suspected of engaging in prohibited activity.

(c) Scope/Application. This subpart applies to all persons who wish to enter, or are present inside a Bureau facility or upon Bureau grounds, other than inmates in Bureau custody. This subpart applies at all Bureau facilities and Bureau grounds, including administrative offices.

Procedures for performing electronic searches of Bureau staff are contained in a separate Program Statement, Staff Entrance and Search Procedures.

Procedures for searching inmate housing units, inmates, or inmate work areas are contained in the specific Bureau Program Statement Searches of Housing Units, Inmates, and Inmate Work Areas.

Summary of Changes. Section 10.a.(2) adds language regarding random pat searches.

2. PROGRAM OBJECTIVES

The expected results of this policy are to:

a. Provide clear notification of the Bureau’s search authority by posting notices at entrances to Bureau grounds and facilities.

b. Instruct Bureau staff on appropriate circumstances and methods for conducting authorized

searches.

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c. Prevent visitors entering Bureau grounds and facilities from conducting prohibited activities or possessing prohibited objects, by conducting authorized searches.

d. Ensure that any detentions or arrests by Bureau staff are pursuant to statutory authority and coordinated with local and Federal law enforcement agencies.

3. DIRECTIVES AFFECTED

a. Directive Rescinded

P5510.12 Searching, Detaining, or Arresting Visitors to Bureau Grounds and Facilities (1/15/08)

b. Directives Referenced

Federal regulations cited in this Program Statement are contained in 28 CFR §§ 511.10 through 511.18.

c. Code of Federal Regulations Referenced

28 CFR § 0.96 Delegations 28 CFR § 6.1 Consent of Warden or Superintendent Required

d. United States Code Referenced

18 U.S.C. Chapter 7 Assault 18 U.S.C. Chapter 31 Embezzlement and Theft 18 U.S.C. Chapter 35 Escape and Rescue 18 U.S.C. Chapter 44 Firearms 18 U.S.C. Chapter 65 Malicious Mischief 18 U.S.C. Chapter 87 Prisons 18 U.S.C. Chapter 203 Arrest and Commitment 18 U.S.C. Chapter 227 Sentences 18 U.S.C. Chapter 301 Prisons and Prisoners 28 U.S.C. Chapter 119 Evidence; Witnesses

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4. STANDARDS REFERENCED

a. American Correctional Association (ACA) Adult Correctional Institutions Standards, 4th

Edition: 4-4503.

b. American Correctional Association (ACA), Performance-based Standards for Adult Local

Detention Facilities, 4th Edition: 4-ALDF-5C-14.

5. INSTITUTION SUPPLEMENT REQUIRED

None.

6. DEFINITIONS

a. Prohibited Activities

§ 511.11 Prohibited activities.

(a) “Prohibited activities” include any activities that could jeopardize the Bureau’s ability to ensure the safety, security, and orderly operation of Bureau facilities, and protect the public, whether or not such activities are criminal in nature.

(b) Examples of “prohibited activities” include, but are not limited to: introducing, or attempting to introduce, prohibited objects into a Bureau facility or upon Bureau grounds; assisting an escape; and any other conduct that violates criminal laws or is prohibited by federal regulations or Bureau policies.

b. Prohibited Objects

§ 511.12 Prohibited objects.

(a) “Prohibited objects,” as defined in 18 U.S.C. § 1791(d)(1), include any objects that could jeopardize the Bureau’s ability to ensure the safety, security, and orderly operation of Bureau facilities, and protect the public.

(b) Examples of “prohibited objects” include, but are not limited to, the following items and their related paraphernalia: weapons; explosives; drugs; intoxicants; currency; cameras of any type; recording equipment; telephones; radios; pagers;

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electronic devices; and any other objects that violate criminal laws or are prohibited by Federal regulations or Bureau policies.

Title 18 U.S.C. § 1791 criminalizes providing, or attempting to provide, inmates with “prohibited objects.” Visitors providing, or attempting to provide, “prohibited objects” to inmates are subject to criminal prosecution.

Weapons are prohibited from being stored in vehicles on Bureau grounds, except as otherwise authorized by Bureau policy.

