Condensed
from a report by:
William
Norman Grigg
Published
in LewRockwell.com
Snow
College, Utah – Here are a couple of anecdotes torn from today's
headlines that show concrete examples of why you don't ever want to
voluntarily waive your right to demand a search warrant when the cops
get in your face.
Stephan
Cook had no idea what was about to happen when a crowd of narcotics
cops with a drug-sniffing dog surrounded he and his buddy in the
parking lot at a small college.
They
were taking a smoke break – a tobacco smoke break - between
classes when the officers demanded they voluntarily allow them to
search the car.
At
the time, he was a 22-year-old college student whose parents are
police officers. No sweat, he figured. It wasn't his car, he didn't
have any drugs, and he knew his rights.
That
is, he thought he knew his rights.
Before
his nightmare was over, he had been sexually humiliated by an insane
and unnecessary court order to forcibly rape him by the insertion of
a catheter into his penis, he spent time in jail, he's a convicte
drug offender – and it's up to a federal court to decide if his
tormenters are exempt from civil rights prosecution because of a
legal doctrine known as “qualified immunity.”
The
kicker? The state never presented any evidence that he had any drugs.
Yeah. How about that one?
Forced
catherization is all part of a new and preferred method in the “war
on drugs,” which is really a fancy way of saying “war on
Americans' freedoms guaranteed by the Bill of Rights.”
When
the cops rolled up on the two guys, they made them empty their
pockets. They searched them both, but they didn't find any drugs.
When
the drug-sniffing dog detected the odor of drugs in the car, the cops
opened the trunk and found a glass pipe. They called that probable
cause, so they arrested Stephen's running buddy. It was his car.
Because
they suspected the boy was intoxicated, they ordered Stephan Cook –
who showed no signs of being loaded - to drive his friend's care to
police headquarters. It would save the boy a towing and impoundment
charge, they pointed out.
He
was still in a cooperative mood, so he gave his consent.
“By
ordering Cook to drive to the station, the police made it clear that
they did not believe that he was under the influence of marijuana,”
according to a legal report.
At
the cop shop, things started to get a little bit – uh - sideways.
That's
when they informed the kid he was in custodial detention and would
have to take a drug test.
If
you're in custodial detention and have to take a drug test, you are
not free to leave. You have the right to legal counsel. Demand it.
Every time. Without fail. These people definitely don't have your
best interests in mind. Depend on it. It's a fact.
Call
somebody, be it a lawyer, your next of kin, or anyone else who can
get you some legal representation. Keep your mouth shut. Let the
mouthpiece do the talking.
Lawyer
up. Like the folks at Nike say, “Just do it.” The only thing you
have to lose by waiving your Fourth Amendment rights to resist
unreasonable search and seizure are your human rights – the ones
God gave you – to be a free man or woman alive and kicking in the
United States of America, which is still a free country, no matter
what the narcs or the stooges they employ as jail magistrates may
say.
Believe
it.
What
the cops and the judge did next was a whole lot worse than getting
caught smoking a cigarette, standing next to a car you don't even
own, even if it's a car with a glass pipe in the trunk.
Look
at the situation the way a lawyer or a judge with his head on
straight would see it.
“...Cook
didn't own the car, a fact that severs the thinnest thread connecting
him to the glass pipe found in the trunk,” according to a legal
pleading.
Remember,
these people called the tune. They said you're in a war, remember? A
war on drugs. You aren't a drug, you're a human being. You aren't a
cop, either. So that means you're a combatant in an undeclared,
asymmetrical war on the God-given rights of human beings.
Yeah,
those are the same rights millions of men and women have fought and
bled to defend – worldwide. Don't just haul off and give those
rights away. Make your enemy – the guy who declared war on you for
being a human being - pay the highest possible price to take them
away from you.
Here
is what Stephan Cook got for being cooperative with the dope cops.
According
to Mr. Grigg's report, “When the police demanded that he sign a
waiver of his rights, Cook – whose parents are police officers -
repeatedly and explicitly demanded access to an attorney.
"I
asked for an attorney because I didn't know if this was right,"
Cook recalled in a television interview. "Once I did that, they
said 'We're getting a search warrant so we're going to have your
urine by the end of the night.'" A "bodily fluids warrant"
was issued "authorizing" the cops to obtain a urine sample.
It did not, however, specify that the sample could be taken by force.
Lindsay Jarvis, Cook's attorney, informed Pro Libertate that the
warrant was issued by a judicial 'commissioner,' rather than a
judge.”
