First District Appellate Court Rules No State Action on Forced Catheterization of Defendant in Dui Prosecution and No Speedy Trial Violation

In this case, the defendant crashed her car with kids inside. She was taken to the hospital and was out of it. Hospital staff decided a forced cathetrization of her was medically necessary. She fought medical staff, leading officers to help the staff hold her down. She was initially charged with child endangerment, criminal damage and DUI. Later on, after the State received her medical records, additional charges of DUI based on drugs and cannabis were added over defense objection.

The appellate court decided there was no state action as far as the catheter was concerned, so there was no 4th Amendment violation. They also held that added charges were proper with no Speedy Trial violation because the delay in receipt of the medical records was due to a clerical error and not due to any fault of the State or the defense.

The case is People v. Ladina Sykes.

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