King George III’s troops and excise men outraged many of the colonialists (AIUI) with their searches and seizures, leading to the Fourth Amendment to the US Constitution.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Back in old England, no such definitive right exists, so the Queen’s men may find you not so secure in your person, and may make ‘unreasonable searches and seizures’, you might conclude.
I call my first ‘witness’:
A prisoner suspected of hiding drugs by swallowing them has been sent to hospital after managing not to defecate for nearly seven weeks.
Yes, the unfortunate Mr Lamarr Chambers was held as a prisoner for 45 days by Essex Police, hoping that he will drop himself in it, as it were, as he was suspected of having swallowed an item which would eventually emerge, and which might incriminate him on drugs charges (and I note, we don’t have a Fifth Amendment here either, but we do have some rules of evidence against self-incrimination).
The story so far:
The 24-year-old from Brixton, South London, was held on January 17 and appeared in court the next day.
At that hearing, and in seven subsequent hearings, the court authorised the further detention of Mr Chambers under section 152 of the Criminal Justice Act 1988 to enable him to pass drugs he was suspected to have inside him.
So a Court has authorised this epic buttock-clenching saga, under legislation dating from Mrs Thatcher’s period in office.
However, the police, presumably feeling themselves up against a brick wall, relented.
On Monday the decision was taken by Deputy Chief Constable BJ Harrington, following medical and legal advice, to release Mr Chambers from custody.
The Crown Prosecution Service discontinued the charges against Mr Chambers in relation to possession with intent to supply a Class A drug and driving matters.
He was immediately rearrested on suspicion of being concerned in the supply of a Class A drug and released on bail and then taken by police car, in company with a medical professional, to hospital for treatment.
I can’t help but be disgusted by a country in which a police force can comment on Twitter about a prisoner’s bowel movements, or lack thereof.
Perhaps we need a change in the law? No holding people until evidence emerges, but charge on the evidence lawfully and properly gathered.
Or perhaps Mrs May might suggest that the Crown will be able to seek a writ of habeus caco, ordering a prisoner to defecate?
I suspect that there’s only one thing Mr Chambers needs now more badly than the Fourth Amendment.
And what do the police say?
‘We will also not shy away from talking about the unpleasant truths that go hand in hand with the drug dealing lifestyle, from the violence often perpetrated by those involved to the expectation on dealers to “plug” drugs to avoid capture.’
I find a police force watching a man 24-hours a day for 45 days to see him defecate (on these allegations) far more unpleasant a truth, a truth about the state of freedom in Britain today.