Author Topic: Improper search  (Read 22778 times)

41magsnub

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Improper search
« on: November 05, 2013, 11:34:23 AM »
http://www.kob.com/article/stories/S3209305.shtml?cat=500#.UnkcWhBnAy7

Short version...

Guy runs a stop sign
Cop pulls him over, thinks the guy is clenching his buttocks
Gets search warrant for an anal search
First hospital refuses to perform the search on ethical grounds (way to go guys!)
2nd hospital does the search (no drugs ever found):  2 separate finger exams, 2 x-rays, 3 enemas, then he is sedated and they do a colonoscopy

Both the cops and the doctors need some jail time.  They basically anally raped this guy under the cover of law.

Lawsuit is pending against the cops, the 2nd hospital, and the DRs that performed the "procedure".

Edit:  the warrant was served improperly too:  they took him out of the county for the search since the in county hospital wouldn't do it and they took too long, they were still searching after the warrant expired.
« Last Edit: November 05, 2013, 11:38:43 AM by 41magsnub »

AZRedhawk44

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Re: Improper search
« Reply #1 on: November 05, 2013, 11:40:21 AM »
I'd be dead.  Or tased/drugged into submission if I didn't somehow escape.  Period.  No effing way.  I'd shoot a cop to escape that.
"But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist."
--Lysander Spooner

I reject your authoritah!

Balog

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Re: Improper search
« Reply #2 on: November 05, 2013, 11:46:57 AM »
CSD's comments insinuating the guy had it coming because he looked like and or was related to criminals in 3 2 1
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Tallpine

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Re: Improper search
« Reply #3 on: November 05, 2013, 11:47:28 AM »
I'm suprised the hospital and doctors didn't send a bill also.


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Jamisjockey

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Re: Improper search
« Reply #4 on: November 05, 2013, 11:48:25 AM »
I'd be dead.  Or tased/drugged into submission if I didn't somehow escape.  Period.  No effing way.  I'd shoot a cop to escape that.

When my TX chl instructor went over the section on using deadly force to resist wrongful use of force by an officer, I laughed at him.  Made an interesting conversation for the class.  
JD

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Sergeant Bob

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Re: Improper search
« Reply #5 on: November 05, 2013, 11:52:13 AM »
But hey, at least the peace officers jack boots got to go home safe that night!

This story should be on the national news but, I'm pretty sure it won't be. Might wake some people up.
Personally, I do not understand how a bunch of people demanding a bigger govt can call themselves anarchist.
I meet lots of folks like this, claim to be anarchist but really they're just liberals with pierced genitals. - gunsmith

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MillCreek

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Re: Improper search
« Reply #6 on: November 05, 2013, 11:55:11 AM »
Geez Louise on roller skates. There is no way in heck I would allow or instruct my doctors to do this sort of thing absent a medical emergency, which this was not.  There have been cases in which a drug mule was packing narcotics internally, and the packages ruptured, and emergency procedures were done without consent to save the patient's life, regardless of the law enforcement implications. 
_____________
Regards,
MillCreek
Snohomish County, WA  USA


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You are one lousy risk manager.

Balog

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Re: Improper search
« Reply #7 on: November 05, 2013, 12:01:01 PM »
The cops and doctors had no valid warrant, no probable cause (he was standing funny?  ;/), and were in no way acting within the legal bounds supposedly placed upon them. This was kidnapping and gang rape at gunpoint. Who wants to bet that those involved either are not charged or receive a slap on the wrist compared to if a non-cop kidnapped and gang raped someone?
Quote from: French G.
I was always pleasant, friendly and within arm's reach of a gun.

Quote from: Standing Wolf
If government is the answer, it must have been a really, really, really stupid question.

roo_ster

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Re: Improper search
« Reply #8 on: November 05, 2013, 12:03:39 PM »
Dude should know better than to clench his butt cheeks in front of a LEO.  He ought to be happy he got a medical professional with clean gloves manually rape him.

