Sec. 54-33l. Strip searches. Procedure.
Sec. 54-33l. Strip searches. Procedure. (a) No person arrested for a motor vehicle
violation or a misdemeanor shall be strip searched unless there is reasonable belief that
the individual is concealing a weapon, a controlled substance or contraband.
(b) No search of any body cavity other than the mouth shall be conducted without
a search warrant. Any warrant authorizing a body cavity search shall specify that the
search is required to be performed under sanitary conditions and conducted either by
or under the supervision of a person licensed to practice medicine in accordance with
chapter 370.
(c) All strip searches 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 or not absolutely necessary to conduct the search.
(d) Any peace officer or employee of a police department conducting a strip search
shall (1) obtain the written permission of the police chief or an agent thereof designated
for the purposes of authorizing a strip search in accordance with this section and section
54-33k and (2) prepare a report of the strip search. The report shall include the written
authorization required by subdivision (1) of this subsection, the name of the person
subjected to the search, the name of any person conducting the search and the time, date
and place of the search. A copy of the report shall be provided to the person subjected
to the search.
(e) Nothing in this section shall preclude prosecution of a peace officer or employee
under any other provision of the general statutes.
(f) Nothing in this section shall be construed as limiting any statutory or common
law rights of any person for purposes of any civil action or injunctive relief.
(g) The provisions of this section and section 54-33k shall not apply when the person
is remanded to a correctional institution pursuant to a court order.
(P.A. 80-93, S. 2; P.A. 81-234, S. 2.)
History: P.A. 81-234 amended Subsec. (a) to clarify the exception to the prohibition on strip searches and to provide
that a person may be strip searched if there is reasonable belief he is concealing contraband, amended Subsec. (b) by
replacing "licensed practitioner, as defined in section 20-184a" with "person licensed to practice medicine in accordance
with chapter 370", and amended Subsec. (c) by providing that a strip search shall be performed where it cannot be observed
by persons not absolutely necessary to conduct it.
Section does not address those strip searches that are conducted incident to lawful arrest on a felony charge. 82 CA
111. Language of section suggests that a "strip search" and a "body cavity search" are two discrete searches under the
provisions of the statute and that, therefore, when a search constitutes a "strip search", it does not, pursuant to the statute,
necessarily amount to a "body cavity search". Although the two types of searches appear within same statutory provision,
the two terms are used independently of each other. 105 CA 179.