Police Officer Tasers Restrained Suspect To Get Urine Sample

Dex Sinister

New member
Let the apologists begin:

Florida Police Officer Peter Linnenkamp reports tasering 18yo suspect Antonio Wheeler twice while Wheeler was handcuffed and strapped to hospital bed, to get urine sample. Report unclear whether Officer Linnenkamp was kneeling on suspect's chest at time of Tasering.

http://www.wftv.com/news/4266952/detail.html

Altavista results: Other reports of same incident [All basically the same AP story]

ORLANDO, Fla. -- A police officer twice used a Taser stun device on a drug suspect who was restrained to a hospital bed because the man refused to give a urine sample to medical staff, authorities said.

Antonio Wheeler, 18, was arrested Friday on a drug charge and taken to an emergency room after telling officers he had consumed cocaine, police said.

Because Wheeler said he had used the drugs, Florida Hospital officials wanted a urine sample. A police affidavit said Wheeler wouldn't provide a sample on his own, so workers tried to catheterize him to get one.
The police document said Wheeler was handcuffed to a hospital bed and then secured with leather straps after he refused to urinate in a cup. When medical staff tried to insert a catheter to get the sample, Wheeler refused and began thrashing around, the affidavit said.
At one point, police officer Peter Linnenkamp reported, he jumped on the bed with his knees on Wheeler's chest to restrain him. When Wheeler still refused to let the catheter be inserted, Linnenkamp said he twice used his Taser, which sends 50,000 volts into a target.
"After the second shock (Wheeler) stated he would urinate and calmed down enough to be given the portable urinal," Linnenkamp wrote.
At the request of Police Chief Michael McCoy, the Florida Department of Law Enforcement is investigating the incident.
Linnenkamp, who has more than 18 years on the force, has no history of disciplinary problems, said Sgt. Barbara Jones, a department spokeswoman.
He has been relieved pending the investigation's outcome. Jones said officers in such suspensions usually are paid.
In a Tuesday interview at the Orange County jail, Wheeler acknowledged that he aggressively resisted efforts to insert the catheter because he was scared it would hurt. He said the police officer told him the catheter would be necessary if he wouldn't or couldn't urinate on his own.
"I feel I was basically raped," Wheeler said.
Said Amnesty International USA spokesman Edward Jackson: "If this had taken place in China, it would be an egregious violation of human rights, and the public would be outraged.
"I hope that they don't allow the fact that it happened on U.S. soil deter from the fact that this may very well be a case of torture."
Florida Hospital spokeswoman Melanie Trivento said in a statement Wednesday that hospital officials wouldn't be able to comment on the case until they have thoroughly reviewed it.
"This is a very unusual situation and we are examining all of the circumstances surrounding the incident," the statement said.
Earlier, another hospital spokeswoman, Samantha O'Lenick, said she could not speak specifically about the Wheeler case but said hospital protocol calls for urine samples whenever patients say they have taken drugs or alcohol.
Wheeler was being held on $7,500 bail on charges including possession of cocaine with intent to sell, escape and resisting without violence.
 
Said Amnesty International USA spokesman Edward Jackson: "If this had taken place in China, it would be an egregious violation of human rights, and the public would be outraged.
Fact of the matter is nothing is proven yet, except that the law requires forced sample of bodily fluids for near or minor crimes; as far as the Congress and Baseball is concerned, make that evwn "suspicion of crimes". If one cop overstepped his bounds, that gets explained away with his badge. Look to the law that encourages it. That's what Amnesty International should be focusing on.

WAKE UP AMERICA. The STATE even owns your person!
Rich
 
Let me get this straight. He's in a hospital and needs to pee,so a drug test can be quickly performed. So a cop uses a taser on him? If this is the case. Then why was a Urologists not called to administer a Cystometry? And use one of several drugs that quickly force a person to urinate. Instead, the cop shoots this person with 50,000 volts twice. To convince him to urinate? This is pathetic.
 
Whoa, whoa, whoa.

