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Laxative-induced search violated rights
Interest! Alert ^ | May 11, 2005 | UPI

Posted on 05/16/2005 10:39:05 PM PDT by Still Thinking

MILWAUKEE, May 11 (UPI) -- The Wisconsin Court of Appeals ruled a man forced by police to drink liquid laxative to expel a swallowed bag of heroin was unreasonably searched.

The decision reverses a trial-court ruling that found police and medical personnel at Froedtert Memorial Lutheran Hospital in Wauwatosa acted solely out of concern for the health of Tomas R. Payano-Roman, 35, when they forced him to drink six cups of liquid laxative while handcuffed to a bed and made him defecate into a portable toilet as they looked on, the Milwaukee Journal Sentinel reported.

The appeals court found police did not consider the risk of breaking the plastic bag holding the heroin, triggering an overdose. Payano-Roman's Fourth Amendement rights were violated and the evidence will not be admissible at trial.


TOPICS: Crime/Corruption; Government; Miscellaneous; US: Wisconsin
KEYWORDS: cheeseheads; fourthamendment; laxative; leo; searchandseizure; wodlist
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See, a case where BOTH the perp AND the cops were full of crap!
1 posted on 05/16/2005 10:39:06 PM PDT by Still Thinking
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To: Still Thinking

but in the end, it all worked out OK. whew!


2 posted on 05/16/2005 10:40:44 PM PDT by NormsRevenge (Semper Fi ...... The War on Terrorism is the ultimate 'faith-based' initiative.)
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To: Still Thinking; LibertarianInExile

Perp swallows horse
Cops fudge the Miranda
Smooth move, Boys!


3 posted on 05/16/2005 10:43:26 PM PDT by The Spirit Of Allegiance (SAVE THE BRAINFOREST! Boycott the RED Dead Tree Media & NUKE the DNC Class Action Temper Tantrum!)
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To: Still Thinking
Dumb. Book them on suspicion, sit the suspect down and feed them very well, repeatedly, (no abuse here) and let nature take its course...in 48 hours, the system will be purged completely of whatever was in it.

If the balloon breaks, the tox profile from the autopsy will confirm their suspicions...

4 posted on 05/16/2005 10:44:18 PM PDT by Smokin' Joe (Grant no power to government you would not want your worst enemies to wield against you.)
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To: NormsRevenge

yep, everything came out ok.


5 posted on 05/16/2005 10:44:24 PM PDT by rdl6989 (If it drives the left into fits, its a good thing.)
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To: Still Thinking
"...while handcuffed to a bed and made him defecate into a portable toilet as they looked on.."

Perhaps it would have been acceptable if they hadn't looked on? Maybe they could have placed a small "catch net" across the portable toilet and then turned their backs on the fellow?
6 posted on 05/16/2005 10:45:33 PM PDT by Jaysun (No matter how hot she is, some man, somewhere, is tired of her sh*t)
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To: rdl6989

he-ro-in

he-ro-out

:-}


7 posted on 05/16/2005 10:46:20 PM PDT by NormsRevenge (Semper Fi ...... The War on Terrorism is the ultimate 'faith-based' initiative.)
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To: Still Thinking

Fiber One cereal.


8 posted on 05/16/2005 10:47:56 PM PDT by The Red Zone (Florida, the sun-shame state and Georgia, the rotten peach, and Illinois the chicken injun.)
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To: Still Thinking

[The Wisconsin Court of Appeals ruled a man forced by police to drink liquid laxative to expel a swallowed bag of heroin was unreasonably searched. The appeals court found police did not consider the risk of breaking the plastic bag holding the heroin, triggering an overdose.]



How does drinking liquid laxative increase the risk of breaking the swallowed plastic bag?

Just the opposite should be true. The longer the bag is inside the body, the greater the risk of deterioration from stomach acid and eventual breakage.


