§ 804.30

804.30 Strip searches and visual strip searches of persons arrested for scheduled violations or simple misdemeanors. 1. a. A person arrested for a simple misdemeanor who is housed in the general population of a county jail or municipal holding facility may be subject to a visual strip search. Such aperson may be subject to a strip search if there is probable cause to believe that the personis concealing a weapon or contraband and written authorization of the supervisor on duty isobtained. b. (1) A person arrested for a simple misdemeanor who is not housed in the general population of a county jail or municipal holding facility shall not be subjected to either astrip search or a visual strip search unless there is probable cause to believe that the personis concealing a weapon or contraband, and written authorization of the supervisor on dutyis obtained. (2) A person arrested for a scheduled violation who is not housed in the general population of a county jail or municipal holding facility shall not be subject to either a strip search or avisual strip search unless there is probable cause to believe that the person is concealing aweapon or contraband, and a search warrant is

g facility shall not be subject to either a strip search or avisual strip search unless there is probable cause to believe that the person is concealing aweapon or contraband, and a search warrant is obtained. c. A strip search conducted pursuant to this section that involves the physical probing of a body cavity, other than the mouth, ears, or nose, shall require a search warrant and shallonly be performed by a licensed physician unless voluntarily waived in writing by the arrestedperson. 2. Any person arrested for a scheduled violation or a simple misdemeanor may be subjected to a search probing the mouth, ears, or nose. 3. All searches conducted pursuant to this section shall be performed under sanitary conditions. 4. All searches conducted pursuant to this section, except for the probing of the mouth, ears, or nose, shall be conducted in a place where the search cannot be observed by personsnot conducting the search. 5. All searches conducted pursuant to this section shall be conducted by a person of the same sex as the arrested person, except for the probing of the mouth, ears, or nose, unlessthe search is conducted by a physician. 6.

ed pursuant to this section shall be conducted by a person of the same sex as the arrested person, except for the probing of the mouth, ears, or nose, unlessthe search is conducted by a physician. 6. Subsequent to a strip search pursuant to this section, a written report shall be prepared which includes the written authorization required by this section, the name of the personsubjected to the search, the names of the persons conducting the search, the time, date, andplace of the search, and a copy of the search warrant, if applicable authorizing the search. Acopy of the report shall be provided to the person searched. [C81, §804.30]2013 Acts, ch 30, §219; 2015 Acts, ch 71, §2 Sat Dec 23 12:33:37 2023 Iowa Code 2024, Section 804.30 (19, 0)