10.79.130 - Strip, body cavity searches -- Warrant required -- Exceptions. - Washington Statutes

Strip, body cavity searches — Warrant required — Exceptions.

(1) No person to whom this section is made applicable by RCW 10.79.120 may be strip searched without a warrant unless:

     (a) There is a reasonable suspicion to believe that a strip search is necessary to discover weapons, criminal evidence, contraband, or other thing concealed on the body of the person to be searched, that constitutes a threat to the security of a holding, detention, or local correctional facility;

     (b) There is probable cause to believe that a strip search is necessary to discover other criminal evidence concealed on the body of the person to be searched, but not constituting a threat to facility security; or

     (c) There is a reasonable suspicion to believe that a strip search is necessary to discover a health condition requiring immediate medical attention.

     (2) For the purposes of subsection (1) of this section, a reasonable suspicion is deemed to be present when the person to be searched has been arrested for:

     (a) A violent offense as defined in RCW 9.94A.030 or any successor statute;

     (b) An offense involving escape, burglary, or the use of a deadly weapon; or

     (c) An offense involving possession of a drug or controlled substance under chapter 69.41, 69.50, or 69.52 RCW or any successor statute.

[1986 c 88 § 2.]