26- 239 C.M.R. ch. 1, § I - Definitions
1.
Arrestee : a person who has
been placed under custodial arrest by a law enforcement officer . Once remanded
by a court to a facility , the person is no longer considered an
arrestee .
2.
Body cavity
search : an inspection of an arrestee 's anal or vaginal cavity by
insertion of fingers or instruments.
3.
Facility : any state
correctional or detention facility , county institution or facility , or local
lockup.
4.
Law enforcement
officer : For purposes of these rules, "law enforcement officer " means a
"law enforcement officer " as defined in
17-A M.R.S.A.
§2(17), a "law
enforcement officer " as defined in
25 M.R.S.A.
§2801-A(5), a
"transport officer" as defined in
25 M.R.S.A.
§2801-A(8), a
"corrections officer" as defined in
17-A M.R.S.A.
§2(5-A) and 25 M.R.S.A.
§25M .R.S.A. §
2801-A(2)
, a "corrections supervisor" as defined in
17-A M.R.S.A.
§2(5-B), or a jailer,
jailer's assistant, or employee as provided for in
30-A M.R.S.A.
§1501.
5.
Manual mouth search : a search
of an arrestee 's mouth, including any dentures located in the mouth, with the
use of fingers or instruments.
6.
Medically trained personnel : "Medically trained personnel " means a
licensed physician, physician's assistant, nurse practitioner, or registered
nurse.
7.
Strip search :
a search during which any private part of an arrestee 's body, including an
arrestee 's anal or genital area or buttocks or a female arrestee 's breasts, is
visually inspected. There may not be any manual search of the arrestee during a
strip search except for a manual mouth search unless the rules governing body
cavity searches are complied with.
Notes
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No prior version found.