Is this legal for law enforcement to do?

Question

The article is here: http://www.talkleft.com/story/2005/03/09/865/28869

Basically police tried to use a catheter against his will to draw urine? Serious answers only who know what they are talking about -- is this legal?

Answer 1

Ok, well I don't know florida law, but here's what we can force an Arrestee to submit to as a search incident to arrest in MA:
1. Fingernail Scrapings (Cupp v. Murphy 1973)
2. Fingernail Clippings (Commonwealth v. Appleby 1970)
3. Fingerprints and Photographs (provided person is arrested for Felony, NOT Misdemeanors. Exception is arrest for riot, mass demonstration, or disterbance)
4. Hair samples from Head, chest, and Pubic Areas (Commonwealth v. Tarver 1975; Commonwealth v. Puleio 1985)
5. Handwriting Exemplars (US v. Mara 1973)
6. Voice Exemplars (US v. Dionisio 1973)
7. Clothing (Commonwealth v. Appleby 1970)
8. Ultraviolet Examinations (State v. Richardson - 6th Cir. 1968)
9. Exterior Scrapings of Genetalia (Brent v. White - 5th Cir. 1968)
10. Benzidine Testing for detection of blood on suspects body or clothing (Commonwealth v. Appleby 1970)
11. Gun Powder Residue Test (Commonwealth v. Lydon 1992)
12. Blood Sample for Alcohol content analysis (suspect must consent. Refusal is a 120 day license revocation. If vicitim is unconscious, file subpoena for medical records through C.233 Sec.79. BAC should be recorded in medical records as hospita practice. Orig. case was Schmerber v. California 1966)
13. Bodily Intrusions need search warrant (Rodrigues v. Furtado 1991)
14. Modeling of Blouse (Holt v. US 1910)

This is all MA law, FL is probably different b/c MA has very strict laws that limit police action to a much higher degree then the 49 other states and even the federal government. Even federal cases don't always apply in my state so.

Answer 2

The officer involved in this case was criminally charged. But, he was tried twice and it ended with a mistrial. Here's the info:

State dropping charges against officer in Taser case

posted by John A. Cutter on Jun 12, 2006 12:51:19 PM

Update with information from reporter Rene Stutzman: Prosecutors today dropped the criminal case against an Orlando police officer who used a Taser on a prisoner-patient already strapped to a gurney during a struggle over a urine sample. Just Friday, a six-member panel deliberated 5 ½ hours before giving up, deadlocked 3-3. It was the second Orlando jury in as many months to debate the issue but wind up deadlocked. Officer Peter Linnenkamp, 45, was charged with battery, a misdemeanor that carries a maximum penalty of one year in jail and a $1,000 fine.

He told jurors on Thursday that he was only doing his job March 5, 2005, while guarding Antonio Wheeler at Florida Hospital Orlando. Wheeler had been arrested a few hours earlier on cocaine selling charges.

Police took him to the hospital to make sure he was not in danger from an overdose. Tests later would show that Wheeler had no cocaine in his system, but before that, there was a fight in the emergency room over Wheeler’s urine sample.

The medical staff insisted that he provide one. Wheeler began to struggle when a staffer approached him with a 12-inch catheter tube. During the scuffle, Linnenkamp zapped Wheeler twice with his department-issued Taser, even though Wheeler was already lashed to the bed by three leather straps and a set of handcuffs.

In a prepared statement, Orange-Osceola State Attorney Lawson Lamar today said he was not convinced that putting Linnenkamp on trial a third time would serve justice.

Link provided below.......

Hope this helps.

Answer 3

I didn't know any state could use a catheter! You can't in my state and I think that goes a little too far when they can get all they need from a blood test! UTI's are not uncommon from catherization, though usually those who have them long term!

Figures it is Florida!

It's also illegal in the US for any doctor or health care worker to perform a procedure on a patient who refuses treatment. Case law is clear that police must wait for urine samples, in the same way they must wait for smugglers who swallow packaged drugs to eliminate them on their own, with no laxatives allowed.

The Wheeler case is also a perfect example of a long and growing list of abuses committed on civilians at the hands of Taser-happy police officers. They range from disturbed children being tasered to get them to calm down, to old men and women simply refusing to comply quickly enough with police orders. And a growing number of those tasered are turning up dead.

The police are saying they were trying to save his life. What BS!

Answer 4

Yeah.. I would say thats illegal at some extent.

If you feel bad for the drug addict or just don't like how all the cops are tasering people for little to no reason, I suggest writing a letter to the right people to let them know that you're upset. The Officer involved, Chief of police, the mayor and maybe even the attorney general.

I think the worse letters politicians can receive are persons from out of state; letting them know that their actions offended you.

Answer 5

Why the tremendous marvel ? Obama is a thug from Chicago who has for a lengthy time period been referred to as by the folk of Chicago "The Prince of Corrupt Chicago Politics". He did not get that call for being an remarkable guy you comprehend. it truly isn't any twist of destiny that he continuously managed to get human beings operating adversarial to him taken off of the ballots. He makes use of the same old thug procedures of coercion, bribery and intimidation. He lies like there's no day after today and the talk grow to be a suited social gathering of that. even at the same time as Sen McCain observed that he grow to be no longer being straightforward, he in basic terms shook his head and said "it truly is in basic terms no longer genuine John" over and throughout again. Hell, he knew he grow to be busted and as time-honored tried to spin it. Now he's in Missouri pulling the same old intimidation stunts. properly, if it were me, and that i have been McCain, i might want to have the united stateslawyer for Missouri sorting out Obama and thinking expenditures for unlawful use of a state organization. Any way you chop back it, Obama's a criminal and everybody with the brains God gave a rock can see it ! RN

Answer 6

It's not legal without a warrant. As long as the party refuses, nurses, doctors, etc, cannot force him to, and they cannot take it illegally against his will because police want evidence.

Answer 7

No. This is another reason why tasers are being called torture toys. Maybe if they strapped that cop in an electric chair it would get the point across?
http://nodonut.egoweblog.com/blog/bad_cop_no_donut/taser

Answer 8

this is shocking no it would not be legal and i would be suing if i was the prisoner no matter what his her crime and also a cathater can or should only be fitted by a qualified practioner ie a doctor or a nurse NOT A POLICE OFFICER X X

Answer 9

No but the cops think they are above the law. And the courts let them get away with it.

Answer 10

I'm pretty sure you need a warrant for any invasive procedures.