Ohio § 2933.32

§ 2933.32.

(A) As used in this section: (1) “ Body cavity search ” means an inspection of the anal or vaginal cavity of a person that is conducted

visually, manually, by means of any instrument, apparatus, or object, or in any other

manner. (2) “Medical practitioner” has the same meaning as in section 4743.10 of the Revised Code . (3) “ Strip search ” means an inspection of the genitalia, buttocks, breasts, or undergarments of a person

that is preceded by the removal or rearrangement of some or all of the person's clothing

that directly covers the person's genitalia, buttocks, breasts, or undergarments and

that is conducted visually, manually, by means of any instrument, apparatus, or object,

or in any other manner while the person is detained or arrested for the alleged commission

of a misdemeanor or traffic offense.  “ Strip search ” does not mean the visual observation of a person who was afforded a reasonable opportunity

to secure release on bail or recognizance, who fails to secure such release, and who

is to be integrated with the general population of any detention facility, while the

person is changing into clothing that is required to be worn by inmates in the facility. (B)(1) Except as authorized by this division, no law enforcement officer, other employee

of a law enforcement agency, physician, or registered nurse or licensed practical

nurse shall conduct or cause to be conducted a body cavity search or a strip search. (2) A body cavity search or strip search may be conducted if a law enforcement officer

or employee of a law enforcement agency has probable cause to believe that the person

is concealing evidence of the commission of a criminal offense, including fruits or

tools of a crime, contraband, or a deadly weapon, as defined in section 2923.11 of the Revised Code , that could not otherwise be discovered.  In determining probable cause for purposes of this section, a law enforcement officer

or employee of a law enforcement agency shall consider the nature of the offense with

which the person to be searched is charged and the circumstances of the person's arrest. (3) A body cavity search or strip search may be conducted for any legitimate medical

or hygienic reason. (4) Unless there is a legitimate medical reason or medical emergency justifying a warrantless

search, a body cavity search shall be conducted only after a search warrant is issued

that authorizes the search.  In any case, a body cavity search shall be conducted under sanitary conditions and

only by a physician, or a registered nurse or licensed practical nurse, who is registered

or licensed to practice in this state. (5) Unless there is a legitimate medical reason or medical emergency that makes obtaining

written authorization impracticable, a body cavity search or strip search shall be

conducted only after a law enforcement officer or employee of a law enforcement agency

obtains a written authorization for the search from the person in command of the law

enforcement agency, or from a person specifically designated by the person in command

to give a written authorization for either type of search. (6) A body cavity search or strip search shall be conducted by a person or persons who

are of the same sex as the person who is being searched and the search shall be conducted

in a manner and in a location that permits only the person or persons who are physically

conducting the search and the person who is being searched to observe the search. (C)(1) Upon completion of a body cavity search or strip search pursuant to this section,

the person or persons who conducted the search shall prepare a written report concerning

the search that shall include all of the following: (a) The written authorization for the search obtained from the person in command of the

law enforcement agency or that person's designee, if required by division (B)(5) of

this section; (b) The name of the person who was searched; (c) The name of the person or persons who conducted the search, the time and date of

the search, and the place at which the search was conducted; (d) A list of the items, if any, recovered during the search; (e) The facts upon which the law enforcement officer or employee of the law enforcement

agency based the officer's or employee's probable cause for the search, including,

but not limited to, the officer or employee's review of the nature of the offense

with which the searched person is charged and the circumstances of the person's arrest; (f) If the body cavity search was conducted before or without the issuance of a search

warrant pursuant to division (B)(4) of this section, or if the body cavity or strip

search was conducted before or without the granting of written authorization pursuant

to division (B)(5) of this section, the legitimate medical reason or medical emergency

that justified the warrantless search or made obtaining written authorization impracticable. (2) A copy of the written report required by division (C)(1) of this section shall be

kept on file in the law enforcement agency, and another copy of it shall be given

to the person who was searched. (D)(1) This section does not preclude the prosecution of a law enforcement officer or employee

of a law enforcement agency for the violation of any other section of the Revised

Code. (2) This section does not limit, and shall not be construed to limit, any statutory or

common law rights of a person to obtain injunctive relief or to recover damages in

a civil action. (3) If a person is subjected to a body cavity search or strip search in violation of

this section, any person may commence a civil action to recover compensatory damages

for any injury, death, or loss to person or property or any indignity arising from

the violation.  In the civil action, the court may award punitive damages to the plaintiffs if they

prevail in the action, and it may award reasonable attorney's fees to the parties

who prevail in the action. (4) This section does not apply to body cavity searches or strip searches of persons

who have been sentenced to serve a term of imprisonment and who are serving that term

in a detention facility, as defined in section 2921.01 of the Revised Code . (E)(1) Whoever violates division (B) of this section is guilty of conducting an unauthorized

search, a misdemeanor of the first degree. (2) Whoever violates division (C) of this section is guilty of failure to prepare a proper

search report, a misdemeanor of the fourth degree. (F) A medical practitioner is not required, and a court or other person shall not order

a medical practitioner, to perform any medical procedure that is inconsistent with

the medical practitioner's expert medical opinion.