22-2522. Body cavity searches; warrant; limitations. (a) A body cavity search shall be conducted only under the authority of a search warrant specifically authorizing a body cavity search.
(b) Every body cavity search shall be conducted by a licensed physician or registered nurse. No person authorized by this subsection to conduct a body cavity search or any person assisting in the performance of such search shall be liable in any civil or criminal action when such search is performed in a reasonable manner according to generally accepted medical practices in the community where performed.
(c) Law enforcement officers may be present during the search, but only those of the same sex as the person on whom a body cavity search is being conducted.
History: L. 1981, ch. 149, ยง 3; July 1.
Law Review and Bar Journal References:
"Constitutional Law: compelled Surgical Intrusions Restricted by the Fourth amendment [Winston v. Lee, 105 S.Ct. 1611 (1985)]," Christina L. Medeiros Morris, 25 W.L.J. 123, 130 (1985).
Attorney General's Opinions:
Blanket policies for strip searches of prisoners held on traffic regulatory or nonviolent misdemeanor offenses unconstitutional. 2007-8.
CASE ANNOTATIONS
1. Violations of K.S.A. 22-2521 and 22-2522 subject to three-year statute of limitations of K.S.A. 60-512. McCormick v. City of Lawrence, 278 Kan. 797, 104 P.3d 991 (2005).
2. Mentioned in automobile stop case, detention of passenger exceeded scope of stop; evidence suppressed. State v. Gross, 39 Kan. App. 2d 788, 809, 184 P.3d 978 (2008).
3. Arrestee's allegations of police misconduct not based on requirements for strip searches or body cavity searches. Cook v. Olathe Medical Center, Inc., 773 F. Supp. 2d 990 (D. Kan. 2011).
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