22-2522.
Body cavity searches; warrant; limitations.
(a) A body cavity search shall be conducted only under the authority of a search warrant specifically authorizing a body cavity search.
(b) Every body cavity search shall be conducted by a licensed physician or registered nurse. No person authorized by this subsection to conduct a body cavity search or any person assisting in the performance of such search shall be liable in any civil or criminal action when such search is performed in a reasonable manner according to generally accepted medical practices in the community where performed.
(c) Law enforcement officers may be present during the search, but only those of the same sex as the person on whom a body cavity search is being conducted.
History:
L. 1981, ch. 149, § 3; July 1.
Notes of Decisions
Cook v. Olathe Med. Ctr., Inc., 773 F. Supp. 2d 990 (D. Kan. 2011).
· cites it 5× “K.S.A. § 22-2522. 47 . Section 22-2523 states, in part, as follows: (a) If liability is established in any civil action brought under the Kansas tort claims act for violation of subsections (a) or (b) of K.”
Eastman v. Coffeyville Resources Refining & Mktg. LLC, 284 P.3d 1049 (Kan. 2012).
“22-2521 and K.S.A. 22-2522 created substantive rights not recognized at common law because “although one can imagine several common-law tort claims which might be brought based upon tire facts alleged in this case .”
State v. Gross, 184 P.3d 978 (Kan. Ct. App. 2008).
“22-2520 and was unlawfully conducted without a warrant in violation of K.S.A. 22-2522. Gross contends that the items seized as a result of this search should have been excluded from evidence at trial.”
McCormick v. City of Lawrence, 89 P.3d 657 (Kan. Ct. App. 2004).
· cites it 3× “22-2521, or K.S.A. 22-2522, the plaintiff shall be entitled to an amount equal to the sum of the following: (1) Actual damages sustained by the plaintiff; (2) punitive damages, if the violation was willful, wanton or malicious; (3) the costs of the action, at the discretion of…”
State v. Gibson, 874 P.2d 1122 (Kan. 1994).
“The statutory definitions pertinent to a pen register state: “As used in K.S.A. 22-2522 through 22-2529: “(2) ‘pen register’ means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to…”
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