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Judge Reprimanded for Illegally Drug Testing Random Guy

Submitted by smorgan on
Imagine you're in court quietly observing someone else's trial, when suddenly, the judge starts pointing at you:

NASHVILLE (CN) - A judge in Dickson County, Tenn., had officers pull a spectator out of his courtroom "on a hunch," held him in custody and made him submit to a urinalysis for drugs, the man claims in Federal Court. Benjamin Marchant claims that General Sessions Judge Durwood Moore admitted that he "routinely drug-screens 'spectators' in his courtroom if he 'thinks' they may be under the influence of drugs or alcohol." Moore allegedly called it the "routine policy of the court."

The whole thing is so flagrantly unconstitutional and illegal that Moore's fellow judges were forced to throw him under the bus:

Moore acknowledged he had violated Marchant's rights and was censured by the Tennessee Supreme Court's Judiciary Court on May 1, 2009, the highest form of punishment short of seeking a judge's removal from the bench, according to the complaint.

Marchant tested negative for drugs, which was probably helpful in illustrating the absurdity of pulling random people aside with no justification and making them pee in a cup. I shudder to think that the outcome may have been different if he'd come up positive. Would Judge Moore have been hailed as a skilled professional who can pick potheads out of a crowd, instead of an out-of-control jerk who doesn't understand the most basic laws he's sworn to uphold?

It's seriously creepy to think that this guy's job is to interpret the law. Pete Guither asks:

How does this guy get to be a judge? You have to be better informed to get a cosmetology license.

Which is why I can't get excited about any form of punishment that falls short of permanently stopping this guy from deciding the legal fate of anyone ever again. Sure, no one was killed, falsely imprisoned, or otherwise substantially harmed by the incident, but it just reveals such a fundamental contempt for the Constitution that I refuse to believe it was a misunderstanding.

The problem is not that this judge was ignorant of the law, but rather that he deemed himself to be above it.

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