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colon_intestines_xray_photo_nyreblog_com_.JPGBecause they suspected he was in possession of drugs, the officers secured a search warrant allowing them to search J. Colon and his car.

Finding no drugs, Colon was taken to the precinct where police performed a patdown search that yielded a gravity knife and some cash. Still unsatisfied, Colon was subjected to a strip and a visual-cavity search, which resulted in the retrieval of some 29 glassines of heroin wrapped in toilet paper, and other drugs secreted in the guy's buttocks.

After being found guilty of criminal possession of a controlled substance in the third degree, Colon appealed to the Appellate Division, First Department, challenging the legality of the officers' conduct.

Since the cops lacked information which would have triggered a "reasonable suspicion" that Colon was concealing drugs in a body cavity, the AD1 thought that search was unlawful. (Without sufficient facts, officers aren't permitted to "routinely" perform such searches or employ a "blanket policy.")

The belief that Colon was likely to be carrying drugs in his buttocks--because none were found in his clothing or car--wasn't enough to justify what transpired. As a result, the case against Colon was dismissed.

Not a bad end.

end_film_gif_nyreblog_com_.GIFTo view a copy of the Appellate Division's decision, please use this link: People v. Colon