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-II - Preconditions for Searches

Universal Citation: 26 ME Code Rules ยง 239-1-II

Current through 2024-52, December 25, 2024

1. Strip search and manual mouth search. An arrestee may be subjected to a strip search and manual mouth search if either of the following preconditions for such searches exists:

A. Arrestee for a violent, weapon, or drug offense. An arrestee for a violent, weapon, or drug offense, or a corresponding juvenile offense, may be subjected to a strip search and manual mouth search.

B. All other arrestees. An arrestee for other than a violent, weapon, or drug offense, or corresponding juvenile offense, may be subjected to a strip search and manual mouth search if the law enforcement officer authorizing such search has reasonable suspicion that the arrestee is concealing on or inside the arrestee's body a weapon, contraband, or evidence of a crime. Reasonable suspicion may be based on such factors as the nature of any offense for which the arrestee has previously been arrested, any prior facility history of the arrestee, the arrestee's appearance, the arrestee's conduct, and items found during a less intrusive search.

2. Body cavity search. An arrestee may be subjected to a body cavity search if the law enforcement officer authorizing such search has probable cause to believe that the arrestee is concealing inside a body cavity a weapon, contraband, or evidence of a crime. The search shall be conducted pursuant to a search warrant issued upon probable cause. The warrant may be dispensed with, however, under the constitutionally recognized exceptions of exigent circumstances or consent. Consent must be written.

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