Oak Ridge case tests rules on body searches
Felix Booker was lying naked on a gurney with a tube protruding from his mouth, medically paralyzed and unable to breathe on his own, as a
white-coated stranger probed the most intimate region of his body.
The Oak Ridge man was being searched in what has become a case that is testing the boundaries of how far police can go in the hunt for hidden
Back in 2010, police found what they thought were trace amounts of drugs during a traffic stop.
Unsatisfied with a standard pat down, police wanted to perform a cavity search on Felix Booker.
Unwilling to allow such an invasive search, police took the suspect to the Emergency Room, where Dr. Michael LaPaglia paralyzed
For 8 minutes, Felix Booker was not able to do anything, not even breathe on his own...
Three years later, the Sixth Circuit Court of Appeals found that this "search" violated Felix's 4th Amendment rights and
overturned his conviction
So the State went too far when they paralyzed a man in order to conduct a search... you think???
War on drugs + Global War of Terror = RIP 4th Amendment.
As the militarized police state continues to grow in the US, its nice when we win one.
Thankfully, his attorney Robert L Jolley, did not give up. How many lawyers would have been willing to challenge this ruling as far as they did? I
doubt the defendant had the money required to cover the lawyer's fees.
Had Mr. Jolley NOT pursued this case, the conviction would have stood setting a legal precedent.
And what kind of sick and twisted "doctor" does this?
I had to look this guy up: Dr. Michael A. Lapaglia Jr, MD
. Didnt find much
but this is one scary dude.
The Stasi would have been proud. I would imagine that our government was quite pleased as well.
edit on 27-8-2013 by gladtobehere because: (no reason given)