28 C.F.R. § 552.14
Search of inmate housing and work areas
(a) Staff may search an inmate's housing and work area, and personal items contained within those areas, without notice to or prior approval from the inmate and without the inmate's presence.
(b) Staff conducting the search shall leave the housing or work area as nearly as practicable in its original order.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2002–2022 · leading case: United States v. Brian Micko Yeary, 740 F.3d 569 (11th Cir. 2014).
United States v. Brian Micko Yeary, 740 F.3d 569 (11th Cir. 2014). “If it is permissible to detain a federal arrestee and deprive him of his liberty—including any expectation of privacy with respect to his housing unit, see 28 C.F.R. § 552.14 (a) (“Staff may search an inmate’s housing and work area, and personal items contained within those…”
Alfrey v. United States, 276 F.3d 557 (9th Cir. 2002). “10 , is only the “Purpose and Scope” preamble to Subpart B, and cannot be read as a discretion granting regulation, particularly in light of the specific regulation that governs “housing” searches. The only discretion expressly granted by that regulation is that a cell (housing)…”
Chavez v. Leu (W.D. Mich. 2022). “” 28 C.F.R. § 552.14 . Moreover, BOP Program Statement 5521.”
Parker v. United States of Am. (D.N.J. 2019). “The BOP requires searches of inmates, their housing units, and work areas in order to locate contraband and deter its introduction, in accordance with 28 C.F.R. § 552.14 and Program Statement 5521.”
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