Court spectator sues judge for drug-testing him 'on a hunch'

Court spectator sues judge for drug-testing him 'on a hunch'

rawstory.com

A Tennessee judge who ordered a court spectator to submit to a drug test based "on a hunch" is being sued for infringing on the spectator's constitutional rights.

Benjamin Marchant's lawsuit (PDF) against Dickson County Judge Durwood Moore says Marchant was a spectator in the court in January of 2009, waiting to give a friend a ride home, when Moore ordered sheriff's deputies to administer a urinalysis on Marchant on nothing more than a "hunch."

Marchant says he was released when the drug test came back negative.

(visit the link for the full news article)

Score one for the good guys !

Lets hope that this is not the last we hear of citizens standing up for there rights when they feel that there rights have been infringed upon .

I have to wonder just how often this type of thing happens and the story never gets covered , I would say more often then not .





rawstory.com
(visit the link for the full news article)

Wow, on a hunch? I'm a rather large man, heavily tattooed and pierced with long hair. I bet on a hunch he'd have me tested too, and I've been clean and sober for 11 years.........good on him for sueing.

reply to post by Max_TO


Star and flag for making me laugh, lol what is the world coming to

Judges going crazy in their courtroom is really nothing new. They seem to use the contempt blanket often, which seems to have a broad subjective definition, along the lines of whatever is bothering the judge at any given moment is subject to being ruled as contempt. I think judges believe that the Constitution/Bill of Rights, etc are suspended when entering their courtrooms.

Just my observation...

The Constitution/Bill of Rights are largely suspended in the courtroom, because the courts generally operate under Admirality law.

Judges are some of the most arrogant self-righteous people on the planet. Can’t say this shocks me they think they can do anything they want in their courtroom.

Good for him to turn around and sue him for such an obvious breach of his rights.

reply to post by Max_TO

Jeeez, what is it with Judges named Moore that violate the law?
This clown probably will be removed from the bench. Fellow Judges usually take a pretty dim view of one of their own flagrantly violating the law in the courtroom.

What you guys don't understand is that this willy nilly drug testing they do down there on you Americans is considered a violation of rights in more civilized places like your neighbour here to the north.

Its because you have allowed them to pass such intrusive testing laws to start with that they now are abusing them and going to the ridiculous extremes that they are - such as this judge has done.

I give major Kudos to the fellow suing him.
Next you need to get all those crazy laws repealed. -- Good luck though. I know that would be nigh impossible now that they are on the books.

Oops, posted in the wrong thread.


[edit on 7-1-2010 by Grumble]

I say test the judge and the deputies, they must be on drugs to do such a thing.

reply to post by diatribe


Good point !
Second line

Who cares if you test positive or not. The fact is the judge doesn't have a constitutional right to even request it.

Not being from Tennessee (or the USA for that matter), what would have happened to the man if he had tested positive for drug use of some kind?

There is no law against having drugs in your urine. Why would a judge do this? Does he not know the law? What would he have done if the guy had tested positive, gave him a lecture?

Actually sounds like profiling depending in wish bases the "hunch" was taken by the judge.

This is a good case that can end with very good results for the offended party.

even though i was base police for the navy, i am disgusted at how far the cops and judges have gone. this in my mind dove tails with the actions approved by the supreme court a few years back that if a cop wants to search you, your car, or anything else, all they have to do is say that i smelled pot. there is your probable cause.

reply to post by blackthorne


How right you are and now thanks to terrorism there will be even more instances in which personal freedoms are infringed upon by various L.E based on there discretion and not a persons rights as per the national constitution .

Between drugs and terror joe public has a tough time on there hands Lets hope more people who find them selves effected by such people in power will stand up for there rights as well .

[edit on 7-1-2010 by Max_TO]