The term “weapons” includes “firearm,” “ammunition,” and “destructive device,” as defined below:

• Firearm means any weapon (including a starter gun) that will, or is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of such weapon; any firearm muffler or silencer; or any destructive device.
• Ammunition means ammunition or cartridge cases, primers, bullets, or propellent powder for use in a firearm.
• Destructive device means any explosive, incendiary, or poison gas, bomb, grenade, rocket with a propellant charge, missile, mine, or device similar to any of the devices described. This includes any type of weapon, under any name, that may be readily converted to expel a projectile by the action of an explosive or other propellant. Also included is any combination of parts designed or intended to convert a device into a destructive device or from which a destructive device may be readily assembled.

c. Contraband. As defined in 28 CFR § 500.1 (h), contraband is “material prohibited by law,

or by regulation, or material that can reasonably be expected to cause physical injury or adversely affect the security, safety, or good order of the institution.”

d. Dangerous Contraband. Any drug, alcohol, narcotic, illicit drug, and other intoxicating

substance or controlled dangerous substance; any firearm, weapon, explosive, or any lethal or poisonous gas; or any other substance or object designed or used to kill, injure, or disable (including electrical shock devices). Tobacco products and paraphernalia are considered dangerous contraband due to their potential value to inmates who are prohibited from using them in facilities.

e. Informant. An individual (inmate or non-inmate) who provides staff with information about

the commission of an offense, prohibited activity (past, current, or planned), prohibited object(s),

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or other information. The informant’s reliability may be determined by a record of past reliability or by other factors. To the extent practicable, staff must attempt to independently verify and corroborate the information received.

f. Warden. Refers to the institution’s chief executive officer, acting Warden, or administrative duty officer when the Warden or acting Warden is unavailable. At locations other than institutions the term Warden refers to the facility’s chief executive officer.

7. NOTIFICATION OF AUTHORITY TO SEARCH VISITORS

§ 511.13 Searches before entering, or while inside, a Bureau facility or Bureau grounds.

Bureau staff may search you and your belongings (for example, bags, boxes, vehicles, containers in vehicles, jackets or coats, etc.) before entering, or while inside, any Bureau facilities or Bureau grounds, to keep out prohibited objects.

§ 511.14 Notification of possible search.

We display conspicuous notices at the entrance to all Bureau facilities, informing all non-inmates that they, and their belongings, are subject to search before entering, or while inside, Bureau facilities or grounds. Furthermore, these regulations and Bureau national and local policies provide additional notice that you and your belongings may be searched before entering, or while inside, Bureau facilities or grounds. By entering or attempting to enter a Bureau facility or Bureau grounds, non-inmates consent to being searched in accordance with these regulations and Bureau policy.

An easily readable sign must be posted at all entrances to Bureau facilities. The sign must read as follows, in both English and Spanish:

NOTICE TO ALL PERSONS: CONSENT TO SEARCH

Federal Bureau of Prisons (Bureau) staff may search you and your belongings (bags, boxes, vehicles, containers in vehicles, jackets, coats, etc.) before you enter, or while you are on or inside, Bureau grounds or facilities.

Consent to Search Implied. By entering or attempting to enter Bureau grounds or facilities, you consent to being searched in accordance with Bureau policy and Federal Regulations in volume

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28 of the Code of Federal Regulations, Part 511. If you refuse to be searched, you may be prohibited from entering Bureau grounds or facilities.

NOTICE TO ALL PERSONS: PROHIBITED ACTIVITIES AND OBJECTS

You are prohibited from engaging in prohibited activities or possessing prohibited objects on Bureau grounds, or in Bureau facilities, without the knowledge and consent of the Warden. Violators may be detained or arrested for possible criminal prosecution, either by Bureau staff, or local or Federal law enforcement authorities.

Prohibited Activities include any activities that could jeopardize the Bureau’s ability to ensure the safety, security, and orderly operation of Bureau facilities, and protect the public, including, but not limited to, violations of Titles 18 and 21 of the United States Code, Federal regulations, or Bureau policies.

Prohibited Objects include, but are not limited to, weapons; explosives; drugs; intoxicants; currency; cameras of any type; recording equipment; telephones; radios; pagers; electronic devices; and any other objects that violate criminal laws or are prohibited by Federal regulations or Bureau policies.

A shorter notice must be posted at all entrances to Bureau grounds. It must be printed in large, readable print, in both English and Spanish, and read as follows:

NOTICE – All persons entering this Federal property are subject to a search of their person and belongings (bags, boxes, vehicles, containers in vehicles, jackets, coats, etc.).

8. WHEN SEARCHES CAN BE CONDUCTED

This section explains when staff may conduct searches of visitors entering Bureau grounds or facilities. It also provides guidance for establishing daily random selection methods, and determining when reasonable suspicion exists.

§ 511.15 When searches will be conducted.

You and your belongings may be searched, either randomly or based on reasonable suspicion, before entering, or while inside, a Bureau facility or Bureau grounds, as follows:

Visitors refusing to submit to or comply with authorized search procedures will be denied entry to Bureau grounds and facilities, or required to leave, per Section 11. Depending on the

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circumstances, such visitors may also be detained or arrested, either by Bureau staff or local or Federal law enforcement authorities, per Section 12.

a. Random searches

(a) Random Searches. This type of search may occur at any time, and is not based on any particular suspicion that a non-inmate is attempting to bring a prohibited object into a Bureau facility or Bureau grounds.

