Show notes
In this archive episode, Dennis goes over some guidelines regarding strip and body cavity searches. Recorded on 06/10/2018.
I. Definitions
A. Strip Search
1. Removal or rearrangement of clothing to permit visual inspection of a person's
a. undergarments
b. buttocks
c. anus
d. genitals
e. breasts
2. The following does not constitute a strip search:
a. removal or rearranging of clothing reasonably required to render medical treatment or assistance, or
b. removal of articles of outer clothing, such as coats, ties, belts, or shoelaces.
B. Body Cavity Search
1. Visual inspection or manual search of a person's
a. anal cavity
b. vaginal cavity
II. Search Requirements
A. Detention or arrest without custodial confinement
1. Strip Search
a. NO exigent circumstances:
(1) Search warrant or consent, and
(2) Authorized by officer in charge of the station house.
b. Exigent circumstances:
Strip Search and Body Cavity Search Requirements and Procedures
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(1) Probable cause to believe that the person is concealing a weapon, contraband, or evidence of crime, and
(2) Exigent circumstances prevent obtaining a search warrant or approval of officer in charge.
2.
Body cavity search is not appropriate without custodial confinement
B. Custodial Confinement
1. Strip Search
a. Officer in charge authorizes confinement in municipal detention facility or transfer to adult correctional facility, and
b. Officer in charge authorizes search, and
c. One of the following:
(1) Search warrant, or
(2) Consent, or
(3) Reasonable suspicion to believe that the person is concealing a weapon, contraband or Controlled Dangerous Substances.
2. Body Cavity Search
a. Officer in charge authorizes confinement in municipal detention facility or transfer to adult correctional facility, and
b. Officer in charge authorizes search, and
c. One of the following:
(1) Search warrant, or
(2) Consent
III. Procedures
A. Strip Search
1. Conducted by person of same sex, and
2. Conducted in private, and
3. Conducted under sanitary conditions, and
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4. Conducted in a professional and dignified manner, and
5. In custodial confinement, conducted in accordance with Department of Corrections regulations
B. Body Cavity Search
1. Conducted by licensed physician or registered nurse of same sex, and
2. Conducted in private, and
3. Conducted in a medically acceptable manner and environment, and
4. Conducted under sanitary conditions, and
5. Conducted in accordance with Department of Corrections regulations.
IV. Reporting Requirements
A. Officer who performs strip search or has body cavity search conducted must report the reason for this search on the record of arrest. The report must include:
1. A statement of facts indicating the reasonable suspicion or probable cause for the search.
2. A copy of the search warrant, if appropriate.
3. A copy of the consent form, if appropriate.
4. The name of the officer in charge who authorized the search.
5. The names of the persons conducting the search.
6. An inventory of any items found during the search.
B. If exigent circumstances were the basis for the search, the officer who conducted the strip search must file a separate written report stating the reasons for the immediate search.
V. Requirements and Procedures for Officer in Charge of Station House
A. The arrested person should be processed in accordance with R. 3:4-1, a summary of this court rule is attached, and, if applicable, with standard operating procedure adopted by the county prosecutor.
Strip Search and Body Cavity Search Requirements and Procedures
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B. Where appropriate, a person arrested in accordance with R. 3:4-1 shall be released or have bail set without unnecessary delay but in no event later than 12 hours after arrest.
C. Unless authorized by search warrant or consent, a strip search should not be conducted if the arrested person will be