I'm sure many of you have asked this same question. Up until Monday, the answer, at least in the Sixth Circuit, was "yeah." But in what can only described a victory for those who oppose non-consensual anal penetration, the Sixth Circuit Court of Appeals has vacated the conviction of a man who was involuntarily paralyzed, intubated, attached to a breathing machine and anally probed for drugs. The case is
United State v. Felix Booker. The fact that it ever went to trial demonstrates just how egregious police conduct must be before it will violate constitutional protections against unreasonable search and seizure.
