Code of Maine Rules
26 - DEPARTMENT OF THE ATTORNEY GENERAL
239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL
Chapter 1 - RULES FOR STRIP SEARCHES, MANUAL MOUTH SEARCHES, AND BODY CAVITY SEARCHES OF ARRESTEES
Section 239-1-I - Definitions

1. Arrestee: a person who has been placed under custodial arrest by a law enforcement officer. Once remanded by a court to a facility, the person is no longer considered an arrestee.

2. Body cavity search: an inspection of an arrestee's anal or vaginal cavity by insertion of fingers or instruments.

3. Facility: any state correctional or detention facility, county institution or facility, or local lockup.

4. Law enforcement officer: For purposes of these rules, "law enforcement officer" means a "law enforcement officer" as defined in 17-A M.R.S.A. §2(17), a "law enforcement officer" as defined in 25 M.R.S.A. §2801-A(5), a "transport officer" as defined in 25 M.R.S.A. §2801-A(8), a "corrections officer" as defined in 17-A M.R.S.A. §2(5-A) and 25 M.R.S.A. §25M .R.S.A. § 2801-A(2) , a "corrections supervisor" as defined in 17-A M.R.S.A. §2(5-B), or a jailer, jailer's assistant, or employee as provided for in 30-A M.R.S.A. §1501.

5. Manual mouth search: a search of an arrestee's mouth, including any dentures located in the mouth, with the use of fingers or instruments.

6. Medically trained personnel: "Medically trained personnel" means a licensed physician, physician's assistant, nurse practitioner, or registered nurse.

7. Strip search: a search during which any private part of an arrestee's body, including an arrestee's anal or genital area or buttocks or a female arrestee's breasts, is visually inspected. There may not be any manual search of the arrestee during a strip search except for a manual mouth search unless the rules governing body cavity searches are complied with.