(1) Random searches must be impartial and not discriminate among non-inmates on the basis of age, race, religion, national origin, or sex.

(2) Non-inmates will be given the option of either consenting to random searches as a condition of entry, or refusing such searches and leaving Bureau grounds. However, if a non-inmate refuses to submit to a random search and expresses an intent to leave Bureau grounds, he or she may still be required to be searched if “reasonable suspicion” exists as described in paragraph (b) of this section.

Procedures for handling persons who refuse to submit to authorized searches, including persons attempting to leave Bureau facilities and grounds, are found in Sections 11 and 12.

Random selection of visitors for searching must be impartial and non-discriminatory. The concept of “random selection” includes either searching all visitors entering at a given time, or searching visitors according to a predetermined selection method, detailed below. Staff may not randomly select visitors for searching by any other method, or search visitors out of the predetermined random selection order without reasonable suspicion and shift supervisor approval, as detailed below.

A random selection method must be established and documented each day, before searching visitors entering Bureau grounds and facilities. Different random selection methods may be implemented for different types of visitors; i.e., inmate visitors, official visitors, contractors, or volunteers. The shift supervisor ensures appropriate random selection methods are implemented each day.

The random selection method on a given day may be different after considering all relevant factors, including:

• Type of search(es) being performed (e.g., electronic or pat searches of visitors, or searches of belongings or vehicles).
• Day and time searches occur (holidays, staffing levels, etc.).

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• Number of visitors to be searched (e.g., small number of individuals or large group(s)).
• Purpose for which visitors are entering the Bureau grounds or facility (e.g., inmate visitors, official visitors, contractors, volunteers).

Except when the random selection method is “all visitors,” recommended predetermined selection methods include the following, using numbers between one and ten:

• “Every third visitor.”
• “Search four, skip two.”
• “Search two, skip four, search three, skip four.”

Staff may not search visitors out of the predetermined random selection order unless reasonable suspicion indicates the visitor’s possible involvement with prohibited activities or objects. The shift supervisor’s approval is required to search visitors out of random order. Staff must document all such searches (i.e., visitor name, date, information forming basis of reasonable suspicion, search results, staff performing searches) as prescribed in Section 8.b.(2).

b. Reasonable Suspicion Searches

(b) Reasonable Suspicion Searches. Notwithstanding staff authority to conduct random searches, staff may also conduct reasonable suspicion searches to ensure the safety, security, and orderly operation of Bureau facilities, and protect the public. “Reasonable suspicion” exists if a staff member knows of facts and circumstances that warrant rational inferences by a person with correctional

experience that a non-inmate may be engaged in, attempting, or about to engage in, criminal or other prohibited activity.

(1) Reasonable Suspicion Required. A reasonable suspicion exists if the facts and circumstances known to a staff member warrant rational inferences by a person with correctional experience that a person is engaged in, attempting, or about to engage in criminal or other prohibited activities, including possession of prohibited objects.

Staff must be able to describe the subject’s specific behavior(s) and other information supporting the inference of reasonable suspicion. Staff should immediately consult with the shift supervisor when considering whether an additional search is justified based on reasonable suspicion. The shift supervisor and staff member review the information and circumstances, and decide whether the situation warrants referral to the Warden.

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Note. The Warden’s authorization is required when conducting visual searches of persons based on reasonable suspicion. Only the shift supervisor’s authorization is required to pat search a visitor out of the established random selection order.

A reasonable suspicion may be based on:

• Observations by staff.
• Reliable information, even if confidential.
• A positive reading by a metal detector or other electronic device.
• Finding contraband or indicia of contraband during the search of a visitor’s belongings.

Anonymous information cannot be the basis for reasonable suspicion without reliable corroboration.

“Hunches,” “gut feelings,” or “mere suspicion” do not meet the reasonable suspicion standard. However, they support continued observation, investigation, and questioning that may provide information needed to meet the reasonable suspicion standard.

(2) Documented Searches. When a visual search is performed based on reasonable suspicion, or when a visitor is searched out of established random order, a logbook entry must indicate:

• Date, time, and place the search is conducted.
• Persons involved (person being searched, staff conducting search, witnesses, if any).
• Circumstances justifying the search.
• Search results.
• Action taken, if any.

If the search was based on information from a confidential informant, a memo must be sent to the Special Investigative Supervisor, including the information provided, how the informant found out the information, and how staff decided the information was reliable.

