United States v. Mark Fowlkes

Opinion by Judge WARDLAW; Partial Dissent by Judge RESTANI.

OPINION

WARDLAW, Circuit Judge:

Mark Tyrell Fowlkes appeals his conviction for drug distribution and possession with intent to distribute. Fowlkes raises a number of claims on appeal, but only one has merit: that the forcible removal of drugs from Fowlkes’s rectum' by officers without medical training or a warrant violated his Fourth Amendment rights. Because we conclude that the evidence obtained from this brutal and physically invasive search should have been suppressed, we vacate Fowlkes’s conviction in part, vacate his sentence, and…