The gals cavity searched by this reinstated trooper got it up both the love tunnel and dump station with the same glove:
http://www.chron.com/news/houston-texas/houston/article/Trooper-who-conducted-cavity-search-reinstated-4721814.php

Regards,

roo_ster

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lupinus

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Re: Re: Improper search
« Reply #9 on: November 05, 2013, 12:10:09 PM »
Not only no. Hell fluffing no.

They ought to be in freaking jail. Every last one of them

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Balog

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Re: Re: Improper search
« Reply #10 on: November 05, 2013, 12:16:21 PM »
Not only no. Hell fluffing no.

They ought to be in freaking jail. Every last one of them

Sent via tapatalk

Hey now, they'll receive a written disciplinary action in thier file that might make them get a smaller raise next year! Haha, just kidding it's union wages so it'll have no effect whatsoever. But still, you know.
Quote from: French G.
I was always pleasant, friendly and within arm's reach of a gun.

Quote from: Standing Wolf
If government is the answer, it must have been a really, really, really stupid question.

Sergeant Bob

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Re: Re: Improper search
« Reply #11 on: November 05, 2013, 12:18:57 PM »
Hey now, they'll receive a written disciplinary action in thier file that might make them get a smaller raise next year! Haha, just kidding it's union wages so it'll have no effect whatsoever. But still, you know.

Along with a suspension paid vacation.
Personally, I do not understand how a bunch of people demanding a bigger govt can call themselves anarchist.
I meet lots of folks like this, claim to be anarchist but really they're just liberals with pierced genitals. - gunsmith

I already have canned butter, buying more. Canned blueberries, some pancake making dry goods and the end of the world is gonna be delicious.  -French G

Balog

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Re: Improper search
« Reply #12 on: November 05, 2013, 12:23:38 PM »
I always enjoy it when the media uses the same tone to describe a cop getting fired as they do a non-cop getting the death penalty. "And he might *gasp* lose his job!!!!!" Some animals are more equal than others...
Quote from: French G.
I was always pleasant, friendly and within arm's reach of a gun.

Quote from: Standing Wolf
If government is the answer, it must have been a really, really, really stupid question.

Tallpine

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Re: Improper search
« Reply #13 on: November 05, 2013, 12:37:44 PM »
Quote
Cop pulls him over, thinks the guy is clenching his buttocks

From now on, that would be a natural reaction    :O
Freedom is a heavy load, a great and strange burden for the spirit to undertake. It is not easy. It is not a gift given, but a choice made, and the choice may be a hard one. The road goes upward toward the light; but the laden traveller may never reach the end of it.  - Ursula Le Guin

SADShooter

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Re: Improper search
« Reply #14 on: November 05, 2013, 12:44:39 PM »
Whatever happened to civility? Should at least be offering to buy a patty melt and coke first.

On the brighter side, "Hey! Free prostate check!"

(I think I'm in a really misanthropic mood today...)
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RoadKingLarry

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Re: Improper search
« Reply #15 on: November 05, 2013, 01:10:08 PM »
And yet another reason to wonder why we don't see more killdozer type events.
If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.

Samuel Adams

41magsnub

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Re: Improper search
« Reply #16 on: November 05, 2013, 01:32:57 PM »
I'm suprised the hospital and doctors didn't send a bill also.



Apparently they did send a bill.  That would have me in a killdozer frame of mind.

cordex

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Re: Improper search
« Reply #17 on: November 05, 2013, 02:44:47 PM »
Apparently they did send a bill.  That would have me in a killdozer frame of mind.
That surprises me.  I'm pretty sure the department is on the hook for search-related services (i.e. blood draws for DUI tests, etc) as well as any medical care while someone is under arrest. 

I think the reason there are a small number of killdozer incidents is the cost and skill necessary to pull something like that off. 

Balog

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Re: Improper search
« Reply #18 on: November 05, 2013, 03:06:03 PM »
Cordex: what are your thoughts on this incident?
Quote from: French G.
I was always pleasant, friendly and within arm's reach of a gun.

