State v. Payano-Roman

¶ 64. {dissenting) . I agree with the court of appeals that the evidence obtained as a result of administering the laxative to the defendant, Tomas Payano-Roman, should have been suppressed. Six hours elapsed between the arrest and the administration of the laxative — more than enough time for the officers to get a search warrant. The officers did not try to get a search warrant. The evidence must be suppressed.

¶ 65. I agree with the majority opinion that the administration of the laxative was state action for the purposes of Fourth Amendment search and seizure analysis. I disagree, however,…