Because he can.
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Posted on 09/03/2009 2:19:54 PM PDT by ellery
Suit Claims Police, Hospital Acted Improperly
LAWRENCEBURG, Ind. -- An Indiana man has filed a lawsuit claiming that police forcibly withdrew blood and urine from his body during a drunken driving arrest, WLWT-TV reported.
According to the suit, police arrested Jamie Lockard, 53, on suspicion of drunken driving in March.
A Breathalyzer test showed he was under the legal limit, but Officer Brian Miller doubted the findings.
Lockard and his attorney claim in the suit that police took him to Dearborn County Hospital and forced him to submit to a urine and blood test.
Police said they obtained a warrant, but Lockard's attorney said his client was shackled to a gurney and had a catheter inserted against his will.
"It has to be executed reasonably," said attorney Doug Garner. "No one would say this is reasonable behavior. It's reprehensible that anyone could think that this is appropriate."
The blood test showed that Lockard's blood-alcohol level did not exceed Indiana's legal limit, police said.
Garner said the police officer did not apologize, but instead charged Lockard with obstruction of justice.
"He took it too far. He thought he could do whatever to me," Lockard said.
The suit names the Lawrenceburg police department and Dearborn County Hospital, in addition to Miller and Dr. Ronald Cheek.
"I would hate for this to happen to someone else," Lockard said. "It was the most humiliating thing that has ever happened to me, ever."
“He took it too far. He thought he could do whatever to me,” Lockard said.
Ping.
I wonder if the CIA could have gotten away with forced catheterization and blood draws from terrorists.
Steve Martin The Man with Two Brains
The police ... uhhh ... acted ... uhhh ... stupidly...
I'd prefer to see that cop as a homeless and unemployed bum, looking for a new career.
He blew below the limit on the breathalyzer. That sounds like "probable cause" is out the window. The cop would have done better without the breathalyzer and just sworn that Lockard was stumbling around.
New rule for forced catheterization: provide the sample about one second before the catheter goes in and with as much force as possible to drench the thug doctor or nurse participating in it. If you're lucky the cop will be right there also to maintain the chain of evidence.
Forced who?
He should sue to have those that administered the catheter to be forced to recieve hot scalding enemas- We’ll see who wins
Woah.... that guy had more done to him than the CIA did to terrorists.
Damn good thing they weren’t DRUNK or anything. Shoot planning on killing thousands is NOTHING compared with THAT.
/sarc
Some of thse 50-60 year old alcoholics that have
been drinking for some 20-30+ years, regularly go for 6-12
hours at a time without a drink. A fact of life. For these still functioning alcoholics its sometimes required just to function for that days activities. Still they seem inebrieted and its just plain difficult for a cop to tell othewise, all the signs of long term brain abuse/stupidity and clumsiness(failure to touch nose or stretch arms without falling) are just as present as if they had a current count of 4-5 or more drinkiepoos in their system.
My guess is that this man is exactly what I described.
Didn’t some guy recently sue and win a ton of money recently in an incident like this one?
Yep, for the “wet brained” or nearly so, a single beer can make the drunk for hours. Their bodies have gotten to the point where they can no longer metabolize alcohol, so it stays in their systems for hours.
All my drinkin is at home or letting my teetotal Wife drive.
I wish they’d do away with all DWI laws.
Every last one of them.
Except: If you cause a DWI injury, you will go to prison for the rest of your life. A fatality and you get the needle.
I hope he gets a million buck...and the cop and judge lose their jobs.
I believe that testing for actual amounts or concentrations of anything in urine is problematic.
It is fine to establish presence or absence of drugs but not to determine dosage.
The cop would have done better without the breathalyzer and just sworn that Lockard was stumbling around..... Diabetics have the same indications of drunkeness. I know. I arrested 10 at least that smelled like alcohol, they wrecked a car (or truck), couldn’t speak coherently to me and I took them straight to the hospital, or called 911 when I determined the Breathalyzer could not nail them. This punk cop was NOT protecting, serving or doing anything but upping up his arrest record.
When will the hit DVD “Dumbass LEOs Gone Wild III” be available on Netflix?
Glad he suing the “doctor” who cooperated with this torture, too. Make these sick freaks afraid to torture citizens upon the demand of the police. Warrant or no warrant doctors are not to use their medicine for such frivolous and oppressive police action.
The guy should have demanded a blood test....I would if I was not drunk, but to cath someone against their will is a big no no...as a nurse I would refuse and any doctor that wrote the order should be brought up on assault charges..along with the cop..
Your guess seems to infer that you are a psychic....boo hiss...
