Court spectator sues judge for drug-testing him ‘on a hunch’

ive been in that courthouse

i gotta "hunch" this judge thinkest himself above the law...he shud b removed immediately from the bench...a very dangerous man...i suspect he may b usin the dangerous drug alchohol & he needs to be tested ^_^

Simmer down, Beavis. :)

They attack us on an individual level everyfay because they are afraid to take us on at the same time!!! Besides, I did not believe it a crime if it was in your system, it could of gotten there indirectly!!!

They attack us everyday on an individual level because they are afraid to takes us on at the same time!!! OBAMA IS A FAG AND LIAR!!! JUST WHAT I HEARD!!!

Reminds me of a day about four months ago when I was doing a pro bono mediation. As I was awaiting the calling of my case, the judge did a quick arraignment for an alleged DUI defendant who had been released on his own recognizance. They guy came in at 9 a.m., stumbling down the aisle and barely able to speak to the judge. The judge calmly asked, "Sir, did you drive to this hearing this morning? "Yesh, yer honor." The judge motioned to the bailiff and said, "Please go into the hallway, find a police officer and have this man breathalyzed immediately." He tested over the limit, and the judge told him that the police officer would be giving him a ride home and then gave him a ten-minute long blisteringly scathing speech about showing the court proper respect the next time he came before it.

existentialist said:

This is the story that makes you stand back, ashamed of humanity? Wow! There are far more disturbing and actually relevant stories on this site that are far more deserving of your attention than this. The judge acted as an individual, was publicly censured and warned not to overstep his bounds again, and some poor schmo, who was inconvenienced, thinks he deserves 1.5 million dollars. I agree with you, that this guy thinks he is owed that much money is low and despicable.
//

In my opinion he is not asking enough, what is going to stop them from infringing on our rights in the future? Judges generally act with impunity. How much do you value your rights? Maybe you don't mind being forced to incriminate yourself, or being locked up until you comply.

Crazy Frkn Judges think they can do and say anything they like!!! He should be held more accountable, because he's a Judge!!! I wonder how many injustifiable things this Judge has done,

existentialist, I don't know. I'm not a lawyer, but I would imagine that such a charge, even if there is such a thing, would be hard to sustain on appeal, since the charging officer has to have probable cause for the search in the first place.

Plus:

Question # 1 - Was he offered the chance to have a lawyer represent him? Before some kind of questioning by police authorities, this is basic. He should have been able to yell for a lawyer and they should not have been able to do anything until that worthy individual showed up. Refusal to allow legal presentation is automatic grounds for dismissal according to the SCOTUS.

Question #2 - What was the judge's grounds for probable cause? As a judge, he should have known that a lack of this would get the results of a drug test, if positive, thrown out on appeal in a New York second, leaving the prosecution with no case.

This whole thing is so bogus, I would wonder what a background check on this judge would turn up.

There is not enough information in the story for me to make an opinion on it. I am curious, because I did not think having drugs in your system was a crime. I could understand how it might be illegal to be under the influence in the court room, but can Urinary Analysis actually tell if the person is currently on drugs as opposed to having been on the a few days ago?

I would have simply refused.......and let it escalate into a huge public stink.......especially if I knew the test would come back clean.

That's pretty much my take on ALL forced searches- I NEVER give consent, as they will always end up empty handed. If the cop has to report a questionable and forcible search with no find, it damages his credibility in court for later instances where he might actually have found something on someone.

Good, fuck him - quit trying to be a detective and focus on your job.

Good, fuck him - quit trying to be a detective and focus on your job.

If you have a lame-ass job with no kind of critical thinking required, maybe your life is better with weed, It didn't work that way with mine.

Back to the judge. Judges can do a lot of shit and get away with it. The county where this happened might have to pay some money to the guy, but probably nothing will happen to the judge. Hand slap maybe? Bad judge, bad judge.

weed = life is better with

So does this mean everytime he signed a search and seizure, it was on a hunch? Where do they find these people?

I have a hunch the judge will have to pay!

Let's bring back the Inquisition while we're at it!

All the man had to say was "I'm not on trial here." and leave.

These judges are such fucking hotheads. They think they're hot shit. And wouldn't you if you JUDGED OTHERS. I bet he's a Christian too, what a fucking hypocrite.

You know that guy either had long hair or he was some kind of brown. what was the judge supposed to think? Long haired brown guy, of course he's on the dope

This made me cringe when I saw that it happened in Tennessee. I am not too surprised that it happened in Dickson county, though.

He obviously appeared incredably blazed in order to have a judge demand a drug test off a hunch. What i'm incredably suprised about is the fact it came back negative. I'de be willing to bet that the judge must be feeling stupid about that--how good of a judge is someone whose 'hunch' is totally off?

Yep that would be a law suit for sure. I would also try to have the judge disbared for abuse of power.

Let me rephrase because you read it wrong. The judge should know better than to give a spectator a drug test just because he had a hunch. Better?

he should sue for weed money rofl :D

"Benjamin Marchant's lawsuit (PDF) against Dickson County Judge Durwood Moore says Marchant was a SPECTATOR in the court ..."

emphasis mine.

The man tested was a spectator, NOT on the jury. Your argument does not apply. If he had been on the jury, and the judge suspected he was on drugs, he would have had the authority under the law. As a spectator, he did not. He's a judge, not a cop.

Personally, If i were the one on trial i certainly wouldn't want someone in the jury stoked up on pot. The judge just wanted a fair trial uninhibited by poor decisions made by drug addicts. If you weren't doing drugs, it might hurt your pride a little bit to get a drug test but the results would come back negative and you'd be cleared. Easy as that. Why complain? If the guy tested was doing drugs he would have been rightly removed from the jury. I respect this judge for his decision and certainly would want the "Right to a fair trial" which would be covered by a sober jury. Lets hear the counterarguments...

I don't ever comment on stories, just the casual surfer, but this, now this is completely outrageous. I just don't have the words to describe how despicable this is. It puts me in awe of how humanity has stooped this low. I'm ashamed to be human. I'd rather be a panther in the jungle.

While I am fully in support of a separate, independent and strong judiciary, judges need to be reminded that whether they are appointed or elected, they serve the people, and there ARE rules of conduct as well as Constitutional protections they are bound by oath to protect.

He should be hauled before the local Bar Association for a disciplinary hearing for overstepping his authority.

Oh the mental anguish! Sue the judge for millions.

Absolutely he should sue, these activist judges need to be put in their place.

sounds like the only way we'll ever get the point across is if someone pulls a George Washington Carver on these politicians and shows them everything they can use hemp for and then reveal to them it's hemp.

Disgraceful. That judge needs to be sanctioned for abuse of power.

Thats a violation of his constitutional rights, I hope he not only sues but wins millions for that judges transgression and the judge should be removed from the bench.

hope he wins

Buddy Hacket had a hunch that there was something special about herbie the lovebug,..

^-^ would sue too...

Just because someone is a judge doesn't give him/her the authority to violate someone's 4th Amendment rights. The judge's "hunch" doesn't provide the probable cause required for "search and seizure" of someone's urine for evidence of drug use.

private companies can circumvent the 5th amendment, but Judges should have more respect and uphold the constitution