§ 16-3-405 — Strip searches - when authorized or prohibited

(1) No person
arrested for a traffic or a petty offense shall be strip searched, prior to arraignment,
unless there is reasonable belief that the individual is concealing a weapon or a
controlled substance or that the individual, upon identification, is a parolee or an
offender serving a sentence in any correctional facility in the state or that the
individual is arrested for driving while under the influence of drugs.

(2) As used in this section, strip search means having an arrested person
remove or arrange some or all of his or her clothing so as to permit a visual
inspection of the genitals, buttocks, anus, or female breasts of such person.

(3) Any strip search that is conducted 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.

(4) Every peace officer or employee of a police department or sheriff's
department conducting a strip search shall obtain the written permission of the
police commander or an agent thereof or a sheriff or an agent thereof designated
for the purposes of authorizing a strip search in accordance with this section.

(5) No search of any body cavity other than the mouth shall be conducted
without the written permission of the police commander or an agent thereof or a
sheriff or an agent thereof authorizing a body cavity search. The search must be
performed under sanitary conditions and conducted by a licensed physician or
nurse.

(6) Any peace officer or employee of a police department or a sheriff's
department who knowingly or intentionally fails to comply with any provision of this
section commits second degree official misconduct, as defined in section 18-8-405,
C.R.S. Nothing contained in this section shall preclude prosecution of a peace
officer or employee of a police department or sheriff's department under any other
provision of the law.

(7) Nothing in this section shall be construed as limiting the statutory or
common-law rights of any person for the purposes of any civil action or injunctive
relief.

(8) The provisions of subsections (1) to (6) of this section shall not apply
when, following arraignment and pursuant to a court order, the person is taken into
custody by or remanded to a sheriff or a correctional facility.

Legislative History

Source: L. 82: Entire section added, p. 305, � 1, effective April 5.