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-III - Method of Search
Universal Citation: 26 ME Code Rules ยง 239-1-III
Current through 2024-52, December 25, 2024
1. Strip search and manual mouth search
A.
Person to conduct search. A strip search and manual mouth search
must be conducted by
1 a law enforcement
officer or officers of the same gender as the arrestee, or
2 medically trained personnel of the same
gender as the arrestee.
B.
Exclusion of third persons.
The search cannot be observed by persons other than
1 persons conducting the search as identified
in III(l)(A) above, and
2 only the
number of law enforcement officers of the same gender as the arrestee necessary
to be present at the search for one or more law enforcement purposes, such as
(a) the protection of the person conducting the search, (b) the witnessing of
the removal of any weapon, contraband, or evidence of a crime from the body or
clothing of the arrestee, (c) the seizure of such weapon, contraband, or
evidence, and (d) any other legitimate law enforcement purpose.
C. Persons conducting or observing
the search shall treat the arrestee with respect to minimize embarrassment and
indignity.
2. Body cavity search
A.
Person to
conduct search. A body cavity search must be conducted by medically
trained personnel of the same gender as the arrestee. A body cavity search may
not be conducted by law enforcement officers, unless the law enforcement
officers are also medically trained personnel.
B.
Exclusion of third persons.
The search cannot be observed by persons other than
1 the medically trained personnel conducting
the search, and
2 only the number
of law enforcement officers of the same gender as the arrestee necessary to be
present at the search for one or more law enforcement purposes, such as (a) the
protection of the medically trained personnel, (b) the witnessing of the
removal of any weapon, contraband, or evidence of a crime from the body or
clothing of the arrestee, (c) the seizure of such weapon, contraband, or
evidence, and (d) any other legitimate law enforcement purpose.
C. Persons conducting or observing
the search shall treat the arrestee with respect to minimize embarrassment and
indignity.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
