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People v. Young6/30/2004
onable' per se under the Fourth Amendment, nor violations of 'due process' procedures guaranteed by the Fifth and Fourteenth Amendments." (People v. Scott, supra, 21 Cal.3d at p. 293.) We are also careful to note the violation of section 4030 does not determine the reasonableness of a search. (E.g. People v. Wade, supra, 208 Cal.App.3d at p. 308; People v. Esayian, supra, 112 Cal.App.4th at p. 1040.) However, a gross violation of a statute intended to protect the health and dignitary interests of individuals is not irrelevant to our inquiry. (See § 4030, subds. (a) & (k).) We find four officers holding Young's limbs over the trunk of a car, while another officer penetrated his rectal cavity, was quite literally a "[method] too close to the rack and the screw to permit of constitutional differentiation." (Rochin v. California, supra, 342 U.S. at p. 172.) Further, the substantially intrusive search was not mitigated by any exigencies. We hold the unreasonable manner officers conducted the search violated Young's right to treatment within the "canons of decency and fairness." (Id. at p. 169.)
DISPOSITION
The judgment is reversed.
WE CONCUR:
McINTYRE, J.
AARON, J.
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