An attorney has filed a motion to quash a search warrant and evidence gathered in a forced catheterization in South Dakota. According to the motion, law enforcement “strapped the defendant to a bed, and conducted a forced catheterization on the Defendant’s urine.”
The Argus Leader reports:
Dirk Landon Sparks was arrested March 14 after a report of a domestic disturbance. While in custody, officers with the Pierre Police Department observed Sparks fidgeting and his mood changing rapidly. A judge signed off on a search warrant for police to obtain blood or urine.
After Sparks refused to cooperate, police transported him to Avera St. Mary’s Hospital in Pierre, where he was strapped to a bed while a catheter was forced into his penis so that officers could obtain a urine sample.
Sparks’ urine tested positive for THC and methamphetamine. He was charged with obstruction, two counts of felony drug ingestion, and possession of marijuana and drug paraphernalia.
The motion, filed by attorney Jeremy Lund, argues that the search warrant obtained by law enforcement did not authorize forced catheterization and that the procedure violated the defendant’s 4th amendment rights against unreasonable searches and seizures. Forced catheterizations are nothing new, unfortunately, and almost all of such procedures stem from suspicion of consumption of illegal drugs.
The war on drugs has long been criticized as a war on the American people, with it’s original architects using it to target their political enemies. Since it’s inception, the war on drugs has widened to an assault on vast sectors of the US population, focusing disproportionately on both underclass whites and minorities. Street level drug enforcement has consistently pushed against 4th amendment rights and prohibition has been found to be financially backed by it’s beneficiaries, the pharmaceutical industry and law enforcement agencies themselves.