DUI Suspect Forced to Have Penis Catheterized

Posted by Lawrence Taylor on June 7th, 2012

Just when you thought MADD’s "War on Drunk Driving" had reached the limits of sanity…. 

Man Sues Police Over ‘Forced Catheterization"

Salt Lake City, UT.  May 24 - A 22-year-old college student has filed an $11 million federal lawsuit against police in central Utah, claiming they forced a catheter in him after he refused to consent to a search for marijuana…

“I don’t think it’s right what they did,” Cook told FOX 13 on Thursday. “I’m pretty sure they’re doing it to other people. They made me feel like an animal.”

The former Snow College student said he was smoking cigarettes with friends back in 2008 when police approached their car, parked on a roadside in Ephraim. His lawsuit, filed in February in U.S. District Court, claims police searched the young men and their vehicle. The police claimed they could smell marijuana, but could not find any during a search, Cook claims.

After a K-9 still could not find marijuana, an officer popped the trunk and found a glass pipe inside. Cook claims the officers then asked him to drive his friend’s car to the police station.

“If somebody’s under the influence of marijuana, the last thing you want to do is put them in a car and drive,” said Cook’s attorney, Lindsay Jarvis. “That goes against every statute the state has, and so that’s where it gets a little frustrating and it gets out of control from there.”

Cook said he believed that after driving his friend’s car to the police station, he thought he would be free to go. Instead, he was put in a holding cell and officers demanded he take a drug test.

“I asked for an attorney because I didn’t know if this was right what they were doing,” he said. “Once I did that, they said ‘We’re getting a search warrant so we’re going to have your urine by the end of the night.’ “

Police obtained the warrant, his lawsuit claims, and they drove him to Sanpete Valley Hospital. After being told that a catheter would be inserted into his body to obtain urine, Cook said he said he would consent to giving a sample but became “nervous” and could not urinate.

“The nurse told (an officer) to hold my shoulders, so he held my shoulders and then the nurse undid my pants, wiped me down with iodine and put the tube in me,” Cook told FOX 13. “And then they took me to jail.”

Cook was arrested for marijuana possession and resisting arrest. Jarvis said the resisting arrest charge was for refusing to give a urine sample. She accused police of “bullying” people with forced catheterization.

“This is being used as a punishment to try and get them to comply,” she said. “Rather than employ a simple blood test, they’re forcibly catheterizing these people.”

Forced catheterization is a relatively new issue in the courts. A similar lawsuit was filed by a woman in 2008 against police in neighboring Sevier County. It was dismissed after a federal judge ruled the officers acted without malice and their intent was to “bring her to justice” for the charges she was facing at the time…

“I want them to be accountable for what they did,” Cook said.

If you think this incident in 2008 is an isolated one, you may be surprised to discover that forced catheterization for urine samples is a growing DUI law enforcement technique.  See, for example,  Catheter Forced Up Penis After DUI Arrest (Washington) and DUI Cops Inspired by CIA? (Indiana).  Forced draws of blood with syringes have already become a staple in the "War" – including draws with syringes used by the cops themselves:  Taking Blood by Force, Forced Blood Draws by Cops Spreading and Blood Draws in the Backseat by the Dashboard Light.     

  • H

    This person was clearly assaulted by the police, without a doubt. If the “Pipe” was found in the trunk and no access was available from the car to the trunk, this was an assault with intent to harm. Even if the vehicle smelled like cannabis, someone on the street could have been smoking it while he drove by. This victim should get everything he is asking for in Court, everything.

    Not only is this an assault of physical proportions, but a “Sexual Assault” as well. So the Attorney handling this should seek “Attempted Rape Charge” and see it through.

    Compassion is needed in states like Utah, and I pray for all going through anything regarding cannabis.

    Good to you. To the Judges, please have a little compassion, this person was raped over a simple smell, come on, this is not being “American”.

  • H

    I meant to say at the end of the comment…

    “Good Luck to you.” Take care

  • DUI-The Constitution Need Not Apply

    Incredible. So, the police claimed they could smell marijuana. Was it a new marijuana smell, or a burnt marijuana smell? They could find none in a likely legally questionable search. Nor could the K-9.
    Cook should have driven home after police put him behind the wheel and asked him to drive to the LEC. For being compliant, Cook received a penile assault, courtesy of the peace officers.
    It is asinine that police would prefer to implement such degrading and unconstitutional procedures when other means are readily available to ascertain drug levels in the human body. A blood or hair test can accurately reflect amounts of ingested drugs for investigative purposes. There must be another reason for police to pursue this manner of intrusive violation of personal liberty. It’s’ a way of saying, “Submit, damnit! Or we will force our will upon you.” Subjugation.
    If this is how we treat citizens in an ordinary traffic stop….we are doomed. YOU have ZERO rights. Welcome to the world.

  • Manny Daskal

    the irony is that urine is not really an acceptable source for marijuana testing according to the Society of Forensic Toxicology Guidelines.

  • DMS

    I am so glad I don’t live in America anymore… it seems that things have really gone out of control in the past decade. So much for ‘freedom’ – the founding fathers must be spinning in their graves!

  • Ethan Solomon

    I would kill anyone that did this to me, and their families too.

  • Michael Steane

    The police involved should be put on the sex offenders list.

  • Jay

    Ethan, i agree, cops do that to me, i’ll hunt them down and kill them and whoever is with them.

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