Removal of crack cocaine bag from man's rectum constituted a reasonable search, Court of Appeals rules

On appeal from his conviction of fifth-degree possession of a controlled substance, appellant argued that the District Court erred by denying his motion to suppress evidence removed from appellant’s rectum by a medical doctor. Appellant argued that the medical procedure was unreasonable. The Court of Appeals held that, applying the three-factor balancing test in Winston v. Lee, 470 U.S. 753, 105 S. Ct. 1611 (1985), a procedure to remove suspected narcotics from appellant’s rectum, which was authorized by a valid search warrant and performed by a medical doctor in a hospital setting after appellant declined less-intrusive options, did not violate federal and state constitutional protections against unreasonable searches and seizures. Affirmed.

Body cavity searches on both males and females b y LEO's during an investigation have been legal for sometime.