(3) Reasonable Suspicion Examples. Following are examples of situations where reasonable suspicion may exist:

(A) Observed Suspicious Behavior. Staff may directly observe behavior that suggests involvement with prohibited activities or objects, and meets the reasonable suspicion standard.

For example, the visitor may attempt to place him/herself in a processing order that would result in no random searching, or may be highly nervous during questioning.

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(B) Inmate Suspect List. Intelligence investigations may provide enough information to meet the reasonable suspicion standard. Intelligence sources include monitored telephone calls, confidential informants, mail monitoring, financial transactions, urine surveillance, etc. Intelligence office staff provide the shift supervisor a list of inmates for whom information exists that may justify searching their visitors out of random order.

(C) Inmate Visitors Accompanying Another Visitor Found Engaging or Attempting to Engage in Prohibited Activities. If an inmate visitor is engaged in prohibited activities or possesses prohibited objects, and is accompanied by other visitors requesting to visit the same inmate, reasonable suspicion may exist to justify searching those other visitors.

9. AUTHORIZED SEARCH METHODS

This section explains the various search methods staff may use when searching visitors entering Bureau grounds or facilities. Staff are prohibited from using search methods not authorized by this or another specific Bureau policy.

Visitors using assistance devices (wheelchairs, prosthetics, etc.) must still be searched per this policy, insofar as practicable. Specific situations may require alternative security devices, including a hand-held metal detector or ion spectrometry device, to examine the assistance device.

a. Electronic Search Devices

§ 511.16 How searches will be conducted.

You may be searched by any of the following methods before entering, or while inside, a Bureau facility or Bureau grounds:

(a) Electronically.

(1) You and your belongings may be electronically searched for the presence of contraband, either randomly or upon reasonable suspicion.

(2) Examples of electronic searches include, but are not limited to, metal detectors and ion spectrometry devices.

The shift supervisor must ensure electronic searching devices are tested daily to ensure proper operation. Staff operating electronic search devices must be properly trained and certified.

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Metal detection device alarm tolerance levels must be set to effectively identify metallic contraband (for example, weapons). Test results are recorded in a log. Alarm tolerances for electronic search devices used on visitors must be synchronized within the same facility.

Visitors failing to clear a walk-through metal detector must be searched using a hand-held metal detector. Failure to clear the hand-held metal detector may qualify as reasonable suspicion to perform a further pat or visual search.

Some situations may not be remedied by a pat search, thus requiring a limited visual search. For example, a concealed medical device (e.g., knee brace under clothing, or insulin delivery system) may trigger the walk-through and hand-held metal detectors. In such cases, a limited visual search will ordinarily be required to confirm the device’s presence and qualification as a permitted object. Similarly, some items of clothing (e.g., underwire bra) may trigger the metal detectors, thus requiring a limited visual search for the same reason. In both type cases, it is important that a limited visual search always be performed discreetly, in a private area away from others, and by staff members of the same sex as the visitor being searched. Visual searches conducted by staff members of the opposite sex are only permitted in emergency situations with the Warden’s authorization. The situations described above should not rise to the level of such an emergency, but rather simply may cause a processing delay until a same-sex staff member and Warden’s authorization are available.

X-ray screening devices may be used routinely, or in addition to, visual searching of personal containers and belongings.

See the Program Statement Ion Spectrometry Device Program for procedures regarding use of these devices.

b. Pat Searches

(b) Pat Search.

(1) You and your belongings may be pat searched either randomly or upon reasonable suspicion.

(2) A pat search of your person or belongings involves a staff member pressing his/her hands on your outer clothing, or the outer surface of your belongings, to determine whether prohibited objects are present.

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(3) Whenever possible, pat searches of your person will be performed by staff members of the same sex. Pat searches may be conducted by staff members of the opposite sex only in emergency situations with the Warden’s authorization.

(1) Generally. Except in emergencies, pat searches of visitors must be conducted by staff of the same sex as the visitor being searched.

Where possible, conduct pat searches out of the view of other visitors and inmates. Where possible, erect privacy screens near the general processing area for more detailed searches.

(2) Religious Headwear. Religious headwear is not considered part of a visitor’s belongings, but rather their person. Random pat searches should NOT ordinarily include removal and inspection of religious headwear. Except in emergencies, Warden authorization is required before staff pat or visually search religious headwear.

Bureau policy does NOT require the higher degree of “reasonable suspicion” before searching religious headwear. Such searches may occur on authority of the Warden, after considering the factors listed below. Searches of religious headwear should be conducted out of the view of other visitors and inmates.