Where was the warrant? Around these parts, if the prosecution needs some kind of sample, and the suspect declines, we go get a warrant.

If this sample was requested by the hospital, and I'll bet it was, if he won't give the sample to enable doctors to properly treat his impending OD, then have him sign a medical release and don't treat him.

He won't sign the medical release, then have witnesses sign that he refused medical aid and take his butt to jail. There'll be a corner he can die in, I promise you.

By the way, Office Linnenkamp, the phrase "Shocking the p!$$ out of someone" is a FIGURE OF SPEECH. Try to keep that in mind.

LawDog
 
Whoa indeed.

Isn't cocaine a diuretic anyway? Couldn't they have just taped a bag to the strapped down suspect and waited?

Sounds like they just wanted to punish him for being less than cooperative.

Wouldn't this evidence be tainted for lack of due process?
 
Guys-
Keep your eye on the prize.....whether this cop may or may not have violated this guy is a under investigation (though it doesn't look good).

The key is whether FL Law allows forced invasion of person on suspicion.
Rich
 
That's going to depend, Rich: was the sample being requested by the police as evidence, or was the sample being requested by the hospital as part of a overdose treatment plan?

We get this every once in a while. Suspect swallows his stash, and we have to immediately take him to the hospital for his safety. The hospital staff always wants some kind of baseline sample before they start treatment.

Now, us, being the cold-hearted rat ******** that we are, if the suspect refuses to give a sample, we tell him to sign the Refusal of Medical Treatment form and continue what we were doing before he interrupted. He dies of an OD in custody, we got the form where treatment was offered.

I tend to think that the suspect swallowed his coke stash, and the officer took him to the ER so that the suspect wouldn't die from an OD in the officers custody. The hospital got carried away, overstepped their bounds, and the officer got carried away in the process and screwed the pooch.

LawDog
 
Exactly my point LawDog. The question is whether this is now law in the Sunny State of Florida. If no, possible Civil Right violation by the cop. If yes, we need to return the State to the days, not to long ago, when as you say:
"...if the suspect refuses to give a sample, we tell him to sign the Refusal of Medical Treatment form and continue what we were doing before he interrupted."

Rich
 
NO,NO,NO,NO,NO...

Everyone knows that when you have an un co-operative suspect handcuffed to the bed you're supposed to use a nightstick to beat the piss out of him.

What in the hell is my America coming to?
 
I had rather thought that refusing to give a Warranted fluid sample meant a contempt charge, not the use of force? Can anyone comment on that?
 
Handy, it depends: if the sample is being requested to save the life of a person, then the minimum level of force necessary to acquire the sample may be used.

I've never had to use force to get a fluid sample, by warrant or otherwise.

Rich, my money is on there having been a civil rights violation here, probably by both the officer involved and the ER staff. Just a guess on my part, though.

LawDog
 
I notice Amnesty International is already involved. I smell something. I can't quite visualize AI getting involved in the average village idiot OD incident. Somebody tipped them. The officer sounds like another village idiot. The issue is if the state CAN force a suspect to give up a sample of anything. Urine, blood, DNA, fecal, seminal or hair can be obtained by warrant WITH probable cause. If a village idiot ODs, can the state force testing and treatment on a oriented to time and place village idiot? No, in my experience. Only unconscious and legally declared incompetent persons in state custody may be treated in spite of their objections. That does not apply to prisoners. I am unaware of any FL law that provides for state custody of a village idiot who is not responsible. Only a court may decide competency. I think this is going to bring a village idiot a financial windfall. Maybe.
 
A urine sample might provide a quicker or more expedient test medium; but doesn't anything going to the bladder have to pass through the bloodstream first? Instead of shocking them with a taser for some bilge water; if someone's life might be in danger - with he or she already restrained in a bed - why not draw blood? You know, like slash a wrist or something?
 
Silly Florida cops... don't they know enough to call in the DEA to give a firearms safety demonstration and scare the piss out of him?
 
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