C.F.R. » Title 28 » CHAPTER V—BUREAU OF PRISONS, DEPARTMENT OF JUSTICE › SUBCHAPTER C—INSTITUTIONAL MANAGEMENT › PART 552—CUSTODY › Subpart B—Searches of Housing Units, Inmates, and Inmate Work Areas

28 C.F.R. § 552.10

Purpose and scope

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In order to further the safe, secure, and orderly running of its institutions, the Bureau of Prisons conducts searches of inmates and of inmate housing and work areas to locate contraband and to deter its introduction and movement. Staff shall employ the least intrusive method of search practicable, as indicated by the type of contraband and the method of suspected introduction.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1984–2021 · leading case: Travis Denny v. Paul Schultz, 708 F.3d 140 (3d Cir. 2013).
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Travis Denny v. Paul Schultz, 708 F.3d 140 (3d Cir. 2013). · cites it 2× “” 28 C.F.R. § 552.10 (2008). Notwithstanding the prison’s interest in ensuring safety and security, a prisoner’s interest in good time credits “entitle[s] him to those minimum procedures appropriate under the circumstances and required by the Due Process Clause to insure that…”
Alfrey v. United States, 276 F.3d 557 (9th Cir. 2002). · cites it 2× “Title 28 C.F.R. § 552.10 authorizes the Bureau of Prisons to conduct “searches of inmates and of inmate housing and work areas.”
United States v. William Eldridge Caldwell, 750 F.2d 341 (5th Cir. 1984). “” 28 C.F.R. § 552.10 . The regulations then enumerate and define a number of types of searches, including digital and x-ray searches.”
Mallett-El v. United States, No. 21-1263 (Fed. Cl. Dec. 9, 2021). · cites it 2× “See 28 C.F.R. § 552.10 (stating that the search policy is intended to “further the safe, secure, and orderly running of [BOP] institutions”).”
Russo v. United States, No. 1:20-cv-04999 (S.D.N.Y. Nov. 18, 2021). “Specifically, Russo notes that 28 C.F.R. §§ 552.10 , 552.11 and 552.14 comprise an authorization for “searches on inmates and of inmate housing and work areas to locate contraband and to deter its introduction and movement” and an outline of how such searches are to be conducted.”
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