The laws are in place to start giving all U.S. citizens full rectal searches passing borders.
Pretty soon Rectal Checks will be as commonplace as the demeaning searches that we now have to endure at airport security.
But U.S. citizens will learn to accept this as police Security.
We've accepted loss or Miranda, loss of 4th amendment.
Now it's your a.s.s.
http://stopthedrugwar.org/chronicle-old/318/toomuch.shtml
Florida motorists are watching their rear-view mirrors this week after an appellate court ruled that rectal searches by police are legal. According to the Fifth District Court of Appeals, the removal of 54 grams of cocaine from a suspect's rectum by a member of the Orange County highway drug squad was "part of a legal patdown to make sure the man wasn't armed..." America, land of the free, home of the rectal patdown...
http://www.gwhatchet.com/media/storage/paper332/news/2002/10/17/UWireDcBureau/D.c-Police.Garner.2nd.Suit.Aclu.Claims.Improper.Search-301349.shtml?norewrite200609240112&sourcedomain=www.gwhatchet.com
Law says 85% of rectal searches done on innocent people
here's the link
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=414&invol=941
This case paves the way to allow police to give everyone a full rectal search.
In another case, he ordered the suppression of heroin
discovered through a warrantless rectal search, even though there
was more than adequate probable cause to believe that the
defendant was carrying heroin in his rectum as he came across the
U.S. border. Kennedy criticized the search as unnecessarily
intrusive, and expressed a desire to protect the privacy rights
of innocent persons against such searches. U.S. v. Cameron. 538
F. 2d 254 (1976).
CRIMINAL LAW - INEFFECTIVE ASSISTANCE OF COUNSEL - SIXTH AMENDMENT - PREJUDICE
Facts: Appellant, Dwight Evans, appealed the denial of his petition for post-conviction relief. A jury convicted Evans of distribution of cocaine and possession with intent to distribute. Evans asserted that he was denied effective assistance of counsel because his trial counsel failed to move to suppress evidence obtained in a warrantless rectal search of Evans on a public street, in broad daylight, in violation of his Fourth Amendment rights. Evans argued that his counsel’s performance fell below Strickland’s objective standard of reasonableness. In regard to the prejudice prong of Strickland, Evans asserted that his sentence was enhanced because of counsel’s deficient performance. The Circuit Court for Baltimore City denied Evans’s request.
Held: Reversed. Evans satisfied his burden under both prongs of Strickland. His counsel’s performance fell below objective standards of trial conduct because he failed to seek suppression of evidence obtained by a public rectal search on the street of Baltimore City, which deviated from standard procedural guidelines that protect the integrity and constitutional rights of individuals. This is the case even though Evans’s counsel litigated an equally strong argument regarding Evans’s arrest and search incident to that arrest. In regard to the prejudice suffered by Evans, had his counsel properly sought suppression of the evidence, the two drug charges would have been merged and the detrimental effects of the nine vials of cocaine found in his “rear end” would have ameliorated his sentence. This satisfied Evans’s burden under the prejudice prong of Strickland.
Evans v. State, No. 289, September Term 2001, filed June 25, 2003. Opinion by Sonner, J.
2006-09-23
18:35:02
·
30 answers
·
asked by
Anonymous
in
Politics & Government
➔ Law Enforcement & Police