544.193. Strip searches prohibited, when--how executed if authorized. - Missouri Statutes

Strip searches prohibited, when--how executed if authorized.

544.193. 1. As used in sections 544.193 to 544.197:

(1) "Body cavity search" means the inspection of a person's anus orgenitalia, including but not limited to inspections conducted visually,manually or by means of any physical instrument.

(2) "Strip search" means the removal or rearrangement of some or all ofthe clothing of a person so as to permit an inspection of the genitals,buttocks, anus, breasts or undergarments of such person, including but notlimited to inspections conducted visually, manually or by means of anyphysical instrument.

2. No person arrested or detained for a traffic offense or an offensewhich does not constitute a felony may be subject to a strip search or a bodycavity search by any law enforcement officer or employee unless there isprobable cause to believe that such person is concealing a weapon, evidence ofthe commission of a crime or contraband.

3. All strip searches and body cavity searches conducted by lawenforcement officers or employees in this state shall be performed by personsof the same sex as the person being searched, and shall be conducted onpremises where the search cannot be observed by any person other than thepersons physically conducting the search, except that nothing herein shall beinterpreted to prohibit a readily available person from being present at therequest and consent of the person being searched.

4. A body cavity search of any person detained or arrested for a trafficoffense or an offense which does not constitute a felony may only be conductedpursuant to a duly executed search warrant, under sanitary conditions and by aphysician, registered nurse or practical nurse, licensed to practice in thisstate.

5. Every law enforcement officer or employee conducting a strip searchor body cavity search shall:

(1) Obtain the written permission of the person in command of the lawenforcement agency in which the strip search or body cavity search is to beconducted authorizing the strip search or body cavity search; and

(2) Prepare a report regarding the strip search or body cavity search.The report shall include:

(a) The written permission required in subdivision (1) above;

(b) The name of the person searched;

(c) The name of the persons conducting the search;

(d) The time, date and place of the search. A copy of the report shall be furnished to the person who was searched.

(L. 1980 H.B. 982 § 1)