Before approving a pat or visual search of religious headwear, the Warden must carefully consider whether it is necessary and appropriate. Specific factors to consider include:

• Reason for the visitor’s presence in the facility (for example, inmate visitor or contract chaplain).
• Whether the visitor and headwear cleared a metal detector or other electronic searching device.
• The credentials of the visitor.
• The visitor’s relationship to the inmate, where applicable.
• Any other relevant information.

Pat or visual searches of religious headwear must be documented as for reasonable suspicion searches, per Section 8.b.(2).

Religious headwear that obscures a visitor’s face must be removed sufficiently to reveal the face for identification upon entering and leaving facilities, and does not require the heightened conditions described above or documentation. In these cases, the entire headwear need not be removed if partial removal will reveal the face for identification.

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c. Visual Searches.

(c) Visual Search. You and your belongings may be visually searched as follows:

(1) Person.

(i) A visual search of your person involves removing all articles of clothing, including religious headwear, to allow a visual (non-tactile) inspection of your body surfaces and cavities.

(ii) Visual searches of your person must always be authorized by the Warden or his/her designee and based on reasonable suspicion; random visual searches are prohibited.

(iii) When authorized, visual searches will be performed discreetly, in a private area away from others, and by staff members of the same sex as the non-inmate being searched. Visual searches may be conducted by staff members of the opposite sex in emergency situations with the Warden’s authorization.

(iv) Body cavity (tactile) searches of non-inmates are prohibited.

(2) Belongings. A visual search of your belongings involves opening and exposing all contents for visual and manual inspection, and may be done either as part of a random search or with reasonable suspicion.

(1) Visual Searches of Persons. Visual searches of persons may only be conducted when authorized by the Warden upon reasonable suspicion that the subject is engaged, or attempting to engage, in prohibited activities, including possession of prohibited objects.

Visual searches must be conducted out of the view of others, in areas that can be secured from unexpected entry.

Except for emergencies, as authorized by the Warden, visual searches must be conducted by staff of the same sex as the person being searched.

The special concerns in searching religious headwear (Section 9.b.(2), above) apply to visual searches of those items as well.

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(2) Visual Searches of Belongings. Visual searches of personal belongings may be conducted randomly, as defined in Section 8.a. They may be done with an x-ray screening device.

Visual searches of belongings are conducted as follows:

• Staff must be respectful of visitors’ belongings. Belongings and contents should not be handled carelessly, or in a manner that attracts unnecessary attention by others in the area.
• Staff should not make unnecessary or inappropriate comments regarding visitors’ belongings that might cause embarrassment.
• All containers – for example, purses, backpacks, and medication (prescription or over-the-counter) – must be opened and inspected.

(3) Visual Searches of Vehicles. Visual searches of visitors’ vehicles may be conducted randomly, as defined in Section 8.a, as follows:

• A minimum of two staff are required for a vehicle search.
• The driver of the vehicle must be present (if reasonably available), at least 20 feet away from the vehicle, under direct supervision of one staff member.
• The other staff member will visually search areas of the car that are reasonably accessible – engine compartment, under seats, interior compartments, trunks, and inside any containers in the vehicle.
• Keys for locked compartments or containers must be provided to staff, who unlock them rather than allowing the driver to do so. Refusal to provide keys is a refusal to submit to the search.
• Staff may not pry, force, or break open any areas to obtain access.

d. Drug Testing. Visitors intoxicated by alcohol or drugs can seriously jeopardize the safety, security, and orderly operation of facilities and threaten public safety. Their presence cannot be permitted.

Visitors intoxicated by any substance may be denied entry even if the source of the behavior is claimed to be authorized medication. Identification of the specific drug or chemical is not necessary to disallow entry.

(d) Drug Testing.

(1) You may be tested for use of intoxicating substances by any currently reliable testing method, including, but not limited to, breathalyzers and urinalysis.

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(2) Drug testing must always be authorized by the Warden or his/her designee and must be based on reasonable suspicion that you are under the influence of an intoxicating substance upon entering, or while inside, a Bureau facility or Bureau grounds.

(3) Searches of this type will always be performed discreetly, in a private area away from others, and by staff members adequately trained to perform the test. Whenever possible, urinalysis tests will be conducted by staff members of the same sex as the non-inmate being tested. Urinalysis tests may be conducted by staff members of the opposite sex only in emergency situations with the Warden’s authorization.

Drug testing can only occur when authorized by the Warden upon reasonable suspicion that the visitor is currently under the influence of a drug, and that such influence jeopardizes the safety, security, or orderly operation of the facility, or threatens public safety. Staff conducting drug tests must be properly trained and certified.

In this policy, a “drug” includes, but is not limited to, alcohol, narcotics, illicit drugs, and any other intoxicating substance.

