When can police conduct a body cavity search?
Routine Traffic Stop Turns into Nightmare Cavity Search for Drugs
Earlier this year, a New Mexico man was subjected to a 14 hour anal body cavity search for drugs after allegedly running a stop sign. No drugs were found and now David Eckert is suing police officers and the doctors who conducted the horrendous search. What happened to David Eckert is highly unusual, but this case is just one of the millions of police interventions each year in which citizens have their homes, cars and bodies searched, sometimes violently, all in the name of the futile war on drugs. DPA Media Relations Manager Anthony Papa spent 15 years in prison for a nonviolent drug offense and knows the trauma Eckert felt all too well.
This article is not intended as funny or amusing. This form of search happens every day somewhere in our country. Inform yourself properly.
An anal probing by the police occurs in our country, with surprising regularity, despite our constitutional right to be free of unreasonable searches.
Incredibly, there are situations in which the police are allowed to conduct a reasonable probing of your anus.
How can the police conduct an anal cavity search legally?
With a Search Warrant.
The Fourth Amendment protects Americans from unreasonable searches and seizures whether there is a warrant or not.
A search warrant is an order issued by a judge that authorizes the police to search in a particular location, in this instance, a citizen’s anus.
Once the police have provided sworn to evidence in an affidavit, which establishes their “reasonable suspicion” and “probable cause” to believe, you have evidence of a crime within your anus, the judge must consider two additional factors:
- The reasonableness of invading your body, and
- The seriousness of the alleged crime.
A body cavity search is extremely invasive and clearly violates every civilized notion of are reasonable expectation of privacy, so one would imagine that the government’s had better have a really good reason for wanting to anally violate you.
Unfortunately, often that is not the case at all.
Even with a warrant, some courts have held that search warrants authorizing anal probing are unreasonable.
Still, police may legally probe your anus, if they can establish they are doing it “in good faith.”
2. Border and Airport Searches.
Most citizens would be shocked to know that our government can enter your anus every time you enter our country.
The border search exception allows government agents to violate you this way, at our countries borders and airports without probable cause.
The U.S. Supreme Court has refused to bring “an end” to these types of violations and refused to even establish what, if any, level of suspicion would be needed to enter your anus.
3. When you are put into a jail or a prison.
Like at the border, law enforcement in jails and prisons can enter arrestees’ and inmates’ anuses.
The U.S. Supreme Court approves these anal searches, because they “are justified” by the need to prevent weapons and contraband from entering a jail or prison.
If your anus has been probed by the police, without your consent, immediately contact our office, we can help you.
Remember, the series of articles we call Legal News…, is not indented as legal advice; we merely seek to inform our clients of different situations that, at one time or another, might be faced by them or their loved ones.
If you think you have been victimized in any way by police do not hesitate to call us. We are here to help you.