26- 239 C.M.R. ch. 1, § V

Current through 2025-03, January 15, 2025
Section 239-1-V - Inapplicability of Rules

Pursuant to 5 M.R.S.A. §200-G, these rules do not apply to persons who are taken into custody for execution of a sentence, who have been remanded by a court to a facility, or who are already inmates of a facility. Strip searches, manual mouth searches, and body cavity searches of these persons are governed by the Fourth Amendment to the United States Constitution, Article I, § 5 of the Maine Constitution, and existing policies and procedures of facilities. These rules do not apply to other types of searches of arrestees or other persons, including, but not limited to, pat down or frisk searches and visual mouth searches. These other searches are governed by the Fourth Amendment to the United States Constitution, Article I, § 5 of the Maine Constitution, and existing policies and procedures of facilities.

26- 239 C.M.R. ch. 1, § V