Balko: Forced Catheterizations, The Drug War, & You

In the eyes of government workers, you are cattle.

Subject to whatever barbaric shytte they call “law”.

From another perspective, what rational system would say that catheterization, even under court order, is a justifiable evidence collection procedure?

20 responses to “Balko: Forced Catheterizations, The Drug War, & You

  1. WaPo horseshit, pure and simple.
    Coupled with Gell-Man Amnesia Effect, explained in “Why Speculate” by no less a lecturer than the late Michael Crichton:

    Media carries with it a credibility that is totally undeserved. You have all experienced this, in what I call the Murray Gell-Mann Amnesia effect. (I call it by this name because I once discussed it with Murray Gell-Mann, and by dropping a famous name I imply greater importance to myself, and to the effect, than it would otherwise have.)

    Briefly stated, the Gell-Mann Amnesia effect works as follows. You open the newspaper to an article on some subject you know well. In Murray’s case, physics. In mine, show business. You read the article and see the journalist has absolutely no understanding of either the facts or the issues. Often, the article is so wrong it actually presents the story backward-reversing cause and effect. I call these the “wet streets cause rain” stories. Paper’s full of them.

    In any case, you read with exasperation or amusement the multiple errors in a story-and then turn the page to national or international affairs, and read with renewed interest as if the rest of the newspaper was somehow more accurate about far-off Palestine than it was about the story you just read. You turn the page, and forget what you know.

    That is the Gell-Mann Amnesia effect. I’d point out it does not operate in other arenas of life. In ordinary life, if somebody consistently exaggerates or lies to you, you soon discount everything they say. In court, there is the legal doctrine of falsus in uno, falsus in omnibus, which means untruthful in one part, untruthful in all.

    But when it comes to the media, we believe against evidence that it is probably worth our time to read other parts of the paper. When, in fact, it almost certainly isn’t. The only possible explanation for our behavior is amnesia.

    So a guy with a court order was foley cathed. BFD.
    That’s how court orders work, and it’s no more humiliating than getting your blood drawn. Had he simply chosen to pee in the cup voluntarily, it would have been totally unnecessary. Suspect’s choice.
    Don’t like it? Bitch to any one of 50 state legislatures, and get the law changed for DUIs.

    I can also assure you that no one was treated, CTed and Xrayed “without their consent”, anywhere, without severe legal penalty. That’s battery, and it’d cost multiple people their medical and nursing licenses, cost cops their badges or some serious time off suspended without pay, and cost any hospital so involved something in the low eight figures at civil trial. Any evidence obtained would be excluded, and likely any conviction obtained overturned as tainted fruit from a poisoned tree. WaPo knows this, but the reporter in question, probably not so bright, thus not so much.

    Without a court order – explicitly present in this case – unless you’re violent and acting batshit crazy, or give consent, I can’t so much as check your blood pressure, let alone lay hands on you. That’s true even for people undeniably not in their right mind, provided they can otherwise behave, and articulate non-consent.

    If you’re unconscious, implied consent kicks in, which is the doctrine that I can do anything ordered that a sane, rational person would want to treat their problem. Nota bene at no time does that make me, nor require me, to act as an agent of the state, to collect evidence for them. They have evidence techs for that. (Not least of which because evidence techs go to court as paid witnesses; if I get a subpoena, I’m working for free on my time endlessly, and will refuse to do any such collection on that ground alone.)

    WaPo also, surprising no one, concatenates past documentedly blatantly illegal searches, which this one wasn’t, along with legal ones, to try and make it look much worse than it is.

    This is right out of the BLM playbook, where you shill for the worst of the worst in order to pile up illusory data that a small problem is a larger one.

    The WaPo, like a broken clock, is right maybe twice a day.
    This case isn’t one of them.

    • Don’t like it? Bitch to any one of 50 state legislatures, and get the law changed for DUIs..

      Well I didn’t see where it said it was for a DUI Aesop maybe you could point out where the guy was driving…I read it was for a domestic disturbance…

      • Wow, what an astounding coincidence…that’s exactly how I read you.

      • The laws concerning DUI were where legislatures first were legally allowed to gather your bodily fluids for evidence, wherein the camel first got his nose into the tent in that respect.

        If you don’t understand that, or how legal precedent works, please, go and look it up.

        • Grey Ghost

          Agreed regarding the history of this bullshit. It was the DUI problem that sent legislatures scrambling to write laws “allowing” leviathan to forcible take bodily fluids. This forcible taking of bodily fluids was later extended to “other crimes”, as you also point out. SCOTUS should have stopped this unconstitutional conduct by the .gov long ago but didn’t.