Drug testing is conducted as follows:

• Staff must directly supervise and observe the specimen collection.
• Urine specimen collection must occur in a sex-appropriate restroom or private medical exam area, directly supervised by staff of the same sex as the visitor being tested.

10. SEARCH PROCEDURES

Procedures in this section apply to searching inmate visitors, both social and legal, official visitors, contractors, and volunteers, upon entering Bureau grounds or facilities. Exceptions require the Warden’s authorization, and may not exceed limits created by the applicable Federal regulations (rules) text.

Persons refusing to submit to or comply with authorized Bureau search procedures will be denied entry or required to leave. Depending on the circumstances, such persons may be detained or arrested, either by Bureau staff or by local or Federal law enforcement authorities, after following the procedures found in Sections 11 and 12.

a. Search Procedures. Inmate visitors, both social and legal, official visitors, contractors, and volunteers, must be searched as follows:

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(1) Random Electronic Searches. All visitors and their property/belongings will be randomly searched by electronic means (walk-through or hand-held metal detector, ion spectrometry devices, x-ray screening for personal containers and belongings, etc.).

At LOW security and higher facilities (including Administrative facilities), all visitors are required to clear a metal detector before entering. Alternate random selection methods are not used for this search requirement.

At MIN security facilities, random electronic searches may be conducted as deemed necessary and appropriate by the Warden or camp administrator.

(2) Random Pat Searches. All visitors are randomly pat-searched according to a daily random method determined by following procedures in Section 8.a. Contractors, volunteers, and inmates’ attorneys are not exempt from pat searches according to the established daily random method. Official visitors who will be under staff supervision and escort while visiting the institution may be exempted by the Warden from pat searches according to the established daily random method (e.g., judges, legislators, executive branch officials).

(3) Random Visual Searches of Belongings. At LOW security and higher facilities (including Administrative facilities), all visitors’ belongings must be visually searched. These searches may be done by an x-ray screening device. Alternative random selection methods are not used for this search requirement.

At MIN security facilities, random visual searches of belongings may be conducted as deemed necessary and appropriate by the Warden or camp administrator.

Staff visually search legal materials only to determine their qualification as legal materials and the absence of prohibited objects, but should not otherwise be read in detail. Visitors’ vehicles should also periodically receive random visual searches per procedures in Section 8.a.

(4) Reasonable Suspicion Visual Searches of Persons. Visual searches of persons may only be conducted when authorized by the Warden upon reasonable suspicion that such person is engaged, or attempting to engage, in prohibited activities, which may include possession of prohibited objects.

(5) Reasonable Suspicion Drug Testing. Drug testing visitors must always be authorized by the Warden, based on reasonable suspicion that the visitor is under the influence of an intoxicating substance while on Bureau grounds or in a facility.

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(6) Searches by Outside Law Enforcement. Searches of visitors by local or Federal law enforcement authorities may occur as authorized by law.

11. DENIAL OF ENTRY

§ 511.17 When a non-inmate will be denied entry to or required to leave a Bureau facility or Bureau grounds.

At the Warden’s, or his/her designee’s, discretion, and based on this subpart, you may be denied entry to, or required to leave, a Bureau facility or Bureau grounds if:

(a) You refuse to be searched under this subpart; or

(b) There is reasonable suspicion that you may be engaged in, attempting, or about to engage in, prohibited activity that jeopardizes the Bureau’s ability to ensure the safety, security, and orderly operation of its facilities, or protect the public. “Reasonable suspicion,” for this purpose, may be based on the results of a search conducted under this subpart, or any other reliable information.

Persons refusing to submit to or comply with authorized Bureau search procedures will be denied entry to Bureau grounds and facilities or required to leave. Depending on circumstances, such persons may be detained or arrested, either by Bureau staff, or by local or Federal law enforcement authorities. Warden authorization is required before taking any of these actions.

Upon learning that a person refuses to submit to or comply with an authorized search procedure, staff conducting the search must inform the person of the potential consequences. Staff may not use force to require persons to submit to searches unless there is evidence of an imminent threat of serious personal injury, or other result that imminently jeopardizes the safety, security, or orderly operation of the facility, or threatens public safety.

For procedures for limiting or terminating an inmate visit based on the result of searching visitors, or their refusal to submit to authorized searches, refer to the Program Statement Visiting Regulations.

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12. ARRESTING/DETAINING VISITORS

§ 511.18 When Bureau staff can arrest and detain a non-inmate.

(a) You may be arrested and detained by Bureau staff anytime there is probable cause indicating that you have violated or attempted to violate applicable criminal laws while at a Bureau facility, as authorized by 18 U.S.C. § 3050.

