Search incident to apprehension.
Emergency search (for example, medical purposes).
Authorization to search based upon probable cause.
INTRUSIVE BODY SEARCHES
Occasionally it becomes necessary to intrude into body cavities. This is particularly so when small items such as
drugs are suspected. Intrusive body searches can only be done by qualified medical personnel. Searches
requiring intrusion into the body are lawful only if--
There is clear indication that evidence of a crime will be found.
There is reason to believe that delay will cause destruction of this evidence.
The method of search is reasonable.
The search is incident to a lawful apprehension.
MRE 312 (c) covers basically two categories of intrusive searches. Those categories are--
A reasonable intrusion into the mouth, nose, and ears of a subject.
Intrusion into other body cavities.
Intrusion into the Mouth, Nose, and Ears
This type of intrusive search does not require the permission of the subject being searched. However, the search
must happen incident to one of the situations listed previously. For example, suppose you are supervising an MP
section. SPC Dumkauf is being detained in custody after being apprehended. One of the apprehending MP
suspects that SPC Dumkauf has managed to conceal something in his mouth. What steps would you advise your
MP to take? According to MRE 312 (c), you may instruct your MP to conduct a visual search of SPC Dumkauf's
mouth. Remember that this search can be conducted without Dumkauf's permission.
Intrusion into other Body Cavities
Intrusions into other body cavities can be conducted with or without the subject's permission. If the subject gives
his or her permission, any