Thursday, July 7, 2016

Are forced urine samples unconstitutional? South Dakota case illuminates the issue

A lawyer who is arguing his client’s Fourth Amendment rights were violated by a forced urine sample is shining a light on the practice by police in South Dakota.

The lawyer for Dirk Landon Sparks is asking a judge to toss the test results used to charge his client with felony drug ingestion, the Argus Leader reports.

The lawyer, Jeremy Lund, argues in a May 16 motion filed in Hughes County that the judge who signed a search warrant for a blood or urine sample didn’t authorize Sparks to be strapped to a hospital bed and a catheter to be forced into his penis.

Article here (via aba journal). 

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