The troubling thing is that the Deming PD and the hospital staff in Silver City felt the need to crawl up into this guy’s ass to look for something the k9 thought he smelled on the driver seat. At what point should they consider how wasted the guy would be if he had leaky bundles stashed way up in there? Perhaps they should have started with a pee or blood test?
I’m wondering if imposing the title “Doctor” or “Nurse” removes the ability of the anointed to read. Could no one (with one exception) read the warrant and see that it was for the wrong time and the wrong place? Were they so anxious to perform this delightful operation that they couldn’t take the time to see if it was legal? Were they so quivering with anticipation to help out the long arm (and finger) of the law that they were blind to personal rights?
Can somebody with more legal knowledge than me address the warrant issue?
I realize it was signed by a judge in one county and it was executed in a different county. But is that necessarily wrong? Or can a judge sign a warrant that’s good anywhere in the state?
I know when I used to sign warrants, they were good throughout the state. But those were arrest warrants not search warrants and I was a state employee.
I, for one, will no longer be clenching my buttocks in the presence of LE. Consequences be what they may.
This is the same highway that rock star tour buses keep getting pulled over for weed near that shit-hole town in Texas, ain’t it?
You’re gonna have to be a lot more specific than that.
By the way, was it ever defined what a “Terry stop” is?
Terry stops generally do not include anal probes.
Are you asking legally luci? A Terry stop comes from a 1968 case, terry v Ohio where the Supreme Court held that police may briefly detain a person whom they reasonably suspect is involved in criminal activity. Among other things, but that’s the pertinent part for here.
Terry Stop. Or is that what you meant?
Does the search warrant even matter to them? “A judge wants us to find out what’s up there” sounds like a pretty awful reason for a doctor to agree to perform an invasive procedure. And evidently the first doctor felt that way, which is why it was all done outside of the county and after the warrant expired.
There is? Where? My map does not seem to show one. The only other Deming I see is a CDP where the Nooksack Tribal offices are in Whatcom County WA.
What, this sort of forced and humiliating intrusion into someone’s body by the state is wrong and open to abuse of power by people who simply want to harass? What?
Gawrsh, it seemed like it was so fair when we did it to rape victims who wanted abortions.
This just seems like a horrendous thing to do to a person, you know, because a *guy *is involved. Who wasn’t a rape victim until the forced anal probing by the state.
Gee, do you really want your government mandating fingers and objects inserted into your nether regions?
I don’t.
IANADoctor, but if I was asked to perform such a procedure against the recipient’s will, I’d want to cover my ass (pun intended) by being as sure as possible that everything was above board and out in the open (also pun intended, but I’m dead serious).
Who are you even talking to?
I keep reading the OP title as “prepare for your annual probing” and it makes me clench my buttocks. Guess I’m in trouble.
The more I think about it, the more I think there has to be more to this story. I just can’t believe that a hospital would let this happen. If I tried to do a procedure like this on a mentally competent patient who was vocally protesting and not giving consent, I’d have the hospital’s legal team so far up my ass that I’d need a scope myself just to get them out.
It’s all possible, I suppose, but I’d really like to hear the hospital’s side of things.
According to the defendant’s lawyer:
“Kennedy filed a motion for summary judgment Oct. 24, asking the court to rule on the facts of the case, which she says are not disputed. She says defendants responded by expressing interest in resolving the case outside of court.”
I guess that could just be lawyer speak.
The *defendants *want to stay out of court, sure. Good luck with that.
I would, too, but I have a hard time imagining how a different point of view would change much. Maybe they probed him only twice instead of thrice? Only stuck a scope a foot up his cathedral, not two feet? Yeah, that makes all the difference.