Forced Catheterization for DUI

[Mom]

http://www.kcra.com/nationalnews/20703731/detail.html

Forced Catheterization Used In DUI Case

Suit Claims Police, Hospital Acted Improperly




LAWRENCEBURG, Ind. -- An Indiana man has filed a lawsuit claiming that police forcibly withdrew blood and urine from his body during a drunken driving arrest, WLWT-TV reported.According to the suit, police arrested Jamie Lockard, 53, on suspicion of drunken driving in March.A Breathalyzer test showed he was under the legal limit, but Officer Brian Miller doubted the findings.Lockard and his attorney claim in the suit that police took him to Dearborn County Hospital and forced him to submit to a urine and blood test.Police said they obtained a warrant, but Lockard's attorney said his client was shackled to a gurney and had a catheter inserted against his will."It has to be executed reasonably," said attorney Doug Garner. "No one would say this is reasonable behavior. It's reprehensible that anyone could think that this is appropriate."

The blood test showed that Lockard's blood-alcohol level did not exceed Indiana's legal limit, police said.Garner said the police officer did not apologize, but instead charged Lockard with obstruction of justice."He took it too far. He thought he could do whatever to me," Lockard said.The suit names the Lawrenceburg police department and Dearborn County Hospital, in addition to Miller and Dr. Ronald Cheek."I would hate for this to happen to someone else," Lockard said. "It was the most humiliating thing that has ever happened to me, ever."

[bcjack]

Wow!!!!!!!! I bet there was some history between the Officer and the suspect...:think:

[CivvieInNY]

I'm willing to believe the "3 sides to every story" routine on this one.

Something doesn't add up. The P.O. didn't believe the Intoxilyzer results, went to a judge and obtained a warrant, presumably stating his reasonable cause to believe, which the judge did, indeed believe.

Clearly there was a reason a judge signed off on a forced catheterization based on the P.O.'s sworn statement. And it turns out he was incorrect. It happens. Has any Chippy stopped someone who they thought were way over the limit, only to find out they were having some sort of medical problem, like a diabetic.

I just think there's a whole lot more to this story and I doubt the P.O. decided to charge him with obstruction AFTER the lab results came in. The perp probably refused to cooperate with the FSTs from the start, didn't blow enough into the device where the P.O. was comfortable it would've been accurate and went from there.

I have no doubt that the perp escalated this situation, not the P.O.

[G-Man]

Has any Chippy stopped someone who they thought were way over the limit, only to find out they were having some sort of medical problem, like a diabetic.


I have... once, but I have also balanced out a lot of people who appeared way over the limit on alcohol, but were on a meds (and had some alchy, but not enough to put them anywhere close to .08, so there was odor), those (the meds) don't show up in the breath test. Perhaps, without too much speculation, that Agency doesn't use DREs, so this is just what they have to do when they suspect drug use... (again, I am not familiar with this story, so this is just mere speculation, this post contains no fact, nor should it be interpreted as fact.)

[CHPdreamer2009]

Similar topic...thoughts on when this might hit CA? I know I wouldn't want to be sticking anyone....

http://www.google.com/hostednews/ap/article/ALeqM5jA8G8rKqvhHut_JXHckvi-SemJogD9AMH40O1

[cjincognito]

I've been saying we should do that for years (the blood draw, not the cath). I hope it happens. I would want the SOP saying the suspect has to be strapped down before getting out the needle though.

[CHPdreamer2009]

Absolutely...although, even if it wasn't part of the SOP, I'm sure it wouldn't be hard to justify physically restraining someone when trying to take blood, especially when they are tossed. Last thing they want is to lose an officer for x amount of time to get checked out, let alone if one contracts something. Yikes....:doh:

[AaeJae]

There have been plenty of times that based on a persons impairment or behaivor, I thought they were over the legal limit and that was without FST's because they were flat out refusing them. When a breath machine shows lower than normal, get the blood test. You'll be surprised how many pill poppers there are in America.

I on the other hand did not get the blood test. Rookie mistake. And I paid for it dearly with a long complaint process. This Officer did what I SHOULD have done.

And his attorney just wants money. They will say ANYTHING to hype a case up. Believe me.