- Associated Press - Saturday, July 2, 2016

PIERRE, S.D. (AP) - The attorney for a South Dakota man charged with felony drug ingestion has asked a judge to dismiss evidence from an involuntary urine sample obtained with the use of a catheter.

Attorney Jeremy Lund filed the motion in May in the case against Dirk Landon Sparks, who was arrested March 14 in Pierre on a report of a domestic disturbance, the Argus Leader (http://argusne.ws/29azUpH) reported Friday. The motion states that after a judge signed off on a search warrant for blood or urine samples, Sparks refused to cooperate. He was then taken to a hospital, where he was restrained while a catheter was forced into his penis to obtain the sample, according to the filing.

Sparks’s urine tested positive for THC and methamphetamine. He was subsequently charged with obstruction, felony drug ingestion, and possession of marijuana and drug paraphernalia.

Lund declined a request from the newspaper to comment on the case. In the motion filed in Hughes County, he argued that the use of the catheter was not authorized by the judge and it violated Sparks’s constitutional rights against unreasonable searches.

The use of catheters isn’t new, but defense attorneys and at least one civil rights organization say the practice is unnecessarily invasive.

Ryan Kolbeck, a Sioux Falls lawyer and president of the South Dakota Association of Criminal Defense Lawyers, said he doesn’t know what state law would permit the use of catheters to obtain a urine sample. He said the procedure should not be used in routine cases such as drunken driving or drug ingestion.

“They want someone’s urine that bad?” Kolbeck said.

South Dakota Attorney General Marty Jackley defended the practice. He said it’s ultimately up to suspects whether they choose to cooperate.

“I don’t think anyone wants to go through that methodology,” Jackley said. In an interview with the newspaper, he would not cite the state law that authorizes the catheterization, but said a court order can allow it.

The practice has been challenged in other states. In Indiana, a man lost a case in 2011 that he brought against the city of Lawrenceburg after nurses obtained a urine sample using a catheter. The judge ruled against the defendant because a court had ordered the sample.

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