Forced catheterization? I’d sure remember that cop’s name, as well as the medical staffer who inserted it, and I’ll leave it there.
I speak because my father was one of these unsafe, at any alcohol concentration,alcoholic drivers. He was arrested , had alcohol on his breath(claimed),failed at least the coordination tests and taken to the hokey where he passed his more stringent alcohol tests. Dont know anymore facts than that other than he was personally lucky that day and was dry for 6+ hours or more after arising in the morn, a bit unusual and was in his 50’s. Still he was quite capable of running over a dead body lying in the street or worse and not noticing.He ruined alot of cars. All of this was in the 80’s.
A blood draw is one thing but forced catheterization? Lots of possible complications there, infection, punctured bladder and others. This is beyond the pale.
Addendum: and the arresting officer was personally befuddled.
But hopefully this adds some detail to possibilities.
“If you’re lucky the cop will be right there also to maintain the chain of evidence. “
They would then charge him with “Assault With Deadly Bodily Fluids”, after they tazered him comatose.
LOL. I've already decided that if I'm ever asked to provide a "sample" at work, I'll just drop them and provide it right there.
Brian Miller needs to have his badge taken, and be given a job as a custodian somewhere. This is pretty bad stuff.
Personally I am opposed to MADD.
I figure there mission was accomplished some 15-20 years ago.
Now it seems they are trying to continually lower the bar on
‘offensive behavior’ in the alcohol/driving realm, much like on what is termed ‘racism’ nowadays also.
Make sure you read all my previous posts on this thread
before you jump on me!
Not many years ago, a forced blood draw would have been beyond the pale. I’d imagine the sky is the limit “for the public good”.
Every last one of them.
Except: If you cause a DWI injury, you will go to prison for the rest of your life. A fatality and you get the needle.
Amen. You'll find lots of nanny-staters here who will disagree though. One thing FR has in abundance, is neo-prohibitionists.
Agreed, back long ago, we were only allowed to forceabley take blood was in the case of DUI vehicular homicide. Judge that signed this warrant needs to be replaced!
Whether the PD gets sued or not, if the hospital and staff get sued enough times for their complicity, I would say that procedure would come to a screeching halt.
The Carry Nation brigade of freepers and their mooslim brothers will celebrate knowing that American law enforcement will stop at nothing to punish anyone who drinks a drop of alcohol. A lovely, very responsible young lady I worked with was put in leg irons and orange jumpsuit down in Lawrenceburg and unjustly convicted of a dui. It happens every minute somewhere in Amerika.
There is NO way to correlate presence of alchol in urine with blood alcohol levels.
The reason breath tests work is the extremely large surface interface of the lungs, the relative stability and predictability of core temperatures and the measurability of the sample volume. The level is in fact the direct result of the level in the blood in the lungs.
Ethanol in the blood stream is filtered though the liver and kidneys and untimately concentrated in the bladder. At best it is an indicator of some level of prior ingestion
I stand corrected on that, but the fact remains that, contrary to your implication, I did not embrace the use of urine to determine the level of intoxication.
We need to get our rights back. We shouldn't believe in personal liberties when it suits us. We believe in them no matter the circumstance.
Huh? The Patriot Act has nothing to do with this case. Nothing at all.
What you say rings true. I don't know why they'd bother with a urine sample for alcohol. I would guess the urine test was for something else... looking for drug use other than alcohol.
Actually, it does. Homeland Security went nuts with money after the 911 attack to retrain police officers to handle any kind of war like terror situation and equipped them with military equipment, too.
In addition, all this police military training was to be used for Islamic terrorists but remember, the Bush’s Administration agreed with race baiting Democrats that “anyone could be a terrorist.” It was “racist” (racial profiling) to only look for Islamic terroists. Remember the Grandma from Iowa had to be searched the same as the young Muslim from Iran.
As a result, DHS police training “progressed” to teach police officers to see all Americans as potential terrorists. They totally changed the relationship of police officers with free citizens with constitutional rights and dignity. The meat heads in law enforcement are tasing the eldery, pregnant, and minor children because they have received agressive and degrading training targeting all Americans in the same way a military force trains to deal with an occupation surrounded by potential enemies.
Remember, the latest group of terrorists targeted by DHS is us. That warning about conservatives was sent to every police organization across the country. We raised heck about it because we did not want to be treated by law enforcement as the enemy in their domestic war against terrorism.
So, please. Don’t tell me that nothing has changed in police aggression and militarization since the Patriot Act flooded the country with terrorist police training and equipment to be used on lurking terrorists - US citizens.
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