N.J. Admin. Code § 10A:34-3.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10A:34-3.4 - Strip search of a person(s) who has been detained or arrested for commission of an offense other than a crime

(a) A person who has been detained or arrested for commission of an offense other than a crime and who is confined in a municipal detention facility shall not be subject to a strip search unless:

1. The search is authorized by a warrant or valid documented consent;

2. A recognized exception to the warrant requirement exists and the search is based on probable cause that a weapon, controlled dangerous substance, contraband or evidence of a crime will be found and the custody staff member authorized to conduct the strip search has obtained the authorization of the custody staff supervisor in charge;

3. The person is lawfully confined and the search is based on a reasonable suspicion that a weapon, controlled dangerous substance, contraband or evidence of a crime will be found, and the custody staff member authorized to conduct the strip search has obtained the authorization of the custody staff supervisor in charge; or

4. Exigent circumstances prevent obtaining a search warrant or authorization of the custody staff supervisor in charge and such exigent circumstances require custody staff to conduct a strip search in order to take immediate action for purposes of preventing bodily harm to the officer, person or others.

(b) As authorized at (a) above, a strip search of a person shall be conducted:

1. At a location where the search cannot be observed by unauthorized persons;

2. By a custody staff member of the same gender, who has been authorized to conduct the search;

3. By the number of custody staff members deemed reasonably necessary to provide security;

4. Under sanitary conditions; and

5. In a professional and dignified manner.

(c) The custody staff member authorized to conduct a strip search shall file a written report to be made a part of the record of the detained or arrested person in accordance with this section. The report shall be reviewed by the supervisor who authorized the search and filed in accordance with internal management procedures. The report shall include, but not be limited to, the following information:

1. A statement of facts indicating any reasonable suspicion or probable cause for the search;

2. A statement of the exigent circumstances requiring immediate action to prevent bodily harm to the custody staff member(s), person or others when such conditions existed;

3. The name of the custody staff supervisor in charge who authorized the search;

4. The name(s) of the custody staff member(s) conducting the search;

5. The name(s) of the custody staff member(s) present during the search and the reason for custody staff presence;

6. An inventory of any item(s) found during the search; and

7. Any supporting documentation consisting of the warrant or consent when such documentation is the basis for the search.

(d) Reports required pursuant to this section shall not be deemed public records; however, upon request, such reports shall be made available to:

1. The New Jersey Department of Corrections Commissioner, or designee;

2. The municipal detention facility custody staff supervisor in charge;

3. The Attorney General;

4. The county prosecutor; and/or

5. The person searched.

N.J. Admin. Code § 10A:34-3.4

New Rule, R.1996 d.405, effective 8/19/1996.
See: 28 N.J.R. 3050(a), 28 N.J.R. 3960(a).
Former N.J.A.C. 10A:34-2.17, "Search of detainees", recodified to 10A:34-2.16.
Recodified from 10A:34-2.17 by R.1997 d.129, effective 3/17/1997 (operative April 6, 1997).
See: 29 N.J.R. 298(a), 29 N.J.R. 886(a).
Former section recodified to N.J.A.C. 10A:34-2.15.
Amended by R.1998 d.263, effective 5/18/1998.
See: 30 N.J.R. 966(a), 30 N.J.R. 1811(a).
Rewrote (b).
Amended by R.2002 d.206, effective 7/1/2002.
See: 34 N.J.R. 1307(a), 34 N.J.R. 2312(b).
Substituted "custody staff member" for "officer" throughout; in (b), substituted "gender" for "sex" following "same" in 2 and substituted "custody staff" for "law enforcement officers" preceding "deemed" in 3.
Recodified from N.J.A.C. 10A:34-2.16 by R.2007 d.225, effective 8/6/2007.
See: 39 N.J.R. 1394(a), 39 N.J.R. 3384(a).
Amended by R.2010 d.134, effective 7/6/2010.
See: 42 N.J.R. 34(a), 42 N.J.R. 1379(a).
Rewrote (a) and (b); and added (c) and (d).

Amended by 54 N.J.R. 626(a), effective 4/4/2022