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The Doctor’s Role in an Illegal Body Cavity Search: Duped or Duplicit?  

Author:  Fred Cohen .

Source: Volume 16, Number 03, March/April 2015 , pp.35-35(1)

Correctional Health Care Report

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A suspected drug dealer was brought to the emergency room by arresting officers, who claimed that the detainee had undergone (or faked) a seizure and were able to persuade the ER physician to perform an intrusive rectal probe, which recovered criminal evidence, a baggie of cocaine. The suspect sued the officers, the emergency room doctor, and some nurses, alleging an illegal search under 42 USC §2893. One interesting question the 9th Circuit panel was asked to consider was, if the doctor had been coerced or misled by the officers, is there still a basis to hold the doctor personally liable for a search that the court did find exceeded constitutionally permissible limits?

Keywords: 42 U.S.C. § 2983; illegal search and seizure; George v. Edholm, 752 F.3d 1206; constitutionally intrusive

Affiliations:  1: Executive Editor.

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