22-2521. Limitations on strip searches; probable cause requirement; report. (a) No person detained or arrested solely for the violation of a statute, resolution or ordinance involving a traffic, regulatory or nonviolent misdemeanor offense shall be strip searched unless there is probable cause to believe that the individual is concealing a weapon or controlled substance.
(b) Every strip search conducted by law enforcement officers or employees of a law enforcement agency or department shall be conducted by persons of the same sex as the person being searched and shall be conducted so that the search cannot be observed by any person other than the persons conducting the search, unless the right to privacy is waived by the person being searched.
(c) Every law enforcement officer or employee of a law enforcement agency or department conducting a strip search shall prepare a report of the strip search. The report shall include:
(1) The name and sex of the person searched;
(2) the name and sex of the persons conducting the search;
(3) the time, date and place of the search; and
(4) a statement of the results of the search.
History: L. 1981, ch. 149, ยง 2; July 1.
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. Detention of arrestee charged with traffic offense not unreasonable under 4 th Amendment. Allen v. Board of Comm'rs of County of Wyandotte, 773 F. Supp. 1442 (1991).
2. Odor of marijuana on person in custody is sufficient to establish probable cause to conduct strip search. State v. Thomas, 28 Kan. App. 2d 70, 12 P.3d 420 (2000).
3. 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).
4. 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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