The
dude who ordered the “object rape” - and that's a felony crime in
the State of Utah - of Stephan Cook by the forcible insertion of a
catheter into his penis, he wasn't even a lawyer.
He
was just some stooge they hired to make it look like it's okay to
torture an American citizen who is asking that the criminal justice
system at least give some kind of a nod and a wink to his human
rights to be secure in his person, his property, and his papers
unless there is a warrant of search issued by a magistrate.
That's
not an unreasonable request.
But
the narcs said they would have that warrant before the night was
over, and they were locked and loaded to hurt that boy – for his
humanity. They proceeded to rape him with an object.
Why?
Because
he insisted he has a right to some sort of warrant of search
supported by a probable cause affidavit before a “commissioner”
can order an invasive search procedure on his body, he was punished
by a humiliating, painful and unnecessary procedure that amounted
rape by insertion of an object without his consent.
Under
Utah state law, "object rape" consists of the involuntary
"penetration, however slight, of the genital or anal opening of
another person who is 14 years of age or older, by any foreign
object, substance, instrument, or device…." This act
constitutes a form of aggravated sexual assault for which the penalty
is a prison term of no less than ten years, followed by lifetime
enrollment in the sex offender registry.
“As
22-year-old Utah resident Stephan Cook discovered, the crime of
object rape – like any other offense against person or property –
can be transmuted into a policy option when it's committed pursuant
to a government decree.”
Cook's
abductors took him to the Sanpete Valley Hospital, where Nurse
Ratched told them "to hold my shoulders and she undoes my pants
and wipes me down with iodine, catheterized me and took my urine,"
the victim recalls.
Ms.
Jarvis points out that the purpose of this procedure was clearly
punitive, not investigative. "Rather than employ a simple blood
test, they're forcibly catheterizing these people."
“This
satisfies another element of the statutory definition of object rape:
The act was committed with the 'intent to cause substantial emotional
or bodily pain to the victim,'” according to the chief allegation
of complaint in a federal lawsuit Ms. Jarvis has filed on behalf of
Mr. Cook.
What
happened to the urine specimen? Although Mr. Cook was booked into
jail for possession of a controlled substance, it was never tested.
No record of his hospital visit was ever recorded. Mr. Cook's
attorney described this fact as emblematical of the “gratuitously
vicious nature of this episode.”
So,
what happened to Stephan Cook? The “commissioner” who ordered the
object rape of Mr. Cook's body is also member of the disciplinary
board of the college. He ordered the funds in Stephan Cook's student
account to be frozen. He couldn't take his midterm exams or register
for classes in the next semester.
Stephan
Cook was kicked out of school for taking a smoke break in a parking
lot where he stood next to a car he doesn't own. Authorities charged
him with possession of narcotics, but had no evidence to support the
allegation. So the school denied him a chance to continue his
education.
The
cops? They were promoted. One of them is now chief of a department in
a nearby town; the other is running a similar one-horse operation
just across the valley.
Ms.
Jarvis advises that the city dads in those two little Utah towns
should post public notices that the chiefs of police are known sex
offenders.
So,
insist on your rights and you get raped? Looks that way.
There
are other, similar cases on file. After a “traffic stop” by the
local narcotics task force, a half-dozen beefy porkers held a young
woman who weighs 105 pounds down on the floor while a nurse
catherized her. They could have had a blood sample, but, like the
narc said, “The judge said he wants urine.” The order specified
only “bodily fluids,” not uring, but the federal court dismissed
her lawsuit due to the cops' having that old ace in the hole -
“qualified immunity.”
What
was the young woman's crime? She got loud with the cops. It pissed
them off. That's what you call contempt of cops. Look it up. The
criminal conviction records of hundreds of thousands – if not
millions – of people captured in the war on drugs support the fact
that all you have to do is say a word, and you're toast.
No
work in defense plants, no security clearance, no occupation of
federally supported housing, no postal work, no work in certain areas
of the transportation industry, and no work in law enforcement will
be made available to those who make the mistake of pleading out to
something they didn't do.
Then
there's the case of an Indiana man who refused to pee on cue. They
catherized him, and he suffered for six months with the symptoms of
prostatitis.
In
that state, lawmakers recently passed a measure that allows ordinary
citizens the right to defend themselves with deadly force when the
cops get carried away.
What
do these people have in common? After months of incarceration, they
were forced to plead out to their imagined crimes. Who can afford to
lay around in jail forever?
No
one we know ever does. They go for the deal, and it's a sorry deal if
you ever heard of one.
Honestly, I would have been sent to prison for murder if I were in his situation, hell, maybe a triple homicide.
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