b) Visual Examination of the Body

1. 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. 2) Involuntary

   1. 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:

      1. 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;
      2. ii) Section 400.650(a)(8) if reasonably necessary to maintain the security of the jail or similar facility or its personnel;
      3. iii) Section 400.650(a)(7) and (9) and Section 400.650(b).
   2. 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 (b) is permissible. Nonconsensual intrusions into other body cavities may be made:

1. 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. 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.