No Butts About It :: essays research papers

No Butts About It     Bruce Robert Nelsons conviction ought to be overturned. He ought to contract maintained a civil suit against the Hennepin County Sheriff and the Hennepin County Medical Center in Minneapolis for violation of his national constitutional regenerates. These rights include, inter alia, his rights against illegal anticipate and transport of the drugs from inside his body, and violation of his rights against self incrimination. These rights are granted to every American resident and citizen including Nelson, by the 4th and 5th Amendment to the Constitution, respectively. The authorities including the warden at the federal prison should also be made parties to the civil suit and their liability may include, such excites as unlawful imprisonment, and intentional infliction of emotional distress.     At least those remedies would be available to Nelson if and only if 1) No elevate warrant was obtained before the invasive search of Nelsons stomach and 2) No woo was taken and the United States imperative Court did not specifically phiz this operation upon the defendant. The reason for the above is that the secern was seized upon an invalid warrant. The warrant that was obtained to search Nelsons person and possessions was never intended to authorize such invasive execution. under the 4th Amendment, the warrant is required to specify the physical boundaries of the search and the U.S. Supreme Court has consistently held that if a surgical procedure is needed because also a warrant. Had the Hennepin County Sheriff obtained another warrant before the surgical procedure they may have been shielded from liability in Nelsons civil suit.     The prerequisite for a special warrant in the case of such a highly invasive procedure is an attempt to balance the authorities right to force a suspect to undergo serious medical surgery on suspicions that are spurious at best and at chastis e giving unfeathered power to authorities which may be abused. If the evidence is sufficiently strong then it should be presented to an independent federal magistrate or judge for an evaluation and a determination of the existence of the "probable cause" requirement of the 4th and 5th Amendments to the Constitution. The fact that Nelson signed a harmonize form prior to the performance of the endoscopy which provided the incriminating evidence was not in and of itself conclusive. Apparently Nelson did not have a lawyer before he signed the consent form. There is no indication that he was minded(p) Miranda warnings but we do know that he signed under sound off and authorization given under these inherently coercive conditions have been repelled by the judicial system.