§200-G. Strip searches and body cavity searches
1. Rules promulgated. The Attorney General shall promulgate rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, relating to strip searches and body cavity searches of arrestees. These rules shall be a guide for the conduct of law enforcement officers in enforcing the law and shall establish acceptable procedures for conducting a strip search or a body cavity search of an arrestee when the arrestee is concealing a weapon or where an officer has a reasonable belief that the arrestee may be concealing contraband or evidence of a crime.
A copy of these rules shall be furnished to each officer within the Department of Public Safety and to each sheriff's department and police department statewide and shall be filed and be available for public inspection at the headquarters of each department.
[PL 1983, c. 789, §1 (NEW).]
2. Conditions. The rules promulgated by this subsection shall be subject to the following conditions:
A. [PL 2003, c. 196, §1 (RP).]
B. Strip searches or body cavity searches of the mouth shall be conducted by an officer or officers or by authorized medical personnel of the same sex as the arrestee under conditions so that the search cannot be observed by persons other than the officer or officers or authorized medical personnel conducting the search. [PL 1983, c. 789, §1 (NEW).]
C. Body cavity searches other than of the mouth shall be conducted by medically trained personnel of the same sex as the arrestee under conditions so that the search cannot be observed by persons other than those conducting the search. [PL 1983, c. 789, §1 (NEW).]
D. Each strip search or body cavity search shall be recorded in a log kept by the Department of Public Safety, sheriff's department or police department indicating the person who ordered the search, the name of the arrestee and the parts of the body searched. [PL 1983, c. 789, §1 (NEW).]
[PL 2003, c. 196, §1 (AMD).]
3. Immunity. A person is immune from criminal or civil liability for an act or omission in conducting a body cavity search if:
A. The body cavity search is pursuant to a search warrant directing the body cavity search; [PL 1999, c. 290, §1 (NEW).]
B. The person is authorized to conduct a body cavity search under the rules adopted pursuant to subsection 1; and [PL 1999, c. 290, §1 (NEW).]
C. The person uses due care in conducting the body cavity search. [PL 1999, c. 290, §1 (NEW).]
Nothing in this subsection requires a person authorized to conduct body cavity searches to conduct a body cavity search pursuant to a search warrant.
[PL 1999, c. 290, §1 (NEW).]
SECTION HISTORY
PL 1983, c. 789, §1 (NEW). PL 1999, c. 290, §1 (AMD). PL 2003, c. 196, §1 (AMD).
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.