C.M.R. 26, 239, ch. 1 - RULES FOR STRIP SEARCHES, MANUAL MOUTH SEARCHES, AND BODY CAVITY SEARCHES OF ARRESTEES

SUMMARY: These rules for strip searches, manual mouth searches, and body cavity searches of arrestees are promulgated pursuant to 5 M.R.S.A. §200-G(1). They establish acceptable procedures for conducting these kinds of searches. To the extent that these rules do not address any aspect of these kinds of searches, the governing law is the Fourth Amendment to the United States Constitution and Article I, § 5 of the Maine Constitution. Section I of the rules contains definitions. Section II specifies the preconditions for conducting strip searches, manual mouth searches, and body cavity searches. Section III identifies the people who may conduct strip searches, manual mouth searches, and body cavity searches and the procedures to be followed. Section IV sets forth the records that must be kept of these kinds of searches. Section V clarifies that these rules apply only to arrestees and do not apply to persons who are taken into custody for execution of a sentence, who have been remanded by a court to a facility, or who are already inmates of a facility and clarifies that these rules do not apply to other types of searches of arrestees or other persons.