§ 54-33b — Search of person.

Connecticut § 54-33b

• Jurisdiction: Connecticut
• Title 54: Criminal Procedure
• Ch. 959: Court Jurisdiction and Power

Text

(a) A law enforcement official may ask a person if he or she may conduct a search of their person, provided such law enforcement official has reasonable and articulable suspicion that weapons, contraband or other evidence of a crime is contained upon the person, or that the search is reasonably necessary to further an ongoing law enforcement investigation. A law enforcement official who solicits consent to search a person shall, whether or not the consent is granted, complete a police report documenting the reasonable and articulable suspicion for the solicitation of consent, or the facts and circumstances that support the search being reasonably necessary to further an ongoing law enforcement investigation. (b) A law enforcement official serving a search warrant may, if such official has reason to believe that any of the property described in the warrant is concealed in the garments of any person in or upon the place or thing to be searched, search the person for the purpose of seizing the same. When the person to be searched is a woman, the search shall be made by a female law enforcement official or other woman assisting in the service of the warrant, or by a woman designated by the judge or judge trial referee issuing the warrant.

Legislative History

(1963, P.A. 652, S. 2; P.A. 80-313, S. 9; P.A. 01-72, S. 4; July Sp. Sess. P.A. 20-1, S. 22; P.A. 21-33, S. 6.) History: P.A. 80-313 rephrased provisions but made no substantive changes; P.A. 01-72 made a technical change for purposes of gender neutrality and added reference to judge trial referee; July Sp. Sess. P.A. 20-1 added Subsec. (a) re consent of a person, designated existing language as Subsec. (b) and made technical changes; P.A. 21-33 amended Subsec. (a) by replacing provision re person's consent to search of person not to constitute justification absent probable cause with provisions re law enforcement official permitted to ask to conduct search provided certain conditions exist and requirement to complete police report documenting suspicion for solicitation of consent or facts and circumstances supporting necessity of search. Origin of former statute re search of person. 126 C. 433. Cited. 28 CS 23. Cited. 5 Conn. Cir. Ct. 44, 46. Search of person on premises of store searched under warrant was constitutional as statute provides for reasonable searches and seizes, not unreasonable ones. Id., 637.