Page 1 of 1 [ 11 posts ] 

LKL
Veteran
Veteran

User avatar

Joined: 21 Jul 2007
Age: 50
Gender: Female
Posts: 7,402

06 Nov 2013, 12:23 am

Man forced to undergo repeated, invasive medical procedures, included being sedated and receiving a colonoscopy, for "clenching his buttocks" in front of police.
http://www.salon.com/2013/11/05/anal_pr ... stop_ever/



trollcatman
Veteran
Veteran

User avatar

Joined: 21 Dec 2012
Age: 45
Gender: Male
Posts: 2,919

06 Nov 2013, 1:04 am

This is why the government shouldn't give cops the right to randomly search people, especially inside their own body. It's like the government owns your bowels. Is the random chance that somebody carries narconics dangerous enough to allow police to search our anuses? Next time it could be you or me. I'd rather they let the people with narcotic-filled rectums slip escape.
And those people at the hospital should not have cooperated, they made a big mistake. This had nothing to do with treating a patient.

And last, stop signs are useless. They used to have them here, but they've all been removed years ago.



Apple_in_my_Eye
Veteran
Veteran

User avatar

Joined: 7 May 2008
Gender: Male
Posts: 4,420
Location: in my brain

06 Nov 2013, 1:09 am

Why didn't they surgically remove his colon to inspect it -- you know, just to be sure?

It sounds like there needs to be some legal precedent to compensate for the medical peoples' failure of ethics.

Ah well, there were/are doctors and psychologists at Gitmo and Abu Graive assisting with torture, so maybe this isn't too surprising.

The guy was probably just a smart-ass and the cops thought that what they put him through was an amusing form of retribution.



ghoti
Veteran
Veteran

User avatar

Joined: 4 May 2012
Age: 58
Gender: Male
Posts: 6,596

06 Nov 2013, 10:38 am

If the 4th amendment had any power remaining, there would by a big violation of his rights.



zer0netgain
Veteran
Veteran

User avatar

Joined: 2 Mar 2009
Age: 58
Gender: Male
Posts: 6,615

06 Nov 2013, 11:16 am

There is no excuse for what happened.

A digital rectal exam may have been permissible. Holding a suspect until they defecate into a non-flushing toilet is permissible. Physical exams beyond that should require a warrant. I'm sure this guy has a suit against not just the police department, but also the hospital and doctors who went along with it.



staremaster
Veteran
Veteran

User avatar

Joined: 2 Dec 2010
Gender: Male
Posts: 1,628
Location: New York

06 Nov 2013, 11:33 am

If a cop doesn't like your attitude, brace yourself for the storm.
If you don't like a cop's attitude, you can complain about it on the internet...



Sherlock03
Veteran
Veteran

User avatar

Joined: 2 Oct 2012
Age: 36
Gender: Male
Posts: 594
Location: Virginia

06 Nov 2013, 11:53 am

Aha, finally all those alien abduction cases involving a probe make sense. It was really the pigs getting kinky.


_________________
"Everything we hear is an opinion, not a fact. Everything we see is a perspective, not the truth." - Marcus Aurelius


1000Knives
Veteran
Veteran

User avatar

Joined: 8 Jul 2011
Age: 35
Gender: Male
Posts: 5,036
Location: CT, USA

06 Nov 2013, 6:47 pm

staremaster wrote:
If a cop doesn't like your attitude, brace yourself for the storm.
If you don't like a cop's attitude, you can complain about it on the internet...


Life gets easier once you start seeing the world around you in USSR colored glasses.



visagrunt
Veteran
Veteran

User avatar

Joined: 16 Oct 2009
Age: 59
Gender: Male
Posts: 6,118
Location: Vancouver, BC

06 Nov 2013, 8:59 pm

There is absolutely no excuse for a peace officer failing to obtain a new warrant to ensure that the search that the peace officer proposes to undertake continues to have judicial approval.

I have no idea whether taking a detainee across a county line vitiated the warrant, but the time expiry most certainly did. That is a fatal defect in the investigation which, I would hope, would not survive even the most cursory judicial scrutiny.

As for the physicians who did this, there are significant professional conduct questions to be answered about conducting repetitive examinations, without insisting that the peace officers obtain new warrants to overcome the refusal of the person concerned to consent.


_________________
--James


LKL
Veteran
Veteran

User avatar

Joined: 21 Jul 2007
Age: 50
Gender: Female
Posts: 7,402

06 Nov 2013, 9:11 pm

I would not have believed that a warrant for a 'body cavity search' would include general anesthesia and a colonoscopy, timing and location regardless.



visagrunt
Veteran
Veteran

User avatar

Joined: 16 Oct 2009
Age: 59
Gender: Male
Posts: 6,118
Location: Vancouver, BC

06 Nov 2013, 9:19 pm

LKL wrote:
I would not have believed that a warrant for a 'body cavity search' would include general anesthesia and a colonoscopy, timing and location regardless.


Well, in this fact situation, I would take the same view, because they already had a negative radiograph and (if memory serves) three bowel evacuations that were also negative. But if, for example, the radiograph had demonstrated a mass that had not been cleared by enemas or laxatives, then I could see a colonoscopy being judicially authorized.

But at a minimum, I would expect to send the police back to get that procedure specifically authorized by police, and I would expect my hospital to intervene on behalf of the medical staff to ensure that the judicial instructions were explicit.


_________________
--James