Illinois Administrative Code
Title 95 - VETERANS AND MILITARY AFFAIRS
Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE
Section 400.640 - Body Views and Intrusions
Current through Register Vol. 48, No. 12, March 22, 2024
a) General. Evidence obtained from body views and intrusions conducted in accordance with this Section is admissible at trial when relevant and not otherwise inadmissible under this Section.
b) Visual Examination of the Body
c) Intrusion Into Body Cavities. A reasonable nonconsensual physical intrusion into the mouth, nose and ears may be made when a visual examination of the body under subsection (b) is permissible. Nonconsensual intrusions into other body cavities may be made:
d) Extraction of Body Fluids. Nonconsensual extraction of body fluids, including blood and urine, may be made from the body of an individual pursuant to a search warrant or a search authorization under Section 400.650(b) and conducted by a person with appropriate medical qualifications. Nonconsensual extraction of body fluids may be made without a warrant or authorization, notwithstanding Section 400.650(b)(7) only when there is clear indication that evidence of crime will be found and that there is reason to believe that the delay that would result if a warrant or authorization were sought could result in the destruction of the evidence. Involuntary extraction of body fluids under this subsection (d) must be done in a reasonable fashion by a person with appropriate medical qualifications.
e) Other Intrusive Searches. Nonconsensual intrusive searches of the body made to locate or obtain weapons, contraband or evidence of crime and not within the scope of subsection (b) or (c) may be made only with a warrant or search authorization under Section 400.650(b) and only if the search is conducted in a reasonable fashion by a person with appropriate medical qualifications and does not endanger the health of the person to be searched. Compelling a person to ingest substances for the purposes of locating the weapon, contraband or evidence or to compel the bodily elimination of that property is a search within the meaning of this subsection (e). However, a person who is neither a suspect nor an accused may not be compelled to submit to an intrusive search of the body for the sole purpose of obtaining evidence of crime.
f) Intrusions for Valid Medical Purposes. Nothing in this Section shall be deemed to interfere with the lawful authority of the SMF to take whatever action may be necessary to preserve the health of an SMF member. Evidence or contraband obtained from an examination or intrusion conducted for a valid medical purpose may be seized and is not evidence obtained from an unlawful search or seizure within the meaning of Section 400.650(a).
g) Medical Qualifications. The Adjutant General may prescribe appropriate medical qualifications for persons who conduct searches and seizures under this Section. (Il. Mil. R. Evid. 312)