(b) “Probable cause” exists when specific facts and circumstances lead a reasonably cautious person (not necessarily a law enforcement officer) to believe a violation of criminal law has occurred, and warrants consideration for prosecution.

(c) Non-inmates arrested by Bureau staff under this regulation will be physically secured, using minimally necessary force and restraints, in a private area of the facility away from others. Appropriate law enforcement will be immediately summoned to investigate the incident, secure evidence, and commence criminal prosecution.

a. Probable Cause. Staff may arrest a person only when there is probable cause to believe that the person has engaged in, or attempted to engage in, a violation of Federal criminal law(s) for which Bureau staff are authorized to make arrests.

In this policy, “probable cause” exists when specific facts and circumstances lead a reasonably cautious person (not necessarily a law enforcement officer) to believe a violation of criminal law has occurred and warrants consideration for prosecution. Probable cause may be based on information from a reliable informant.

Neither “reasonable suspicion” nor “mere suspicion” are sufficient standards by which staff may make arrests. “Probable cause” is a higher standard than both. The existence of reasonable, or mere, suspicion warrants taking action to neutralize, or “freeze,” the situation to allow further investigation, questioning, and development. Staff in these circumstances may “detain” persons for short periods without formally “arresting” them.

b. Detaining a Person. A person may be detained pending further investigation, or while staff await advice from, or arrival of, law enforcement officials, to confirm or dispel a suspicion that the individual may have committed a criminal offense, or engaged in prohibited activities, including possession of prohibited objects.

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Staff should carefully consider whether detention of a person under this section is necessary. A key consideration is whether detention is necessary to avoid or ensure criminal prosecution of an event that threatens the safety, security, or orderly operation of the facility, or public safety.

For example, staff may elect to detain a person who is suspected of assaulting a staff member, in which case the person may be held for a reasonable period, pending notification of, consultation with, and arrival of law enforcement officials.

An individual should not ordinarily be detained for conduct that poses little or no threat to the safety, security, or orderly operation of the facility, or public safety. For example, if a person is observed to be under the influence of alcohol or drugs, and makes no apparent effort to bring alcohol or drugs into the facility, staff ordinarily would not detain him/her, although they have authority to do so. Staff have the option of advising law enforcement officials of this situation, who will then decide whether they wish to stop the individual when departing Bureau grounds.

When a person is detained, staff should write down appropriate information (name, description, license number, circumstances warranting referral) and provide it to law enforcement officials when they arrive.

Bureau legal staff must be consulted regarding any individual detained in lieu of arrest for over two hours. Bureau legal staff should also be consulted when staff have questions about detaining an individual.

c. Arresting a Person. Bureau staff may arrest a person only when there is probable cause to

believe that the person has violated Federal criminal laws for which Bureau staff are authorized to make arrests. For example, staff may arrest a person when there is probable cause to believe that such person is attempting to assist an escape, facilitate a disturbance, or introduce dangerous contraband.

Staff’s legal authority for arresting a visitor or other person is Title 18, United States Code, § 3050 (18 U.S.C. § 3050), which authorizes Bureau officers and employees (not including U.S. Public Health Service officers detailed to the Bureau) to make an arrest:

(1) On or off Bureau premises, without warrant, for violation of the following provisions, regardless of where the violation may occur:

– 18 U.S.C. § 111 – Assaulting Officers. A Bureau officer or employee has the authority to arrest without warrant any person who forcibly assaults, opposes, resists, impedes, intimidates, or interferes with an employee of any Federal institution while engaged in or on account of the performance of official duties.

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– 18 U.S.C. § 751 – Escape of Prisoner in Custody of Institution or Officer. A Bureau officer or employee has the authority to arrest an inmate who is attempting to escape or who is on escape status. The escapee should be returned to a Federal institution as soon as possible, but may be temporarily detained by local authorities. Staff observing an escape should not attempt an apprehension without assistance, which may be obtained through the local institution or any law enforcement agency. The Bureau is to be notified of any apprehension and site of detention as soon as practicable.

– 18 U.S.C. § 752 – Instigating or Assisting Escape. A Bureau officer or employee has the authority to arrest any individual who is actively instigating or assisting an inmate in an immediate escape from custody. This authority does not extend to individuals suspected of this activity and is limited to instances when the individual(s) is observed in actively assisting an escape from immediate custody, or the individual’s role as an instigator is such that there is probable cause to believe that continued instigation could lead to an attempt to escape. Suspicion of such activity and arrests resulting from illegal acts described in this section are reported to the appropriate law enforcement officials.

– 28 U.S.C. § 1826(c) – Escape of Recalcitrant Witness.

