Forced Catherterization? Really?
One of my favorite South Park episodes is Clubhouses. Stan decides to build a clubhouse so he can play truth or dare with his girlfriend Wendy. Chaos ensues (Ewok Village 5000, inter alia) but finally, by the end of the episode Stan is expecting to be “dared” to kiss Wendy.
Instead, Wendy dares Stan to “take this twig and jam it up your peehole.” A shockingly typical SP ending.
Now replace Stan with the driving public, and Wendy with a MADD pyscho goon cop and you have the story of Jamie Lockard. From WLWT.com-
LAWRENCEBURG, Ind. — An Indiana man has filed a lawsuit claiming that police forcibly withdrew blood and urine from his body during a drunken driving arrest, WLWT-TV reported.
According to the suit, police arrested Jamie Lockard, 53, on suspicion of drunken driving in March.
A Breathalyzer test showed he was under the legal limit, but Officer Brian Miller doubted the findings.
Lockard and his attorney claim in the suit that police took him to Dearborn County Hospital and forced him to submit to a urine and blood test.
Police said they obtained a warrant, but Lockard’s attorney said his client was shackled to a gurney and had a catheter inserted against his will.
“It has to be executed reasonably,” said attorney Doug Garner. “No one would say this is reasonable behavior. It’s reprehensible that anyone could think that this is appropriate.”
The blood test showed that Lockard’s blood-alcohol level did not exceed Indiana’s legal limit, police said.
Garner said the police officer did not apologize, but instead charged Lockard with obstruction of justice.
“He took it too far. He thought he could do whatever to me,” Lockard said
Jamie was arrested for DWI and voluntarily gave a breath sample that showed he was under the legal limit. Undeterred village idiot/police officer Brian Miller went to his rubber stamp judge and got a warrant for Mr. Lockard’s blood and urine.
Whereas a blood draw warrant allows the cops to hold you down and jam a needle in your arm, a urine warrant lets LEO put the force in forced catheterization.
The blood test also showed Mr. Lockard was not intoxicated. Mr. Lockward was released without charges and the police officer was suspended for this conduct.
Riiiight. Mr. Lockard was charged with “obstruction of justice” for having the audacity to protest the State’s attempt to extract his urine. Such is our GITMO inspired war on DWI. DWI suspects, even the innocent ones, are still charged with something, while sadist cops roam the streets looking for new prey.
What’s preventing this from happening in Texas? Nothing. At any time, any cop could get a FC warrant and start slant drilling on your privates.
Our appellate courts have fallen over themselves gutting your Constitutional protections to save DWI convictions. Your bodily fluids are merely “evidence” that can be seized at will by the State. All LEO needs is a fill in the blank search warrant faxed to a “friendly” judge and your blood, breath, and/or pee can be seized by the State.
It doesn’t have to be this way. I’ve never, not once in my prosecutor/defense lawyer career seen a urine/bac case. Texans should demand that the urine be removed from the “alcohol concentration” definitions in the penal code.
The only use for DWI urine testing seems to be the torture of innocent drivers. I’m not expecting a groundswell of support for my “Free The Pee” campaign, but it’s never to early to contact your representative.