STRIP SEARCH - New Jersey

1 (7/95) STRIP SEARCHA ttorney General's STRIP SEARCH and Body Cavity SEARCH Requirements and Proceduresfor Police OfficersIssued February 1993 Revised June 1995TO:ALL COUNTY PROSECUTORSDATE:February 3, 1993 Enclosed for dissemination to all county and local law enforcement agencieswithin your jurisdiction are the Attorney General's STRIP SEARCH and Body Cavity SearchRequirements and Procedures for Police Officers. These guidelines are beingpromulgated pursuant to 2A:161A-8b, which authorizes the Attorney Generalto issue guidelines governing the performance of STRIP and body cavity searches, aswell as guidelines for the release and confinement of persons arrested for offensesother than crimes.

2 While the statute addresses non-indictable offenses, the AttorneyGeneral's guidelines cover STRIP SEARCH and body cavity SEARCH procedures for crimesas enclosed guidelines are effective T. WinterDirectorDivision of Criminal JusticeStrip SEARCH and Body Cavity SEARCH Requirements and Procedures(7/95)Attorney General'sStrip SEARCH and Body Cavity SearchRequirements and Procedures for Police 2A:161A-1 et or rearrangement of clothing to permit visual inspection ofa person' following does not constitute a STRIP or rearranging of clothing reasonably required torender medical treatment or assistance, of articles of outer clothing, such as coats, ties,belts or Cavity inspection or manual SEARCH of a person' or arrest without custodial exigent circumstances:(1) SEARCH warrant or consent, and(2)Authorized by officer in charge of the station circumstances.

3 STRIP SEARCH and Body Cavity SEARCH Requirements and Procedures(7/95)(1)Probable cause to believe that the person isconcealing a weapon, contraband or evidence ofcrime, and(2)Exigent circumstances prevent obtaining a searchwarrant or approval of officer in cavity SEARCH is not appropriate without in charge authorizes confinement in municipaldetention facility or transfer to adult correctional facility, in charge authorizes SEARCH , of the following:(1) SEARCH warrant, or(2)Consent, or(3)Reasonable suspicion to believe that the person isconcealing a weapon, contraband or ControlledDangerous Cavity in charge authorizes confinement in municipaldetention facility or transfer to adult correctional facility, in charge authorizes SEARCH , of the following.

4 (1) SEARCH warrant, or(2) by person of same sex, in private, under sanitary conditions, andStrip SEARCH and Body Cavity SEARCH Requirements and Procedures(7/95) in a professional and dignified manner, custodial confinement, conducted in accordance withDepartment of Corrections Cavity by licensed physician or registered nurse of same sex, in private, in a medically acceptable manner and environment, under sanitary conditions, in accordance with Department of who performs STRIP SEARCH or has body cavity SEARCH conductedmust report the reason for this SEARCH on the record of arrest.

5 The reportmust statement of facts indicating the reasonable suspicion orprobable cause for the copy of the SEARCH warrant, if copy of the consent form, if name of the officer in charge who authorized the names of the persons conducting the inventory of any items found during the exigent circumstances were the basis for the SEARCH , the officer whoconducted the STRIP SEARCH must file a separate written report stating thereasons for the immediate and Procedures for Officer in Charge of Station arrested person should be processed in accordance with R. 3:4-1, asummary of this court rule is attached, and, if applicable, with standardoperating procedure adopted by the county prosecutor.

6 STRIP SEARCH and Body Cavity SEARCH Requirements and Procedures(7/95) appropriate, a person arrested in accordance with R. 3:4-1 shall bereleased or have bail set without unnecessary delay but in no event laterthan 12 hours after authorized by SEARCH warrant or consent, a STRIP SEARCH should notbe conducted if the arrested person will be released without custodialconfinement or will soon be released on bail or own officer in charge shall assure that a consent to a STRIP SEARCH or bodycavity SEARCH is in writing whenever officer in charge shall assure that all STRIP searches and body cavitysearches are conducted in private and that these searches cannot beobserved by persons not physically conducting the a body cavity SEARCH is conducted.

7 The officer in charge shallrequest a sworn statement from the licensed physician or registered nursewho conducted the SEARCH stating that the body cavity SEARCH wasconducted pursuant to statutory and medical reports pertaining to STRIP searches or body cavity searches are notpublic records. These reports shall be made available, upon request, onlyto the person searched, the county prosecutor, the Attorney General orthe Commissioner of the Department of For The Processing of Suspects Arrested Without a consult with county prosecutor for local Summary of New Jersey Court Rule 3 person arrested without a warrant for any offense shall be takento the police station where a complaint shall be prepared person arrested without a warrant for one of the followingcriminal offenses.

8 Murder, kidnapping, aggravated manslaughter,manslaughter, robbery, aggravated sexual assault, sexual assault,aggravated criminal sexual contact, criminal sexual contact, seconddegree aggravated assault, aggravated arson, arson, burglary,violations of Chapter 35 of Title 2C that constitute first or seconddegree crimes, any crime involving the possession or use of afirearm, or conspiracies or attempts to commit such crimes, shallbe taken to a police station. The police officer shall comply with thecriteria of Paragraph 5 person arrested without a warrant for an offense not listed inParagraph 2 above, shall be taken to the police station where theStrip SEARCH and Body Cavity SEARCH Requirements and Procedures(7/95)officer in charge all post-arrest identification procedures requiredby law; a complaint-summons (CDR-1).

9 The complaint-summons to the person arrested, the arrested person in lieu of continued officer in charge has discretion not to prepare a complaintsummons if the officer determines that any of the followingconditions person has previously failed to respond to a summons; officer has reason to believe that the person isdangerous to himself, to others or to property; is one or more outstanding arrest warrants for theperson; prosecution of the offense or offenses for which theperson is arrested or the prosecution of any other offense ofoffenses would be jeopardized by the immediate release ofthe person; person cannot be satisfactorily identified; officer has reason to believe the person will not appearin response to a the officer determines that one of the conditions in Paragraph 2or 4 above applies, the officer prepare a complaint-warrant (CDR-2), the person arrested without unnecessary delay beforethe nearest available committing judge to have bail set.

10 Bailshall be set no later than 12 hours after the officer shall present the matter to the appropriatejudicial officer authorized to set bail who shall determinewhether there is probable cause to believe that thedefendant committed the offense.