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a reasonable search

A man pulled over for DUI was taken to the hospital and forced to a bed, then catheterized against his will. Seems, he had a problem with the whole thing and is now suing.

6 Responses to “a reasonable search”

  1. RAH Says:

    I would sue also. Invasive procedure without probable cause. Plus cathertization often leads to infection and scarring.

    I hope I hear the outcome

  2. Chas Says:

    Markie Marxist sez: “The right to keep and bear arms shall not be infringed means that the right to keep and bear arms can be infringed. The protection against unreasonable searches and seizures means that unreasonable searches and seizures are okay. We are the Marxist state, so we can do whatever we want on any issue. Basically, we own people, so we can do as we please with them. It’s just common communist sense. Ha! Ha!”

  3. nk Says:

    The cop is likely off the hook. Qualified immunity. The magistrate who issued the search warrant for sure. Absolute immunity. The medical personnel maybe, if there is a statute which insulates them. Otherwise, they’re in deep doodoo.

    But don’t you wonder why a cop would go to that much trouble to #$%^ this guy around when he could have been having a donut and coffee instead?

  4. JKB Says:

    I believe you have that backwards. The medical staff executed the procedures in accordance with a court order. The magistrate relied on a sworn statement of probable cause. Now if the officer declined to reveal the results of the breathalyzer then he may have some problems since it directly contradicts the probable cause.

    Since qualified immunity is a wholly made up concept with no basis in enacted law or the constitution, it probably could be extended to cover this but if the officer purposely withheld the breathalyzer tests that may be more difficult.

  5. Bobby Says:

    Sounds like rape to me, honestly.

  6. Vote For David Says:

    Sounds like either of 2 things to me:

    Ssomebody was a 100% Grade A Asshat during a routine traffic stop and got what they asked for.
    No mention in that stub article of whether or not the driver was stopped (for DUI remember) during a diabetic emergency which has some similar symptoms to being drunk Also no mention if he were high at the time.

    There is (duh?) more than one side to this story.