10.79.140 - Strip, body cavity searches -- Uncategorized searches -- Determination of reasonable suspicion, probable cause -- Less-intrusive alternatives.

Strip, body cavity searches — Uncategorized searches — Determination of reasonable suspicion, probable cause — Less-intrusive alternatives.

(1) A person to whom this section is made applicable by RCW 10.79.120 who has not been arrested for an offense within one of the categories specified in RCW 10.79.130(2) may nevertheless be strip searched, but only upon an individualized determination of reasonable suspicion or probable cause as provided in this section.

     (2) With the exception of those situations in which reasonable suspicion is deemed to be present under RCW 10.79.130(2), no strip search may be conducted without the specific prior written approval of the jail unit supervisor on duty. Before any strip search is conducted, reasonable efforts must be made to use other less-intrusive means, such as pat-down, electronic metal detector, or clothing searches, to determine whether a weapon, criminal evidence, contraband, or other thing is concealed on the body, or whether a health condition requiring immediate medical attention is present. The determination of whether reasonable suspicion or probable cause exists to conduct a strip search shall be made only after such less-intrusive means have been used and shall be based on a consideration of all information and circumstances known to the officer authorizing the strip search, including but not limited to the following factors:

     (a) The nature of the offense for which the person to be searched was arrested;

     (b) The prior criminal record of the person to be searched; and

     (c) Physically violent behavior of the person to be searched, during or after the arrest.

[1986 c 88 § 3.]