Previous
Next
Marsh Halberg

Marsh Halberg

"Attorney of the Year" (Minnesota Lawyer 2011)

"Top Six Criminal Defense Attorneys" (Mpls/St.Paul Magazine)

"Super Lawyer" (1997-Present)

View Profile
Tina Appleby

Tina Appleby

Achieved jury acquittals / case dismissals / successful resolutions in over 2,000 cases

"Top 100 National Trial Lawyer"

"Who's Who in Criminal Law"

View Profile
Lucas Dawson

Lucas Dawson

"Super Lawyer Rising Star 2017, 2018 and 2019

Requested speaker at Minnesota CLEs

View Profile
Zach Graham

Zach Graham

J.D. St. Thomas School of Law, cum laude

Achieved successful outcomes for clients in district court and on appeal

View Profile
Eric Nelson

Eric Nelson

"Rising Star" from 2004-2013

"Super Lawyer" 2014, 2015 2016, 2017, 2018, and 2019

Named one of the "TOP 40 UNDER 40" by the National Trial Lawyers' Association

View Profile
Doug Hazelton

Doug Hazelton

"Best Lawyers in America" (2008-Present)

"Super Lawyer" (2008-Present)

Author Minnesota DWI Handbook (West Publishing)

Author Minnesota DWI Survival Guide

View Profile
Jeremy Kaschinske

Jeremy Kaschinske

One of a handful of MN defense attorneys certified on DataMaster, DMT (MN's current breath-testing device)

Contributing Author to Minnesota DWI Deskbook

"Super Lawyer Rising Star" 2014, 2015, 2016, 2017, and 2018

TOP 10 Under 40 for the State of MN

View Profile
Debbie Lang

Debbie Lang

2012, 2014, 2015, 2016 and 2017 "Super Lawyer Rising Star"

"Top 100 National Trial Lawyers" by the National Trial Lawyers' Association

1 of 50 Minnesota Society for Criminal Justice Members

View Profile
Dave Risk

Dave Risk

Eight-Time Award Winner of "SuperLawyer - Rising Star"

J.D. William Mitchell College of Law magna cum laude graduate

2014, 2015 and 2016 "Super Lawyer"

View Profile
Christina Zauhar

Christina Zauhar

Member of Minnesota Women Lawyers

Member of the Minnesota State Bar Association

Contributing Author to Minnesota DWI Deskbook

View Profile

Body Cavity Searches in Minneapolis, Minnesota


HomePractice AreasBlogs - Invasive Body Searches

Minnesota Supreme Court suppresses evidence found in forced body cavity search

In a recent case involving invasive bodily searches, the Minnesota Supreme Court overturned a man's drug conviction after concluding that evidence of illegal drugs obtained subsequent to a forced body cavity search directed by police violated his constitutional rights to dignity, personal privacy and bodily integrity.

The opinion, State v. Brown, limits how far police can go when performing body cavity searches on an uncooperative suspects when searching for illegal drugs.

In 2015, Minneapolis police, with the assistance of a confidential informant, set up a controlled buy of drugs from Guntallwon Brown and soon arrested him.

Believing that Mr. Brown had hidden a bag of crack cocaine in his rectum, officers went to a Hennepin County District Court judge and secured a search warrant for a body cavity search.

At the hospital, the emergency room physician refused to remove the baggie. Mr. Brown was offered a laxative, but the doctor declined a request from police to force the suspect to take it. Mr. Brown refused officers’ requests to remove the drugs.

After some time, the officers obtained a second warrant from the judge that directed hospital staff to “use any medical/physical means necessary” to retrieve the suspected narcotics.

Mr. Brown was then taken to a different facility where medical staff strapped him down and sedated him. In the presence of two officers, a physician used a speculum and forceps to extract a baggie that was ultimately found to contain 2.9 grams of cocaine.

Writing for a 5-1 majority, Justice Paul Thissen wrote, "If a coerced invasion of one’s anal cavity — an area inherently personal and private — while sedated and in front of strangers is not a serious and substantial intrusion of an individual’s dignitary interest in personal privacy and bodily integrity, we cannot fathom what is."

In her lone dissent, Justice Anne McKeig called the search ‘reasonable,’noting that the medical staff did not observe any bleeding or abrasions.  Additionally, Justice McKieg noted that Mr. Brown was offered less invasive options when he was taken to the hospital; the sedation was done for Brown’s comfort; and that the anoscopy performed by the physician is a low-risk, uncomplicated procedure.

If you find yourself facing criminal charges involving drugs or other serious felonies you need a criminal defense attorney with deep legal knowledge and a willingness to fight on your behalf in any court. At Halberg Criminal Defense, our team approach puts the firm’s collective knowledge and experience in your court. Our attorneys are available 24-7 — Call us at 612-DEFENSE (612-333-3673).

Contact us for a free consultation

US News AV Preeminent AV Preeminent

Top 100 Trial Lawyers Super Lawyers Minnesota Lawyer