SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

misdemeanor offenses, and minors detained prior to
a detention hearing for infraction and misdemeanor
violations. They do not apply to prisoners of the
Department of Corrections or the California Youth
Authority, or to post-arraignment inmates in local
custody. (P.C. § 4030(b))
Definitions:
P.C. § 4030(c): “Strip Search” means any
search which requires the officer to remove
or arrange some or all of that person’s
clothing so as to permit a visual inspection
of the underclothing, breasts, buttocks, or
genitalia of the person.
P.C. § 4030(d)(1): “Body Cavity” means
the stomach or rectal cavity of a person, and
vagina of a female person.
P.C. § 4030(d)(2): “Visual Body Cavity
Search” means visual inspection of a body
cavity.
P.C. § 4030(d)(3): “Physical Body Cavity
Search” means physical intrusion into a
body cavity for the purpose of discovering
any object concealed in the body cavity.
(Often referred to as a “manual body cavity
search” in federal cases.)
P.C. § 4030(e): Any person arrested and taken into
custody may be subjected to a patdown search,
metal detector search, and thorough clothing
search, in order to discover and retrieve concealed
weapons and contraband prior to being placed in a
booking cell.
P.C. § 4030(f): Unless, and until, a person (or
minor, prior to a detention hearing), arrested for an
infraction or misdemeanor, is moved into the
general jail population (see subd. (g) for the
prerequisites for moving a person arrested for an
infraction or misdemeanor into the general
population), he or she may not be subjected to a
© 2012 Robert C. Phillips. All rights reserved
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