State court protects ass-crack privacy.

[Deep13]

My juvenile sense of humor found this amusing. I thought I would share it with you all. Guess what the cops found in the defendant's ass crack? CRACK cocaine, what else?! Here are the highlights.

This is from Lexis, a subscription service. I am not including any copywrit material here, but only a government document.

The STATE OF OHIO, Plaintiff, -v- FOREST, Defendant.
Case No. 07-CR-3919
STATE OF OHIO, COURT OF COMMON PLEAS, MONTGOMERY COUNTY
146 Ohio Misc. 2d 1; 2008 Ohio 1547; 884 N.E.2d 1147; 2008 Ohio Misc. LEXIS 50
February 14, 2008, Decided


February 14, 2008, Decided

FROELICH , Judge.

* * * *

<*P6> The officer had the defendant put his hands on the hood of the cruiser and otherwise "assume the position." The officer testified that in his normal pat-down, as a last step, he runs the side of his hand between the defendant's buttock's cheeks to see if there are any weapons or drugs. He said that when he did this, the defendant seemed to "tense up." The officer proceeded a second time, and again the defendant tensed up and was told to "relax." The third time the officer put his hand between the defendant's buttocks, he said he felt something. At this point, Officer Chance put on latex gloves, Officer Velez pulled the defendant's pants and underwear away from his body, and Officer Chance used a flashlight and allegedly observed a plastic baggie, which <**3> was retrieved and contained the crack cocaine that is that subject of this motion to suppress.

* * * *

<*P12> The Montgomery County Court of Appeals "has reviewed numerous cases wherein crack cocaine was located in a search that probed the area between a suspect's buttocks. The nagging question, which has yet to be answered, is how weapons might reasonably be suspected to be there. ****

<*P13> While it may be common that crack cocaine would be kept in such a location, there is no evidence <**6> before the court that would tend to establish that a search of the area was necessary to discover a hidden weapon or to protect the officers. The officer testified that on the first two occasions when he put his hand between the defendant's buttocks, the defendant seemed to "tense up" or "tighten up" or "scrunch up." ****


:rofl:

Scrunch up is now a legal term!

[TZ]

1. Yuck!

So do you have to go to proctology school now to be a police officer?!:o

[Iggo]

2. Nah, as a number of us know...

...the cops normally wait 'til you're under arrest and back at the station before they look "there."

Once you're in jail, you have a different and way more limited set of rights, and ass-crack privacy is not one of them...lol.