(a) No person arrested for a motor vehicle violation or a misdemeanor shall be strip searched unless there is reasonable belief that the individual is concealing a weapon, a controlled substance or contraband.
(b) No search of any body cavity other than the mouth shall be conducted without a search warrant. Any warrant authorizing a body cavity search shall specify that the search is required to be performed under sanitary conditions and conducted either by or under the supervision of a person licensed to practice medicine in accordance with chapter 370.
(c) All strip searches shall be performed by a person of the same sex as the arrested person and on premises where the search cannot be observed by persons not physically conducting the search or not absolutely necessary to conduct the search.
(d) Any peace officer or employee of a police department conducting a strip search shall (1) obtain the written permission of the police chief or an agent thereof designated for the purposes of authorizing a strip search in accordance with this section and section 54-33k and (2) prepare a report of the strip search. The report shall include the written authorization required by subdivision (1) of this subsection, the name of the person subjected to the search, the name of any person conducting the search and the time, date and place of the search. A copy of the report shall be provided to the person subjected to the search.
(e) Nothing in this section shall preclude prosecution of a peace officer or employee under any other provision of the general statutes.
(f) Nothing in this section shall be construed as limiting any statutory or common law rights of any person for purposes of any civil action or injunctive relief.
(g) The provisions of this section and section 54-33k shall not apply when the person is remanded to a correctional institution pursuant to a court order.
(P.A. 80-93, S. 2; P.A. 81-234, S. 2.)
History: P.A. 81-234 amended Subsec. (a) to clarify the exception to the prohibition on strip searches and to provide that a person may be strip searched if there is reasonable belief he is concealing contraband, amended Subsec. (b) by replacing “licensed practitioner, as defined in section 20-184a” with “person licensed to practice medicine in accordance with chapter 370”, and amended Subsec. (c) by providing that a strip search shall be performed where it cannot be observed by persons not absolutely necessary to conduct it.
Section does not address those strip searches that are conducted incident to lawful arrest on a felony charge. 82 CA 111. Language of section suggests that a strip search and a body cavity search are two discrete searches and, therefore, when a search constitutes a strip search, it does not necessarily amount to a body cavity search under statute; although the two types of searches appear within same statutory provision, the two terms are used independently of each other. 105 CA 179.
Structure Connecticut General Statutes
Chapter 959 - Court Jurisdiction and Power
Section 54-1 and 54-1a. - Criminal jurisdiction of trial justices; of Court of Common Pleas.
Section 54-1b. - Arraignment of prisoner. Advice as to rights.
Section 54-1c. - Admissibility of confession.
Section 54-1f. (Formerly Sec. 6-49). - Arrest without warrant. Pursuit outside precincts.
Section 54-1l. - Short title: Alvin W. Penn Racial Profiling Prohibition Act.
Section 54-1n. - Complaint by victim of identity theft. Law enforcement agency's responsibilities.
Section 54-1o. - Electronic recording of custodial interrogations.
Section 54-1p. - Eyewitness identification procedures.
Section 54-1s. - Racial Profiling Prohibition Project Advisory Board. Membership. Duties.
Section 54-2. - Conviction and binding over by trial justice.
Section 54-2c. - Traffic violator need not appear in court, when. Schedule of fines established.
Section 54-2e. - Issuance of rearrest warrant or capias for failure to appear.
Section 54-25 and 54-26. - Release on recognizance. Witnesses in courts of other states.
Section 54-33. - Search warrants for gambling and lottery implements.
Section 54-33b. - Search of person.
Section 54-33c. - Warrant application, affidavits, execution and return. Copies. Orders.
Section 54-33d. - Interference with search.
Section 54-33e. - Destruction of property.
Section 54-33f. - Motion for return of unlawfully seized property and suppression as evidence.
Section 54-33i. - “Journalist”, “news organization” and “news” defined.
Section 54-33j. - Issuance of search warrant for property of journalist or news organization.
Section 54-33k. - “Strip search” defined.
Section 54-33l. - Strip searches. Procedure.
Section 54-33m. - Failure to wear seat belt not probable cause for vehicle search.
Section 54-33n. - Search of school lockers and property.
Section 54-33o. - Search of vehicle stopped solely for a motor vehicle violation.
Section 54-33p. - Restrictions on cannabis-related stop or search of a person or motor vehicle.
Section 54-34 and 54-35. - Search of person. Condemnation of gambling implements, notice.
Section 54-36. - Disposition of property held as evidence.
Section 54-36b. - Examiner of seized property, appointment, duties.
Section 54-36c. - Disposition of seized property on order of the examiner of seized property.
Section 54-36e. - Firearms and ammunition to be turned over to state police. Sale at public auction.
Section 54-36f. - Receipt for seized property to be given by law enforcement officials.
Section 54-36i. - Drug assets forfeiture revolving account. Allocation of moneys.
Section 54-36n. - Identification and tracing of seized and recovered firearms and ammunition.