THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927
764.25a Strip search.
(1) As used in this section, “strip search” means a search which requires a person to remove his or her clothing to expose underclothing, breasts, buttocks, or genitalia.
(2) A person arrested or detained for a misdemeanor offense, or an offense which is punishable only by a civil fine shall not be strip searched unless both of the following occur:
(a) The person arrested is being lodged into a detention facility by order of a court or there is reasonable cause to believe that the person is concealing a weapon, a controlled substance, or evidence of a crime.
(b) The strip search is conducted by a person who has obtained prior written authorization from the chief law enforcement officer of the law enforcement agency conducting the strip search, or from that officer's designee; or if the strip search is conducted upon a minor in a juvenile detention facility which is not operated by a law enforcement agency, the strip search is conducted by a person who has obtained prior written authorization from the chief administrative officer of that facility, or from that officer's designee.
(3) A strip search conducted under this section shall be performed by a person of the same sex as the person being searched and shall be performed in a place that prevents the search from being observed by a person not conducting or necessary to assist with the search. A law enforcement officer who assists in the strip search shall be of the same sex as the person being searched.
(4) If a strip search is conducted under this section, the arresting officer shall prepare a report of the strip search. The report shall include the following information:
(a) The name and sex of the person subjected to the strip search.
(b) The name and sex of the person conducting the strip search.
(c) The name and sex of a person who assists in conducting the strip search.
(d) The time, date, and place of the strip search.
(e) The justification for conducting a strip search.
(f) A list of all items recovered from the person who was strip searched.
(g) A copy of the written authorization required under subsection (2)(b).
(5) A copy of the report required by subsection (4) shall be given without cost to the person who has been searched, subject to deletions permitted by section 13 of the freedom of information act, 1976 PA 442, MCL 15.243.
(6) A law enforcement officer, any employee of the law enforcement agency, or a chief administrative officer or employee of a juvenile detention facility who conducts or authorizes a strip search in violation of this section is guilty of a misdemeanor.
(7) This section shall not apply to the strip search of a person lodged in a detention facility by an order of a court or in a state correctional facility housing prisoners under the jurisdiction of the department of corrections, including a youth correctional facility operated by the department of corrections or a private vendor under section 20g of 1953 PA 232, MCL 791.220g.
History: Add. 1979, Act 185, Eff. Mar. 27, 1980
Am. 1983, Act 92, Eff. Mar. 29, 1984
Am. 1999, Act 65, Imd. Eff. June 24, 1999
© 2009 Legislative Council, State of Michigan