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'31. Even though prior searches resulted in no evidence of internal drug smuggling, the CBP Agents and Dr. Martinez continued the intrusion on ***’s body without her knowing, willful consent and without a warrant. Case 4:16-cv-00334-CKJ Document 1 Filed 06/08/16 Page 7 of 17
- 8 - 32. In fact, Dr. Martinez, a male physician, entered ***’s room and, after asking a few cursory questions, brutally invaded her body on a warrantless and unjustified search for contraband. 33. Dr. Martinez forcefully and digitally probed ***’s vagina and anus. 34. *** had never before been to a gynecologist and, for the remainder of her life, will always remember that her first pelvic and rectal exams were under the most inhumane circumstances imaginable to a U.S. citizen at a hospital on U.S. soil. 35. *** was shocked and humiliated by these exceedingly intrusive searches. That an audience of CBP Agents and Holy Cross staff observed her being probed compounded her feeling of degradation. 36. No drugs were found inside ***, who was then discharged from Holy Cross and transported, by CBP, back to the Port of Entry. 37. *** was released from custody without any charges at approximately 8:00 p.m., only after enduring roughly seven hours of dehumanizing, invasive and degrading searches. 38. Throughout the unreasonable searches of ***’s body cavities, she continually denied smuggling drugs internally and continually refused consent for each search. 39. At no point during the searches of *** did the CBP Agents obtain a warrant authorizing a search of her body
The searches conducted by the CBP Agents, Holy Cross and Dr. Martinez injured *** physically, mentally and emotionally. Her labia, vaginal opening, and anus were left raw and sore and she felt violated, demeaned and powerless as a result of the searches
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This has been going on for YEARS. That case was filed in 2016. I don't link the actual report here, which I have downloaded from PACER, but it names the patient specifically so I cannot include it here without doxxing. Using the case number you can find it in PACER yourself.
While I was at the hospital, one of the agents (CBPO 'Peterson' from Nogales Port of Entry) even joked to me he had recently done this to a trans man with a surgically placed penis. They accused the penis of being a drug smuggling apparatus and did this presumably to fuck with them for being trans. A SCBPO 'Sherry' from Nogales Port of Entry, the person in charge of taking me to the hospital, bragged to me about being paid $110/hr while working overtime taking people to the hospital on these searches, mentioning other innocent people who he had subjected and 'lamenting' the 'last guy' was detained for 3 whole days. His counterpart 'Peterson' bragged of buying a ~100k truck with the pay.
