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Friday, April 4, 2014

Borderline Disorder: Medical Personnel and Law Enforcement

By Dien Ho, Kenneth A. Richman, and Mark Bigney
The Hastings Center - Bioethics and the Law
Originally published April 3, 2014

Here is an excerpt:

The American Civil Liberties Union recently filed a federal lawsuit on behalf of a 54-year old New Mexico resident, “Jane Doe.” The defendants are the board of managers of El Paso County Hospital District, the University Medical Center of El Paso, two physicians, and agents of the U.S. Customs and Border Protection (CBP). The lawsuit alleges that on December 8, 2012 Ms. Doe was returning from a visit in Mexico when an agent of CBP informed her that she had been chosen for increased inspection and secondary screening.

After frisking failed to produce any contraband, agents sent her back in line to finish customs procedures. According to the complaint, a drug-sniffing dog, possibly prompted by a CBP agent, lurched at Ms. Doe. Agents then led her to a private room where she was subjected to further searches, including visual examination of her anus and vagina with a flashlight and the insertion of an agent’s finger into her vagina. Throughout the search, Ms. Doe never expressed consent, nor did the agents present a warrant.

The entire story is here.
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