26- 239 C.M.R. ch. 1, § III

Current through 2024-44, October 30, 2024

Section 239-1-III - Method of Search

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.

26- 239 C.M.R. ch. 1, § III