Police in South Dakota are collecting urine samples from uncooperative suspects through the use of force and catheters, a procedure the state’s top prosecutor says is legal but is criticized by others as unnecessarily invasive and a potential constitutional violation. The practice isn’t new, according to attorneys, but it’s been brought to light in a recent case in Pierre.

An attorney for a man charged with felony drug ingestion is asking a judge to throw out evidence from an involuntary urine sample, saying it violated his client’s constitutional rights. Dirk Landon Sparks was arrested March 14 after a report of a domestic disturbance. While in custody, officers with the Pierre Police Department observed Sparks fidgeting and his mood changing rapidly. A judge signed off on a search warrant for police to obtain blood or urine. READ MORE