A Stiff Punishment For Drunk Driving

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5 Responses

  1. Cloudesley Shovell says:

    Assuming the Lockard facts are correct, then Sullivan v. Bornemann is easily distiguishable on its facts. In Sullivan, the ER doctor, on his own, for medical reasons, not requested by the police, ordered the catheterization (the doctor was not a party to that case–should have been). That's an entirely different case than one where a magistrate orders a catheterization pursuant to a warrant after the guy passed a breathalyzer.

    Incidentally, if the cop doubted the "not drunk" breathalyzer results, he has now set himself up for a lifetime of cross-examination in cases where he does not doubt "drunk" breathalyzer results. Smooth move there, Officer Miller. Have fun coming up with an answer why you doubt exculpatory results but trust inculpatory results.

  2. Ken says:


    To use our friend TJIC's terminology, rope.

  3. mojo says:

    Judge in North Dakota once issued a search warrant to have a man's stomach pumped looking for a marijuana roach he had allegedly swallowed.

  4. Mike says:

    A non-consensual touching of genitalia is, as you note, sexual assault. Therefore, I would sue all involved not only under 1983, but common law. I'd plead it as sexual assault. I then would issue a very Googleable press release saying, "[Insert names of doctor, hospital, and police officers] sued for sexual assault."

  1. September 7, 2009

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