Indiana Officer Not Satisfied When Breathalyzer Clears Man, So They Use of a Catheter and Then Charge Him With Obstruction When He Is Shown Again to Be Sober

PoliceBldg_47In Lawrenceburg, Indiana, Officer Brian Miller was not happy when Jamie Lockard, 53, agreed to a Breathalyzer that showed that he was not driving drunk. So, Miller and his colleagues arrested Lockard anyway, strapped him to a gurney and took blood as well as allegedly using a catheter against his will to extract urine. It also proved that he was below the limit . . . so they charged him with obstruction.

He is now wisely suing the Lawrenceburg police department and Dearborn County Hospital as well as Miller and Dr. Ronald Cheek.

A common complaint is that police in abuse cases will often charge victims with obstruction or resisting arrest to justify their actions and encourage victims to agree to a settlement of all charges.

Lawrenceburg police have been previously accused of abuses, here. Indeed, the prior police chief was demoted in one such scandal.

For the full story, click here.

18 thoughts on “Indiana Officer Not Satisfied When Breathalyzer Clears Man, So They Use of a Catheter and Then Charge Him With Obstruction When He Is Shown Again to Be Sober

  1. I have a question.

    Why would hospital staff follow the orders of the police to administer these tests?

    If the individual refuses the field sobriety test, and then the breathalyzer, and then the urine test, and then the blood test, isn’t the consequence laid out in the law after the individual is arrested?

    Can the police use a taser to compel the individual to perform these tests? Can the police use the taser to compel the hospital staff to perform these tests? If the hospital staff used anesthesia or other sedatives to force the patient to submit to these tests under orders of the police, would they have been acting legally?

  2. Can the police use the taser to compel the hospital staff to perform these tests?

    And, if so, can one police officer use a taser to compel another police officer to use a taser to compel the hospital staff to perform these tests?

  3. It’s a small town, there’s probably a lot of quid pro quo. The video that’s linked would be comical if not so tragic for the woman in the apartment. These guys are bullies who probably wouldn’t last a minute in a big city.

  4. Zapoli,

    Yes, the question sounds absurd… until it isn’t.

    Meanwhile, this hospital in Austin TX refuses to do DUI blood tests, even with a court order. Why should hospitals have to take on the liability for these tests anyway? I think the hospital correctly argues that these tests are outside of their role as medical care providers, and that the government cannot compel them to perform such testing:

  5. One of the sayings of several lawyers I have known is “don’t believe in your own bullshit” which I faithfully tried to master once I realized what they were saying.

    I think cops need to learn that lesson, especially these types of cops, far more so than lawyers.

  6. If Mr. Lockard consults with competent counsel, the next candidate for catheritization will be the City of Lawrenceburg. And the lawyers won’t be wearing latex gloves.

  7. Mike Appleton:

    the next candidate for catheritization will be the City of Lawrenceburg.

    ————————————————–

    Dont you mean a fire hose enema?

  8. I think this victim will be collecting a large sum from these officers and this city for the officers horrendous actions. These officers should be fired and prosecuted for their antics.

  9. I do not see how a hospital can refuse a properly issued search warrant. It is valid until overturned by a court of competence. However, I do not agree that this should endanger the lives of others when they are taken for the draw.

  10. I’d like to know for how much longer people are gonna put up with this nazi bullshit.

    And I don’t use that word lightly.

  11. curious:

    I’d like to know for how much longer people are gonna put up with this nazi bullshit.

    And I don’t use that word lightly.”

    ***************************
    Well “bullshit” is certainly the correct word to use. The officer’s actions were overboard, and will be righted. To equate him with a group of fanatical militarists who were directly responsible for the horrible torture and deaths of well over six million people is way over the top–or should I say bullshit.

  12. No, no it is not bullshit. These kind of tactics are EXACTLY how the Nazis rose to power in Germany. The problem is, this country has a serious case of “head-in-sand”. No one seems to mind this kind of crap as long as they are not personally being persecuted.

    “First they came for the Communists, and I didn’t speak up, because I wasn’t a Communist. Then they came for the Jews, and I didn’t speak up, because I wasn’t a Jew. Then they came for the Catholics, and I didn’t speak up, because I was a Protestant. Then they came for me, and by that time there was no one left to speak up for me.” — Martin Niemöller

    Everyone in this country needs to stop being to damned complacent. If it could happen to this man, it could happen to you, anytime, anywhere. Think on that before you dismiss this as not Nazi-like.

  13. Answer is simple: Hippocratic Oath.

    Are you willing to trust any medical professional that so easily and quickly sets aside their oath to first do know harm?

    I stand by the doctors. They should not and cannot be forced under any condition or law to violate their oath. to do so, I would think would create a legal issue as to wether or not they can practice medicine afterwards.

    And you also have to consider the possibility that if the procedure is done by someone other than a trained professional, that that alone would bring up a legal defense as to the authentication of the specimen drawn. So much room for error.

    And it would have been wise if the media had brought that aspect of this issue to light and focused on it in their broadcast. Its obvious to me that the media is not doing any proper research before broadcasting.

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