MN: Forced anoscopy under sedation was unreasonable under Winston

Strapping defendant down for a forced anoscopy under sedation in the presence of nonmedical personnel was unreasonable under the Fourth Amendment. The court applied Winston v. Lee on forced surgery, noting that several courts have applied it to nonsurgical body invasions. State v. Brown, 2019 Minn. LEXIS 438 (Aug. 14, 2019).

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. We conclude that the second Winston factor strongly favors finding the anoscopy to be an unreasonable search under the Fourth Amendment.

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