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Title XXXVII CRIMINAL PROCEDURE

Chapter 544

previous next Effective - 28 Aug 1980bottom

  544.193.  Strip searches prohibited, when — how executed if authorized. — 1.  As used in sections 544.193 to 544.197:

  (1)  "Body cavity search" means the inspection of a person's anus or genitalia, including but not limited to inspections conducted visually, manually or by means of any physical instrument.

  (2)  "Strip search" means the removal or rearrangement of some or all of the clothing of a person so as to permit an inspection of the genitals, buttocks, anus, breasts or undergarments of such person, including but not limited to inspections conducted visually, manually or by means of any physical instrument.

  2.  No person arrested or detained for a traffic offense or an offense which does not constitute a felony may be subject to a strip search or a body cavity search by any law enforcement officer or employee unless there is probable cause to believe that such person is concealing a weapon, evidence of the commission of a crime or contraband.

  3.  All strip searches and body cavity searches conducted by law enforcement officers or employees in this state shall be performed by persons of the same sex as the person being searched, and shall be conducted on premises where the search cannot be observed by any person other than the persons physically conducting the search, except that nothing herein shall be interpreted to prohibit a readily available person from being present at the request and consent of the person being searched.

  4.  A body cavity search of any person detained or arrested for a traffic offense or an offense which does not constitute a felony may only be conducted pursuant to a duly executed search warrant, under sanitary conditions and by a physician, registered nurse or practical nurse, licensed to practice in this state.

  5.  Every law enforcement officer or employee conducting a strip search or body cavity search shall:

  (1)  Obtain the written permission of the person in command of the law enforcement agency in which the strip search or body cavity search is to be conducted authorizing the strip search or body cavity search; and

  (2)  Prepare a report regarding the strip search or body cavity search. The report shall include:

  (a)  The written permission required in subdivision (1) above;

  (b)  The name of the person searched;

  (c)  The name of the persons conducting the search;

  (d)  The time, date and place of the search.  

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A copy of the report shall be furnished to the person who was searched.

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(L. 1980 H.B. 982 § 1)


---- end of effective   28 Aug 1980 ----

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