Tuesday, May 17, 2005

Laxative-induced search violated rights

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.

I had to. This newsy item just begged to be posted. Going back to the subject of activist courts, here, for the moment.. one would think the appeals court would be applauding such a popular "movement" in the man, no?

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