          Regardless, ALL these State laws are in direct violation of the 5th Amendment … that is … the govt can NOT in any criminal case compel the accused to be a witness against himself and forcibly taking bodily fluids constitutes being a witness against oneself. Just because leviathan abuses it’s citizens on a regular basis and gets away with it does not make it legal or constitutional. Not that anyone GARA about legality, the BoR and constitutionality… especially not SCOTUS, state legislatures or the U.S. Congress.

          /r
          Grey Ghost

          • Great point. ‘Course had it not been for DUI to lead the way–such an obvious public good after all–it would’ve been something else. There’s always something else. That’s why the only way to stop it, ever, is to stop it.

            My comment above was misthreaded; it was to the Big A, Dreamer of Fables. Something about the Peter Principle as it applies to him, I think.

            • Right, Jim.
              Considering I just schooled any number of people, the Peter Principle has no discernable application.
              Glad to pull your string and give you a reason to chime in.
              BAWK! It’s Collectivists! Collectivists everywhere! BAWK!

            • i’m amazed the big giant A isn’t on the JCS…

              such a wasted talent- NOT.

          • GG: 100% concur….akin to post-construction failure analysis duly noting the absence of rebar/mesh/aggregate composition in a sand cement foundation.

  2. WAPO is Jeff Bezos Amazon-whore Globalist POS

    Serving Navy SEAL has been moonlighting as ‘Jay Voom’ – a porn star with 29 films to his name
    http://www.dailymail.co.uk/news/article-4412192/Decorated-Navy-SEAL-moonlighting-porn-star.html

    Decorated Navy SEAL moonlighting as a porn star
    http://www.sandiegouniontribune.com/military/sd-me-seal-porn-20170414-story.html

  3. Flashback, United 3411 edition:
    The count so far —
    * United, $2Bn in market cap has been lost in 72hrs.
    * 3 ‘security’ perps are on administrative leave.
    * Chicago’s top personal injury lawyer is now on the case.
    * Chicago aldermans are attempting to distance themselves from the Chicago Airport Board. (like Chicago can afford it anyway.)
    * Congress Transport and infrastructure committee now sniffing on the case.

    Maybe the only way to terminate The Beast is to bankrupt it. Zimbabwe-land might have an upside.

  4. Not only will they force you to undergo a strip search / cat scan / x-rays, but they’ll transport you out of their jurisdiction to a hospital and then send you the bill.

    http://www.policestateusa.com/2014/timothy-young/

    http://www.policestateusa.com/2013/innocent-man-given-anal-cavity-search-colonoscopy-after-rolling-through-a-stop-sign/

    Yeah, there was a settlement awarded, but no cops lost their job, freedom, or pensions. But the taxpayers get to take in the ass, just like the victims.

  5. This article conflates way too many things about the drug “war” and then blames other things and argues against other things that are unrelated. I’m not a huge fan of the drug war. But I’m no fan of drugs either…..people plus drugs equals way too scary for me. I read the article until the author started putting drug testing welfare recipients against tax credits for having a mortage. Receiving a $200 tax credit after paying $1000 in interest instead of having Section 8 pay all my housing is an “advantage”? I’m net 800 in the red, but I’m priviledged? Wow….I don’t think that way at all.

  6. When I was an attending surgeon at the county hospital in Houston, DEA agents brought in a Bolivian man who deplaned with a distended abdomen, doubled over and vomiting. He voluntarily consented, as they had no court order, having come straight from the airport, and he was miserable. At laparotomy, we removed 197 baggies of cocaine from his small bowel, all strung together. Not sure what I did was inhumane or illegal, as he would have died without it and I am sure the intended recipients would have gutted him like a fish and left him to die. All the people in SD had to do was wait; eventually the fellow would have had to urinate. It does illustrate how the state will exercise power, any power, to meet their ends, or avoid (in its/their mind[s]) looking foolish. The problem there was the judge who signed off on it, failing to serve as a rational check and balance. The author loses me with the welfare recipient testing, however, as his argument that taking my tax money for subsistence is someone’s right, and that a mortgage interest deduction is a transfer payment. I would happily give that up for a lower tax rate and less byzantine system. Plenty of people get drug tested at work and there seems to be no hue and cry….

  7. This is all done driven by sick sadistic badge Nazis that live for the thrill of torture and murder. This is about inflicting pain. It isn’t about any half assed pretend academic bullshit. It is, like all rape(and that’s exactly what it was), about power A three year old? I’m quite amazed that LEO’s that sick didn’t gang rape then kill her in front of the mother just to hear her scream. The police in America have become no better than ISIS, and should be treated the same way. We are slaves. The property of the state with no rights. Civil asset forfeiture. The use of evidence without warrant and the thousand other rapes great and small inflicted on us every day. Our ancestors must be ashamed. They would have been killing these assholes in piles by now.

  8. singlestack

    The drug war has caused more harm to our nation and society than the drugs ever could.
    What was done to Dirk Sparks justifies killing everyone involved.

  9. If you are not free in your very own urethra then where are you free?