Section 400.640 Body Views and Intrusions

Section 400.640  Body Views and Intrusions

a)         General.

Evidence obtained from body views and intrusions conducted in accordance with

this Section is admissible at trial when relevant and not otherwise

inadmissible under this Section.

b)         Visual

Examination of the Body

1)         Consensual.

Visual examination of the unclothed body may be made with the consent of the

individual subject to the inspection in accordance with Section 400.650(a)(5).

2)         Involuntary

A)        An

involuntary display of the unclothed body, including a visual examination of

body cavities, may be required only if conducted in reasonable fashion and

authorized under one or more of:

i)          Section

400.645, Section 400.650(a)(2) and (3) if there is a reasonable suspicion that

weapons, contraband or evidence of crime is concealed on the body of the person

to be searched;

ii)         Section

400.650(a)(8) if reasonably necessary to maintain the security of the jail or

similar facility or its personnel;

iii)        Section

400.650(a)(7) and (9) and Section 400.650(b).

B)        An

examination of the unclothed body under this subsection (b) should be conducted

whenever practicable by a person of the same sex as that of the person being

examined; provided, however, that failure to comply with this requirement does

not make an examination an unlawful search within the meaning of Section

400.635.

c)         Intrusion

Into Body Cavities.  A reasonable nonconsensual physical intrusion into the

mouth, nose and ears may be made when a visual examination of the body under subsection

rson of the same sex as that of the person being

examined; provided, however, that failure to comply with this requirement does

not make an examination an unlawful search within the meaning of Section

400.635.

c)         Intrusion

Into Body Cavities.  A reasonable nonconsensual physical intrusion into the

mouth, nose and ears may be made when a visual examination of the body under subsection

(b) is permissible.  Nonconsensual intrusions into other body cavities may be

made:

1)         For Purposes

of Seizure.  When there is a clear indication that weapons, contraband or other

evidence of crime is present, to remove weapons, contraband or evidence of

crime discovered under subsection (b) and (c)(2) or under Section

400.655(d)(4)(C) if the intrusion is made in a reasonable fashion by a person

with appropriate medical qualifications; or

2)         For Purposes

of Search.  To search for weapons, contraband or evidence of crime if

authorized by a search warrant or search authorization under Section 400.650(b)

and conducted by a person with appropriate medical qualifications.  Notwithstanding

this subsection (c)(2), a search under Section 400.650(a)(8) may be made

without a search warrant or authorization if such search is based on a

reasonable suspicion that the individual is concealing weapons, contraband or

evidence of crime.

d)         Extraction

of Body Fluids.  Nonconsensual extraction of body fluids, including blood and

urine, may be made from the body of an individual pursuant to a search warrant

or a search authorization under Section 400.650(b) and conducted by a person

with appropriate medical qualifications.  Nonconsensual extraction of body

fluids may be made without a warrant or authorization, notwithstanding Section

400.650(b)(7) only when there is clear indication that evidence of crime will

be found and that there is reason to believe that the delay that would result

if a warrant or authorization were sought could result in the destruction of

the evidence

appropriate medical qualifications.  Nonconsensual extraction of body

fluids may be made without a warrant or authorization, notwithstanding Section

400.650(b)(7) only when there is clear indication that evidence of crime will

be found and that there is reason to believe that the delay that would result

if a warrant or authorization were sought could result in the destruction of

the evidence.  Involuntary extraction of body fluids under this subsection (d)

must be done in a reasonable fashion by a person with appropriate medical

qualifications.

e)         Other

Intrusive Searches.  Nonconsensual intrusive searches of the body made to locate

or obtain weapons, contraband or evidence of crime and not within the scope of

subsection (b) or (c) may be made only with a warrant or search authorization

under Section 400.650(b) and only if the search is conducted in a reasonable

fashion by a person with appropriate medical qualifications and does not

endanger the health of the person to be searched.  Compelling a person to

ingest substances for the purposes of locating the weapon, contraband or

evidence or to compel the bodily elimination of that property is a search

within the meaning of this subsection (e).  However, a person who is neither a

suspect nor an accused may not be compelled to submit to an intrusive search of

the body for the sole purpose of obtaining evidence of crime.

f)         Intrusions

for Valid Medical Purposes.  Nothing in this Section shall be deemed to

interfere with the lawful authority of the SMF to take whatever action may be

necessary to preserve the health of an SMF member.  Evidence or contraband

obtained from an examination or intrusion conducted for a valid medical purpose

may be seized and is not evidence obtained from an unlawful search or seizure

within the meaning of Section 400.650(a).

g)         Medical

Qualifications.  The Adjutant General may prescribe appropriate medical

qualifications for persons who conduct searches and seizures under this Section

Evidence or contraband

obtained from an examination or intrusion conducted for a valid medical purpose

may be seized and is not evidence obtained from an unlawful search or seizure

within the meaning of Section 400.650(a).

g)         Medical

Qualifications.  The Adjutant General may prescribe appropriate medical

qualifications for persons who conduct searches and seizures under this Section.

(Il. Mil. R. Evid. 312)