9 posted on 05/16/2005 10:54:16 PM PDT by spinestein (Newsweek lied, people died.)
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To: bonesmccoy; neverdem

Docs?


10 posted on 05/16/2005 10:55:04 PM PDT by The Red Zone (Florida, the sun-shame state and Georgia, the rotten peach, and Illinois the chicken injun.)
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To: Still Thinking

Poor, poor beby, forced to go poo-poo when he wasn't ready, it's a definate violation of his civil rights-Is the ACLU here yet? Where is the ACLU when you really need them?


11 posted on 05/16/2005 11:00:11 PM PDT by de Buillion (Jerusalem, 1099)
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To: Still Thinking

This is all so stoopid.

Booze and cigaretts are just as dangerous as any illegal drug.

Let's just end the war on drugs and let the idiots take whatever drugs they want to take...let them dig their own graves if that is what they want.

I'm for legalization of drugs...but I'd support increases in penalties for selling/giving them to minors...that is just sooo wrong! :-(


12 posted on 05/16/2005 11:05:07 PM PDT by Bobalu (This is not the tag line you are looking for.....move along (waves hand))
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To: de Buillion

Would you have any problems with the police if for some erroneous motive you or someone in your family were suspected and required to drink 6 cups of laxative and perform as indicated here? Another new item I have read about is police tasering a suspect (twice) for refusing to give a urine (I think, maybe blood) sample.

The problem with allowing this kind of stuff is that once precedent is set for them to forcibly extract bodily fluids from someone for a crime there isn't too much sympathy for, the door is open to expand this to all kinds of stuff.


13 posted on 05/16/2005 11:09:01 PM PDT by WoofDog123
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To: Still Thinking

Every person that had anything to do with this should be charged with assault.

Medications of any type should not be used as evidence-gathering tools by law enforcement.


14 posted on 05/16/2005 11:33:54 PM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: clee1

The law may allow it.
The courts may uphold it.

but there is something MORALLY and CIVILLY wrong with police inspecting the contents of your intestines, warrant, laxative or not.

The war on whatever it is this year, is wrong.
The police state tactics are as disgusting as anything I have heard.


15 posted on 05/16/2005 11:37:46 PM PDT by Robert_Paulson2 (The minutemen are 'vigilantes' doncha know?)
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To: Robert_Paulson2

Agreed.

They would have had to hold me down and force-feed me that laxative. Several officers would have been bitten. Afterward, all involved would be sued.

If I had gotten no satisfaction in court, I'd have spent the rest of my life hunting down these "public servants" so I could put a bullet in their fascist brains.

I am G-ddamned tired of governmental bullies pulling this kind of crap!


16 posted on 05/16/2005 11:46:07 PM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: WoofDog123

If I was seen or suspected of swallowing a bag of dope, I don't believe that I would have a legitimate complaint. Especially, since that act does present a life threatening condition, which the cops are now responsible for.


17 posted on 05/16/2005 11:49:01 PM PDT by de Buillion (Jerusalem, 1099)
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To: WoofDog123

Your comment about the Taser is totally irrelevant to this thread.


18 posted on 05/16/2005 11:52:07 PM PDT by de Buillion (Jerusalem, 1099)
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To: WoofDog123
Would you have any problems with the police if for some erroneous motive you or someone in your family were suspected and required to drink 6 cups of laxative and perform as indicated here?

I certainly would. The police aren't qualified in and of themselves to administer any kind of medical treatment, much less against a person's will. Perhaps with a court order, under the proper medical supervision, but not as described here.

I once read about a similar case (I think it was in a George Will editorial) about a woman apprehended at an airport who was suspected (rightly) of having swallowed a number of receptacles of cocaine. In that case, the authorities simply waited for nature to take its course.

19 posted on 05/17/2005 12:00:32 AM PDT by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: Still Thinking

Question is, is this another crappy ruling by a judge full of......?


20 posted on 05/17/2005 12:11:20 AM PDT by OnRightOnLeftCoast
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