Quote from: Standing Wolf
If government is the answer, it must have been a really, really, really stupid question.

Gowen

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Re: Improper search
« Reply #19 on: November 05, 2013, 04:50:33 PM »
Hey, you guys don't understand.  I am sure an investigation will find that the guy is into kiddie pron, overseas gambling, sells drugs, cheats on his taxes and his wife and is a tea party member.  The officer would have been justified in head shooting him on the spot and saving the tax payers the money for a trial.   
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cordex

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Re: Improper search
« Reply #20 on: November 05, 2013, 05:15:57 PM »
Cordex: what are your thoughts on this incident?
If the story took place as the article states then it was an appalling and by all appearances criminal invasion of privacy nearly indistinguishable from forcible sexual assault.  I see absolutely no cause for such a search based on an officer's perception that the individual was "clenching" and am disgusted that the officer was able to get a warrant on such shaky ground in the first place, much less that he was able to convince a hospital to play along.  I'm additionally bewildered at the extremes the hospital took it under police direction.  The guy should have received a ticket or warning and been sent on his way so he could find a bathroom.

RevDisk

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Re: Improper search
« Reply #21 on: November 05, 2013, 05:23:03 PM »
Dude is likely going to win when it comes to the civil suit. He should go after the medical licenses of each and every individual involved. The cops are obviously beyond kidnapping, rape, sexual assault, etc charges, which should be applied. Maybe he can try to get the judge debarred, but that's an even further long shot.

The cops and the judge are protected, the medicos are not. Sue the facility, the docs, the nurses, etc. Individually and the corporations involved. It'll disincline other medical professionals from being such jackboot sucking scum. At least one doc had a brain and refused to play along. Ideally, because it was unethical, rather than merely fear of being sued.

If you help law enforcement officers repeatedly anally rape an innocent person, your life should be destroyed, because you deserve it.
« Last Edit: November 05, 2013, 05:27:48 PM by RevDisk »
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vaskidmark

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Re: Improper search
« Reply #22 on: November 05, 2013, 08:16:39 PM »
Dude is likely going to win when it comes to the civil suit. He should go after the medical licenses of each and every individual involved. The cops are obviously beyond kidnapping, rape, sexual assault, etc charges, which should be applied. Maybe he can try to get the judge debarred, but that's an even further long shot.

The cops and the judge are protected, the medicos are not. Sue the facility, the docs, the nurses, etc. Individually and the corporations involved. It'll disincline other medical professionals from being such jackboot sucking scum. At least one doc had a brain and refused to play along. Ideally, because it was unethical, rather than merely fear of being sued.

If you help law enforcement officers repeatedly anally rape an innocent person, your life should be destroyed, because you deserve it.

Not so sure the cops are going to bve shielded by limited immunity.  Too much discusion, training and actual use of "dry cells" and "dry chairs" both with already-incarcerated and those being held on suspicion of holding something internally.  Also bunches of training floating around on procedures to use to get extended investigatory holds to wait for time and contraband to pass.

About the only one who will skate is the judge, on soverign immunity.  Also on the notion that it was up to the cops to avise him on all the alternatives noted above.

But what everybody seems to have missed so far is that even the medicos, who were acting as agents of the cops when they did the stuff culminating in the hosepipe, are open to 8th Amendment complaints.  Sure the 4th was trampled into the mud.  But wait till a jury gets hold of the 8th Amendment applying.  Those zeroes are going to start multiplying.

stay safe.
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SteveS

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Re: Improper search
« Reply #23 on: November 05, 2013, 08:20:13 PM »


The cops and the judge are protected, the medicos are not.

While they enjoy a high level of immunity, I would file a Sec. 1983 claim against the cops.  I know there is no guarantee, but I would love to bring this case in front of a jury.
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tokugawa

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Re: Improper search
« Reply #24 on: November 05, 2013, 08:21:06 PM »
 Eventually things come back around.