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-IV - Records

Current through 2024-38, September 18, 2024

Each strip search, manual mouth search, and body cavity search of an arrestee shall be recorded in a log kept by the law enforcement agency whose officers were involved in the search. The log shall be kept for a minimum of seven years.

The log shall indicate the name of the officer who ordered the search, the name of the officer or medically trained personnel who conducted the search, the names of the officers present at the search, the name of the arrestee, the type of search conducted (strip search, manual mouth search, or body cavity search), the parts of the body searched, and the justification or justifications for the search, e.g., (1) search warrant, (2) exigent circumstances and probable cause, (3) consent, (4) arrestee for a violent, weapon, or drug crime, or corresponding juvenile offense, or (5) arrestee for other than a violent, weapon, or drug crime, or corresponding juvenile offense, combined with reasonable suspicion. Where the justification for a warrantless search is based on the existence of probable cause and exigent circumstances or reasonable suspicion, such probable cause and exigent circumstances or reasonable suspicion shall be summarized in the log. Where the justification for a warrantless search is consent, the written consent must be kept by the law enforcement agency for a minimum of seven years.

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