Q: When a deceased body is being transported from state to state is a mandatory autopsy performed?
My father in law was flown from Missouri to California after he was murdered in a Missouri State Prison. We were told that an autopsy must be performed by both states. Is this correct?
A:
Under federal law, CEOs of prisons may order an autopsy of an inmate if they died from murder, suicide, illness, accident or any unexplained death. http://codes.findlaw.com/us/title-18-crimes-and-criminal-procedure/18-usc-sect-4045.html
I'm not sure why California would conduct an autopsy. I would request further explanation from the California coroner who told you that, including a request that they identify the statute that requires them to conduct the autopsy. I don't see a requirement in the statutes pertaining to autopsies and coroners (http://law.justia.com/codes/california/2009/gov/27460-27472.html; http://law.justia.com/codes/california/2009/gov/27490-27512.html; http://law.justia.com/codes/california/2009/gov/27520-27521.1.html), but this isn't a very common question, so it's not really my area of expertise. I suppose the coroner might say he was conducting an inquest, in which case he needs to examine the body to determine the cause of death, but I don't know why he would do that when the person didn't die in CA and that question was answered by the prior autopsy.
If you don't want the second autopsy, put it in writing to the coroner that you object (really, that his wife and/or natural or adopted children should put it in writing). Step children wouldn't have standing to object, I don't think.
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