(2) On Bureau of Prisons premises or reservation land of a penal, detention, or correctional facility, without warrant, for violation of the following provisions:

– 18 U.S.C. § 661 – Theft. A Bureau officer or employee has the authority to arrest any person who, on Bureau premises or reservation land, takes and carries away, with intent to steal or purloin, any personal property of another.

– 18 U.S.C. § 1361 – Depredation of Property. A Bureau officer or employee has the authority to arrest on Bureau premises or reservation land any person who willfully injures or commits any depredation against any property of the United States, or of any department or agency thereof.

– 18 U.S.C. § 1363 – Destruction of Property. A Bureau officer or employee has the authority to arrest on Bureau premises or reservation land any person who willfully and maliciously destroys or injures, or attempts to destroy or injure, any building, structure, machinery, or building materials.

– 18 U.S.C. § 1791 – Providing or Possessing Contraband in Prison. Under this section, a Bureau officer or employee has the authority to arrest an individual who provides, or attempts to provide, contraband to an inmate, or who is introducing or attempting to introduce contraband into a Federal institution, although in practice an arrest ordinarily occurs only when dangerous

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contraband is involved. To effect an arrest under 18 U.S.C. § 1791, there must be a deliberate attempt by the individual to introduce contraband for delivery to an inmate. Thus, a person found to have contraband in a vehicle on an institution reservation does not ordinarily present sufficient cause for arrest by a Bureau employee, although the nature of the contraband may warrant a referral to local or Federal law enforcement officials. The person ordinarily is asked to leave and to dispose of the contraband before returning.

Note: When dangerous contraband is introduced or attempted to be introduced into a Federal institution, staff may impound it for referral to law enforcement officials.

Note: Although 18 U.S.C. § 4012 authorizes Bureau officers and employees to summarily seize any object introduced into, or possessed within, a Federal institution in violation of a rule, regulation, or order promulgated by the Director, the Bureau has determined that, as applied to non-inmates, such seizure ordinarily is limited to dangerous contraband, with the contraband being referred to law enforcement officials for possible use in criminal proceedings. Any exception to this procedure must have prior written approval, with reasons included, of the Warden, acting Warden, or administrative duty officer; a copy is forwarded to the regional correctional services administrator.

– 18 U.S.C. § 1792 – Mutiny and Riot Prohibited. A Bureau officer or employee who encounters an individual who is instigating, conniving, or willfully attempting to cause or assist, or is conspiring to cause any mutiny or riot at any Federal institution, shall effect an arrest. Bureau policy is to effect an arrest for a violation listed in § 1792 upon determining that the act is deliberate and intentional, and when the employee has probable cause to believe that the individual intends to violate the cited prohibited acts of this section.

– 18 U.S.C. or 21 U.S.C. Non-inmates may be arrested without warrant for any other offense described in title 18 or 21 of the United States Code, if committed on the premises or reservation of a Bureau facility, and necessary to safeguard security, good order, or government property.

Such an arrest may be made when staff has probable cause to believe that a person has committed one of these offenses, and when there is likelihood of the person escaping before a warrant can be obtained. Whenever possible, the Warden or designee shall determine whether an arrest should occur.

d. Use of Firearms. Bureau staff may use firearms to help detain or arrest a visitor or other person, as provided in the Program Statement Correctional Services Manual.

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e. Notification to the Regional Director. The Warden shall notify the Regional Director or

designee by telephone when an arrest is made under this section. Detailed written documentation is forwarded to the Regional Director within three work days of the arrest.

f. Removal of a Visitor or Person Other Than an Inmate From an Institution. If a visitor or

other person is denied entry to the facility, but refuses to leave the Bureau grounds, law enforcement authorities should be contacted to remove the person, unless the person’s actions fall within one of the serious Federal crimes cited above.

When time or circumstances do not permit contact with local or Federal law enforcement officials, or when law enforcement officials are unable to come to the facility, staff may use the minimum force necessary to remove a person who refuses to leave Federal property.

Staff forward a report through the Warden to the Regional Director describing the circumstances requiring the use of force.

g. Custodial Interrogation. Interrogating visitors or other persons in custody under this section is the responsibility of local or Federal law enforcement officials. Staff should not interrogate such persons unless immediate questioning is necessary to protect the security of the facility or the life or safety of any person.

h. Handling of Evidence. This must be done in accordance with the “Chain of Custody Rules

for Preservation of Evidence.” Refer to the Program Statement Special Investigative Supervisors’ Manual for further information concerning the collection and maintenance of evidence.

i. Illicit Drug Testing Kit. Contraband in the form of suspected illicit drugs is to be tested with the approved drug testing kit. A positive result is sufficient reason to refer the incident to local or Federal law enforcement for possible prosecution.

Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026