Posted on 03/11/2005 9:49:39 AM PST by Abathar
ORLANDO, Fla. -- A police officer twice used a Taser stun device on a drug suspect who was restrained to a hospital bed because the man refused to give a urine sample to medical staff, authorities said.
Antonio Wheeler, 18, was arrested Friday on a drug charge and taken to an emergency room after telling officers he had consumed cocaine, police said.
Because Wheeler said he had used the drugs, Florida Hospital officials wanted a urine sample. A police affidavit said Wheeler wouldn't provide a sample on his own, so workers tried to catheterize him to get one.
The police document said Wheeler was handcuffed to a hospital bed and then secured with leather straps after he refused to urinate in a cup. When medical staff tried to insert a catheter to get the sample, Wheeler refused and began thrashing around, the affidavit said.
At one point, police officer Peter Linnenkamp reported, he jumped on the bed with his knees on Wheeler's chest to restrain him. When Wheeler still refused to let the catheter be inserted, Linnenkamp said he twice used his Taser, which sends 50,000 volts into a target.
"After the second shock (Wheeler) stated he would urinate and calmed down enough to be given the portable urinal," Linnenkamp wrote.
At the request of Police Chief Michael McCoy, the Florida Department of Law Enforcement is investigating the incident.
Linnenkamp, who has more than 18 years on the force, has no history of disciplinary problems, said Sgt. Barbara Jones, a department spokeswoman.
He has been relieved pending the investigation's outcome. Jones said officers in such suspensions usually are paid.
In a Tuesday interview at the Orange County jail, Wheeler acknowledged that he aggressively resisted efforts to insert the catheter because he was scared it would hurt. He said the police officer told him the catheter would be necessary if he wouldn't or couldn't urinate on his own.
"I feel I was basically raped," Wheeler said.
Said Amnesty International USA spokesman Edward Jackson: "If this had taken place in China, it would be an egregious violation of human rights, and the public would be outraged.
"I hope that they don't allow the fact that it happened on U.S. soil deter from the fact that this may very well be a case of torture."
Florida Hospital spokeswoman Melanie Trivento said in a statement Wednesday that hospital officials wouldn't be able to comment on the case until they have thoroughly reviewed it.
"This is a very unusual situation and we are examining all of the circumstances surrounding the incident," the statement said.
Earlier, another hospital spokeswoman, Samantha O'Lenick, said she could not speak specifically about the Wheeler case but said hospital protocol calls for urine samples whenever patients say they have taken drugs or alcohol.
Wheeler was being held on $7,500 bail on charges including possession of cocaine with intent to sell, escape and resisting without violence. Copyright 2005 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
I bet one tazer hit in the right place would have worked for me.
talk about unreasonable search & seizure
The Police State, Chapter 12.
Key word being seizure!
My only comments:
That will do it ever time. Need to watch out with this tactic though, might get a bonus.
sounds like someone was pissed off.
This will end up being the most expensive cup of pee ever.
What a pisser!
By the time the Florida tax payers are through paying lawsuit and settlement fees that will be one expensive forced urination.
I guess that little bit about "nor shall be compelled in any criminal case to be a witness against himself" doesn't apply in the WOD.
Couldn't they have just given him a water pill so that he would be peeing all over the place?
It isnt like the cops needed to know whether or not he was on cocaine, he already told them.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Unfortunately, this dimwit will probably waste it on drugs. (The "dimwit" comment refers to his choice to take drugs at all and not to his failure to be a good little prisoner.)
"hospital protocol calls for urine samples whenever patients say they have taken drugs or alcohol."
Hospital protocol ???? So if another patient refused to give a urine sample in a similar case, a taser would be in order??
Sounds like the hospital was trying to get the urine sample to cover themselves to avoid a lawsuit, but then got one instead.
Unfortunately, it sounds like the taxpayers and the hospital will be paying a nice settlement to this jerk , drug addict.
yeah but I dont know...I think a good prosecutor could make a reasonable case for probable cause since the guy had ADMITTED to using Cocaine.
Just for Devil's advocate sake....
Florida has a long history of police abuse. Perhaps it is related to the many decades of Liberal influence?
Any ideas, anyone?
The admission is indeed probable cause - for the guy's arrest. The cop's testimony to the admission would have been quite enough. Using a taser to gain physical evidence, however, was a mistake. The cop might as well pulled out his ASP baton and beat the piss out the guy, or shot him. It's all the same, and it's all excessive force, no matter how you parse it.</p>
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.