Invasion of the body searchers

By John W. Whitehead 

If you want a recipe for disaster, take police officers hyped up on their own authority and the power of the badge, throw in a few court rulings suggesting that security takes precedence over individual rights, set it against a backdrop of endless wars and militarized law enforcement, and then add to the mix a populace distracted by entertainment, out of touch with the workings of their government, and more inclined to let a few sorry souls suffer injustice than to challenge the status quo.

The resulting concoction, I can promise you, will be a messy, noxious stew unfit for consumption, miserable to digest and with after-effects that will leave you reeling and clutching your stomach in dismay. Such is the nature of life in the emerging police state that is America today, where roadside police stops have devolved into government-sanctioned exercises in humiliation and degradation with a complete disregard for privacy and human dignity.

Consider, for example, what happened to 38-year-old Angel Dobbs and her 24-year-old niece, Ashley, who were pulled over by a Texas state trooper on July 13, 2012, allegedly for flicking cigarette butts out of the car window. First, the trooper berated the women for littering on the highway. Then, insisting that he smelled marijuana, he proceeded to interrogate them and search the car. 

Despite the fact that both women denied smoking or possessing any marijuana, the police officer then called in a female trooper, who carried out a roadside cavity search, sticking her fingers into the older woman’s anus and vagina, then performing the same procedure on the younger woman, wearing the same pair of gloves. No marijuana was found.

And then there’s the increasingly popular practice of doing blood draws at DUI checkpoints, where drivers who refuse a breathalyzer test find themselves subjected to forcible blood extractions to test for alcohol levels. Police in Tangipahoa Parish, La., actually had a registered nurse and an assistant district attorney on hand “to help streamline the ‘blood draw’ warrants and collect blood samples from suspected impaired drivers” at one exercise in holiday drunk driving enforcement. A similar case, Missouri v. McNeely, which deals with a driver who failed a sobriety test, then refused a breathalyzer test and was subjected to a warrantless blood draw, is currently before the U.S. Supreme Court.

It must be remembered that the Fourth Amendment to the U.S. Constitution was intended to protect the citizenry from being subjected to “unreasonable searches and seizures” by government agents. While the literal purpose of the amendment is to protect our property and our bodies from unwarranted government intrusion, the moral intention behind it is to protect our human dignity. 

Unfortunately, the rights supposedly guaranteed by the Fourth Amendment have been steadily eroded over the past few decades. Court rulings justifying invasive strip searches as well as Americans’ continued deference to the dictates of achieving total security have left us literally stranded on the side of the road, grasping for dignity.

Editor’s note: John Whitehead is a Constitutional attorney and author who is president of The Rutherford Institute in Charlottesville, Va.