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Dead Constitution
See other Dead Constitution Articles

Title: Woman Sues Border Patrol Agents for Outrageous Six-Hour Search
Source: CNS
URL Source: http://www.courthousenews.com/2013/12/20/63947.htm
Published: Dec 20, 2013
Author: CAMERON LANGFORD
Post Date: 2013-12-20 20:44:59 by X-15
Keywords: None
Views: 456
Comments: 4

EL PASO, Texas (CN) - A U.S. citizen's vagina and anus were left raw from a warrantless six-hour search by Customs and Border Protection agents and doctors, who looked into her with a speculum, then billed her $5,000 for the exam, the woman claims in court.

Jane Doe sued four Border Patrol agents, El Paso County Hospital District, its board of directors, the University Medical Center of El Paso and two of its doctors, in Federal Court.

"Jane Doe is a petite 54-year-old United States citizen. She resides with her husband in Lovington, New Mexico," the complaint states.

As she returned from Mexico via El Paso's Cordova Bridge on Dec. 8, 2012, a "drug sniffing dog jumped on her," Doe says in the lawsuit.

Two Border Patrol agents took her to a private room, she says, where they examined her anus and vagina with a flashlight.

"Doe was understandably humiliated and she began crying," she says in the complaint.

The agents did not find any drugs or contraband inside her, Doe says, but they took her in handcuffs to the University Medical Center of El Paso for more examination.

She claims that the agents, with two doctors, then subjected her to six hours of demeaning searches "without obtaining consent."

They gave her a laxative and watched her bowel movement, she says.

They handcuffed her to a hospital bed, and ordered an X-ray of her stomach.

The agents watched as a doctor forced a speculum up her vagina to see her insides, stuck his fingers up her vagina while pressing on her abdomen, and put his fingers in her rectum, she says.

"Doe was shocked and humiliated by these exceedingly intrusive searches. That an audience of CPB agents and medical staff observed her being probed compounded her feeling of degradation," the complaint states.

Not finding any drugs, they decided she needed a CT scan, Doe says.

The complaint states: "After the CT scan, a CBP agent presented Ms. Doe with a choice: she could either sign a medical consent form, despite the fact that she had not consented, in which case CBP would pay for the cost of the searches; or if she refused to sign the consent form, she would be billed for the cost of the searches. She refused."

Doe claims that since the ordeal she can no longer be intimate with her husband and "stays at home whenever possible" because she feels that people are staring at her in public.

Adding to her outrage, Doe says, is that the hospital billed her more than $5,000 for the cost of the exams.

She seeks punitive damages for civil rights violations.

She is represented by attorneys with the ACLU in Houston and New Mexico.

A CBP spokesman declined to comment.

Defendants include The El Paso County Hospital District; its board of directors; the University Medical Center of El Paso; Drs. Michael Parsa and Christopher Cabanillas; two unknown CBP agents, and CBP Agents Portilla and Herrera, whose first names are not mentioned in the complaint

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#1. To: X-15 (#0)

These agents are completely out of control. ;)

"When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke

BTP Holdings  posted on  2013-12-20   20:54:43 ET  Reply   Trace   Private Reply  


#2. To: X-15 (#0)

If she settles (for s hefty and tempting sum) then the case law will not result, case law which is needed to put a stop to such needless trauma. (TASERs are still killing people because the companies pay exorbitant sums to settle and to silence plaintiffs/surviving family members with non disclosure terms. And even large settlements are the cost of doing business in a profitable growth industry.)

I won't fault her for delaying satisfaction, possibly for years in order to force a judge, (and appellate and SCOTUS Justices) to rule against this obscene violation of her body, spirit and rights. But, it would sure be great if she would.

The collection of evidence is based on the principle of "fruits of the poison tree." If their cursory search turned up a single marijuana seed in her thong then they could lawfully take the next step. But in the absence of any evidence at several progressive steps each more invasive than the last produced nothing, then had evidence been discovered while fishing in her stomach for instance it would have been unlawful, at least in the past. Drug dogs (actually currency dogs which cops actually prefer because they often share in the spoils) cannot sniff out our stomach contents.

She was courageous to refuse consent, and she should have told the doctors that "sooner or later you'll have to release me and when you do I going to sue you!"

Her clothing could have retained the smell of reefa or cash from proximity to her Mac daddy or kids' smoking in her pad. Or, SHE MAY HAVE SMUGGLED drugs or loot INTO MEXICO. Either way the fruits of the poison tree (tainting any illegally obtained evidence) should have stopped the search cold after the first progressive step turned up nothing, either when she disrobed but certainly when a flashlight probing revealed nothing illegal. Those ignorant cops probably believe that if they found drugs sewn into her liver then the bust would stick! "Yeah, he's a hell of an innards sniffin' DAWG, Your Honor!"

On the other side of the coin, the more oppressive drug warriors become the more likely that history will repeat. Prohibition ended when jurors grew tired of liquor agents' bullets whizzing by their heads during car chases and gun battles from auto running boards down Main St. in broad daylight. It became impossible to empanel a jury who didn't have someone on it with a relative who took an occasional nip for "his or her rheumatiz". And jurors sickened of zealous prosecutors labeling all who were caught and charged with a pint as members of organized crime. Folks will some day realize that drugs are bad but trigger happy drug warriors are worse.

"You're of no value to the revolution if you haven't the brains to avoid the third rail of street survival, stupid, fatalistic machismo when confronted by the police."__Puppy Q. Schwartzberg

HOUNDDAWG  posted on  2013-12-20   21:50:41 ET  Reply   Trace   Private Reply  


#3. To: HOUNDDAWG (#2)

Folks will some day realize that drugs are bad but trigger happy drug warriors are worse.

Amen. And soon I hope.

I don't do drugs and I do not reccomend or condone their use, BUT it is an individual choice/failing in a FREE country. There are more effective solutions - such as real drug education about the nasty life shortening side effects of Pharmaceuticals Drugs.

"“Believe nothing merely because you have been told it. Do not believe what your teacher tells you merely out of respect for the teacher. But whatsoever, after due examination and analysis, you find to be kind, conducive to the good, the benefit, the welfare of all beings - that doctrine believe and cling to, and take it as your guide.” ~ Gautama Siddhartha — The Buddha

Any sufficiently advanced evil is indistinguishable from stupidity. ~ Unk (Paraphrase of Clarke's 3rd Law: "Any sufficiently advanced technology is indistinguishable from magic.")

Original_Intent  posted on  2013-12-20   22:24:12 ET  Reply   Trace   Private Reply  


#4. To: X-15 (#0)

I hope she's a regular ordinary person, in which case her lawsuit might do some good - i.e. focus on the abuses on civil rights by Big Brother.

But there's a part of me that doubts the "greater good goodness" of this woman's claim.

Identity of victim stated as Jane Doe. Why?

I wouldn't be at all surprised if Jane Doe has a "usual suspects" name... in other words a pre-planned shakedown.

Or Jane Doe has a "rain in Spain" last name and therefore this is all about "profiling" and why shamnesty is so important.

Something doesn't ring true about this story.

scrapper2  posted on  2013-12-21   2:27:06 ET  Reply   Trace   Private Reply  


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