Effective - 28 Aug 1980
544.193. Strip searches prohibited, when — how executed if authorized. — 1. As used in sections 544.193 to 544.197:
(1) "Body cavity search" means the inspection of a person's anus or genitalia, 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 of the clothing of a person so as to permit an inspection of the genitals, buttocks, anus, breasts or undergarments of such person, including but not limited to inspections conducted visually, manually or by means of any physical instrument.
2. No person arrested or detained for a traffic offense or an offense which does not constitute a felony may be subject to a strip search or a body cavity search by any law enforcement officer or employee unless there is probable cause to believe that such person is concealing a weapon, evidence of the commission of a crime or contraband.
3. All strip searches and body cavity searches conducted by law enforcement officers or employees in this state shall be performed by persons of the same sex as the person being searched, and shall be conducted on premises where the search cannot be observed by any person other than the persons physically conducting the search, except that nothing herein shall be interpreted to prohibit a readily available person from being present at the request and consent of the person being searched.
4. A body cavity search of any person detained or arrested for a traffic offense or an offense which does not constitute a felony may only be conducted pursuant to a duly executed search warrant, under sanitary conditions and by a physician, registered nurse or practical nurse, licensed to practice in this state.
5. Every law enforcement officer or employee conducting a strip search or body cavity search shall:
(1) Obtain the written permission of the person in command of the law enforcement agency in which the strip search or body cavity search is to be conducted 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)
Structure Missouri Revised Statutes
Title XXXVII - Criminal Procedure
Chapter 544 - Arrest, Examination, Commitment and Bail
Section 544.010 - Magistrate defined.
Section 544.020 - Issuance of warrant upon complaint.
Section 544.030 - Issuance of warrants by associate circuit judge.
Section 544.040 - Bail, associate circuit judge may grant, when.
Section 544.046 - Compact — entered into.
Section 544.050 - Recognizances.
Section 544.060 - Issuance of warrants by clerk upon indictments.
Section 544.070 - Issuance of process.
Section 544.080 - Issuance of warrant to sheriff — execution.
Section 544.090 - Warrants, where executed.
Section 544.100 - Arrest in another county — procedure.
Section 544.110 - Escape to another county when guilty of felony.
Section 544.120 - Attempted escape of felon, officers to pursue — arrest.
Section 544.130 - Attempted escape, proceeding after arrest.
Section 544.145 - Governor may offer reward for escaped felon — payment.
Section 544.150 - Reward by county commission.
Section 544.155 - Uniform fresh pursuit law.
Section 544.160 - Escaped prisoner may be retaken after term expires.
Section 544.190 - Rights of officer in making arrests.
Section 544.193 - Strip searches prohibited, when — how executed if authorized.
Section 544.195 - Rights and remedies of person wronged.
Section 544.197 - Sections 544.193 to 544.197 not applicable, when.
Section 544.200 - Officer may break open doors.
Section 544.210 - Arrests, when.
Section 544.218 - Arrest without warrant, lawful, when.
Section 544.220 - Conveyance of prisoner through another county.
Section 544.230 - Officer not subject to arrest — posse.
Section 544.240 - Duty of jailer.
Section 544.250 - Preliminary hearing, when required — release, when, what conditions.
Section 544.260 - Arrest of person, where tried.
Section 544.270 - Procedure before associate circuit judge.
Section 544.280 - Trial, how conducted.
Section 544.290 - Disqualification of associate circuit judge.
Section 544.300 - Proceedings in case of disqualification.
Section 544.310 - Associate circuit judge may call associate.
Section 544.330 - Failure to appear under recognizance.
Section 544.340 - Commitment of party, when.
Section 544.350 - Complaint to be read, time given for advice.
Section 544.360 - Exclusion of witnesses from examination.
Section 544.370 - Homicide, written evidence.
Section 544.380 - Examination of prisoner and his witnesses.
Section 544.390 - Examination and recognizance, certified, when.
Section 544.400 - Failure of associate circuit judge to discharge duty.
Section 544.410 - Discharge, when ordered.
Section 544.420 - Recognizance, when required.
Section 544.430 - Who may be bound by recognizance.
Section 544.440 - Commitment of witnesses.
Section 544.455 - Release of person charged, when — conditions which may be imposed.
Section 544.470 - Commitment of individual, when — presumption for aliens unlawfully present.
Section 544.472 - Persons confined to jail, verification of lawful immigration status required.
Section 544.490 - What courts may accept recognizance.
Section 544.500 - Recognizance, disposition of.
Section 544.510 - Bail, when taken other than by court.
Section 544.520 - Name of prosecutor returned with bail bond.
Section 544.530 - Bond or recognizance, by whom taken.
Section 544.540 - Court to fix conditions for release, when.
Section 544.550 - Recognizances, how taken.
Section 544.560 - Sheriff may set conditions for release, when.
Section 544.570 - Recognizances returned to clerk.
Section 544.575 - No proceeding upon a recognizance defeated for defects.
Section 544.580 - Qualification of sureties.
Section 544.590 - When security deemed sufficient.
Section 544.600 - Surrender of principal, how made.
Section 544.610 - Discharge of bailor's liability, how.
Section 544.620 - What deemed a surrender.
Section 544.640 - Recognizance forfeited, when.
Section 544.650 - Writ of scire facias, how served.
Section 544.660 - Writs of scire facias, service construed.
Section 544.665 - Failure to appear, penalty.
Section 544.671 - Certain defendants not entitled to bail for certain offenses.