Pubdate: Sun, 28 May 2006
Source: Washington Post (DC)
Page: A02
Copyright: 2006 The Washington Post Company
Contact:  http://www.washingtonpost.com/
Details: http://www.mapinc.org/media/491
Author: Kari Lydersen

COURT BACKS POLICE SEARCH METHOD: LAXATIVES

Swallowing dope or other contraband won't hide it anymore.

The Wisconsin Supreme Court has ruled that Milwaukee police officers
were justified in using laxatives to search a man who had swallowed a
bag of heroin during a 2002 drug bust. The decision found that police
did not violate Tomas Payano-Roman's constitutional rights against
unreasonable search by forcing him to drink a laxative called GoLytely
every 20 to 30 minutes until the drugs came out.

In its 5 to 2 decision, the court said the laxative use was acceptable
because it was carried out under medical supervision and met dual
medical-treatment and evidence-gathering purposes. Dissenting, Chief
Justice Shirley S. Abrahamson said the evidence should not have been
allowed since police didn't get a search warrant.

Officers saw Payano-Roman swallow the bag as they approached him. He
pleaded guilty to possession of heroin and was sentenced to 60 days in
jail.

"Drug investigations are tough," said Milwaukee County Sheriff David
A. Clarke Jr. "Drug suspects, drug dealers will go to great length to
escape detection. When someone swallows the evidence, which is not an
easy thing to do, the fact that the stuff was taken using a laxative
should give the drug world something to think about."
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MAP posted-by: Richard Lake