Definitions

As used in this chapter, unless the context requires otherwise, terms shall have the following meanings: (1) Administrative inspection – a principally visual inspection of a cursory and limited nature to permit the viewing of the contents of packages, containers, and the passenger and trunk area of motor vehicles. (2) Consent – clear, unequivocal and entirely voluntary permission to conduct an administrative inspection or search given by the subject thereof or the controller of property subject thereto. (3) Contraband – any item expressly prohibited or limited in its use, possession or presence on facility grounds by law or by departmental or facility rules, policy or procedures. (4) Department – the Tennessee Department of Mental Health and Substance Abuse Services. (5) Employees – all workers on the staff of any division, facility or office of the department. (6) Exigent circumstances – situations in which facts indicate that immediate action is necessary to prevent danger or to prevent loss or destruction of evidence during the delay required to obtain a warrant. ADMINISTRATIVE INSPECTIONS AND SEARCHES CHAPTER 0940-02-04 (7) Patients – persons under evaluation, care or treatment in a facility operated by the department for the mentally ill. (8) Probable cause – a factual ground for belief sufficient to cause a reasonably prudent person to conclude that a crime has been or is being committed, or that contraband or evidence of a crime will likely be found in a particular place or area. (9) Residents – persons under evaluation, care, training or treatment in a facility operated by the department for the mentally retarded. (10) Search – Any physical examination of a person or a person’s clothing, or a thorough examination of a package, container, or vehicle. (a) Frisk search – a search in which a person being searched is not required to remove his or her clothing. (b) Strip search – a search in which a person being searched is required to remove or rearrange some or all of his or her clothing. (c) Visual body cavity search – the visual inspection of a person’s body cavities made without touching the person being searched physically or with instruments. (d) Manual body cavity search – an inspection of mouth, ear, nose, anal or vaginal body cavities performed only by authorized medical or nursing staff utilizing the fingers or appropriate instruments. (11) Visitors – persons other than department employees who enter facility grounds.