Comments on: A Stiff Punishment For Drunk Driving http://www.popehat.com/2009/09/03/a-stiff-punishment-for-drunk-driving/ A Group Complaint about Law, Liberty, and Leisure Thu, 09 Feb 2012 22:39:39 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: The Agitator » Blog Archive » Lawsuit Claims Forced Catheterization After DWI Stop http://www.popehat.com/2009/09/03/a-stiff-punishment-for-drunk-driving/comment-page-1/#comment-42485 The Agitator » Blog Archive » Lawsuit Claims Forced Catheterization After DWI Stop Mon, 07 Sep 2009 15:26:03 +0000 http://www.popehat.com/?p=5896#comment-42485 [...] (Via Popehat) Digg it |  reddit |  del.icio.us |  Fark [...] [...] (Via Popehat) Digg it |  reddit |  del.icio.us |  Fark [...]

]]> By: Mike http://www.popehat.com/2009/09/03/a-stiff-punishment-for-drunk-driving/comment-page-1/#comment-41878 Mike Thu, 03 Sep 2009 22:07:52 +0000 http://www.popehat.com/?p=5896#comment-41878 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." 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."

]]> By: mojo http://www.popehat.com/2009/09/03/a-stiff-punishment-for-drunk-driving/comment-page-1/#comment-41818 mojo Thu, 03 Sep 2009 18:08:55 +0000 http://www.popehat.com/?p=5896#comment-41818 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. 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.

]]> By: Ken http://www.popehat.com/2009/09/03/a-stiff-punishment-for-drunk-driving/comment-page-1/#comment-41792 Ken Thu, 03 Sep 2009 16:31:07 +0000 http://www.popehat.com/?p=5896#comment-41792 Wow. To use our friend TJIC's terminology, <i>rope.</i> Wow.

To use our friend TJIC's terminology, rope.

]]> By: Cloudesley Shovell http://www.popehat.com/2009/09/03/a-stiff-punishment-for-drunk-driving/comment-page-1/#comment-41788 Cloudesley Shovell Thu, 03 Sep 2009 16:24:05 +0000 http://www.popehat.com/?p=5896#comment-41788 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. 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.

]]>