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Police forced man to have anal surgery during crazy drug search, now settling for $1.6 million
Daily Caller ^ | 01/16/2014 | Robby Soave

Posted on 01/17/2014 7:41:35 AM PST by Rusty0604

David Eckert–the man who was stopped by police, suspected of drug possession, driven to a hospital, driven to a second hospital, forced to undergo multiple invasive surgeries, and billed for the abuse after no drugs were found–has obtained a $1.6 million settlement with New Mexico local authorities.

(Excerpt) Read more at dailycaller.com ...


TOPICS: Miscellaneous
KEYWORDS: abuseofpower; cavitysearch; donutwatch; lawenforcement; leosoutofcontrol
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1 posted on 01/17/2014 7:41:35 AM PST by Rusty0604
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To: Rusty0604

That was a quick settlement.


2 posted on 01/17/2014 7:43:03 AM PST by glorgau
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To: Rusty0604
Heck they can give me some anal play for $1.6 million...but all jokes aside, what they put this poor guy through should never happen in the civilized world.
3 posted on 01/17/2014 7:45:40 AM PST by apillar
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To: glorgau

He still hasn’t settled his suit against the hospital.

I wonder if the cops involved are still on the job.


4 posted on 01/17/2014 7:45:49 AM PST by CaptainK (...please make it stop. Shake a can of pennies at it.)
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To: Rusty0604

Wouldn’t it be better to image the guy first?


5 posted on 01/17/2014 7:46:21 AM PST by Paladin2
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To: glorgau

The main thread from yesterday

http://www.freerepublic.com/focus/f-news/3112417/posts

indicates his suits against the doctors and the hospital that did that illegal search are still pending.


6 posted on 01/17/2014 7:46:50 AM PST by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: Rusty0604

The copz need to have their asses literally handed to them.


7 posted on 01/17/2014 7:47:07 AM PST by Paladin2
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To: apillar

I think they got off cheap. His lawyer should have pushed for at least double. Well what does he care he pocketed 40% for a no lose case.


8 posted on 01/17/2014 7:47:18 AM PST by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: apillar

$1.6 million is quite reasonable given the circumstances which, I suppose, is why the PD was so quick to settle. The nitwits involved ought to chip in on the liability insurance premium increase which will be one certain result.


9 posted on 01/17/2014 7:49:09 AM PST by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: CaptainK

That’s what I wonder. Those cops should do jail time.


10 posted on 01/17/2014 7:51:09 AM PST by Rusty0604
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To: Rusty0604

Meanwhile, the police absolved themselves on any wrongdoing.


11 posted on 01/17/2014 7:51:44 AM PST by Blood of Tyrants (The War on Drugs has been used as an excuse to steal your rights. Support an end to the WOD now.)
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To: Rusty0604

This case is an outrageous outrage, however, I don’t think the word “surgery” is precisely correct.


12 posted on 01/17/2014 7:51:54 AM PST by jocon307
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To: Rusty0604

Why can’t I get pulled over, suspected of hiding drugs in my a$$, arrested, “screwed” repeatedly, and awarded a settlement for millions of dollars?

Some people are just lucky I guess.

(This is satirical of course)


13 posted on 01/17/2014 7:53:11 AM PST by Tenacious 1 (Liberals can afford for things to go well, to work, for folks to be happy. They'd be out of work.)
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To: jocon307
This case is an outrageous outrage, however, I don’t think the word “surgery” is precisely correct.

I think the guy had to be anesthetized to get the tools up inside him? They may not have cut and sutured, but it was pretty invasive.

14 posted on 01/17/2014 7:55:14 AM PST by Tenacious 1 (Liberals can afford for things to go well, to work, for folks to be happy. They'd be out of work.)
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To: glorgau

It was quick because the lawyers told them that if it went to court, they would be on the hook for probably 10 times the amount.


15 posted on 01/17/2014 7:55:38 AM PST by Blood of Tyrants (The War on Drugs has been used as an excuse to steal your rights. Support an end to the WOD now.)
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To: Rusty0604
I have been a clinical pharmacist for 27 years. It has always been my impression that one cannot be forced to undergo a medical procedure against one’s will. Maybe this is a part of Obamacare that we don't know about.
Whoever performed the procedures should lose their license to practice.
16 posted on 01/17/2014 7:56:17 AM PST by Malichi (!)
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To: Rusty0604

How about a few more zeros on the right side and jail for the po-po


17 posted on 01/17/2014 7:56:36 AM PST by Ray76
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To: Rusty0604

I absolutely would not accept 60% of $1.6 million for what this guy was put through.

If the police officers and their supervisors haven’t all been fired and imprisoned then justice has not been done in this case and we should all quite literally watch our asses in the future.


18 posted on 01/17/2014 8:07:25 AM PST by Junk Silver
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To: Rusty0604

Hosptials and Doctors still to come. On the other hand, an Employee Of The Year parking spot for the doc at the first hospital who refused to perform the procedures.


19 posted on 01/17/2014 8:11:16 AM PST by Wolfie
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To: All
What's most frustrating about this case is that David Eckert, the probee, didn't win because of the anal probes; he won because he was anally probed outside the jurisdiction of a warrant.

Law enforcement had a search warrant to search the guy's body (I'd like to see the probable cause affidavit for that), but it was good only in Luna County.

A hospital physician in Luna County refused to perform the anal search on ethical grounds, so the police took the victim to a hospital in a different county.

Their search warrant was not valid there - not for the Hidalgo County sheriff's department, the Deming County police, the hospital where the probes were conducted, nor the physicians who performed the probes.

If the anal probes had been performed in Luna County, this may have been considered perfectly legal. That's distressing.

20 posted on 01/17/2014 8:15:52 AM PST by Scoutmaster (I'd rather be at Philmont)
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To: Paladin2

They did. A couple of digital exams, enemas, x-rays, and the colonoscopy. 8 medical procedures in all. The last of which were performed after the warrant had expired. IIRC, the hospital where this was done was also OUTSIDE of the warrant’s jurisdiction.


21 posted on 01/17/2014 8:16:45 AM PST by Wolfie
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To: glorgau

“New Mexico local authorities” means the citizens of Deming are going to the cleaners. On one hand I don’t like that, but on the other hand, the citizens of Deming have apparently been tolerating this behavior. They are ultimately the ones who are going to have to rectify the situation.

And I certainly hope the Hospital that did the procedures without legal warrants isn’t off the hook (The warrants they accepted were from out of jurisdiction, and out of date). They need to pay up as well.


22 posted on 01/17/2014 8:17:33 AM PST by Cyber Liberty (H.L. Mencken: "The urge to save humanity is almost always a false front for the urge to rule.")
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To: Scoutmaster

Well, it is a Drug WAR, after all.


23 posted on 01/17/2014 8:17:47 AM PST by Wolfie
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To: FReepers

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24 posted on 01/17/2014 8:21:18 AM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: Rusty0604
driven to a hospital, driven to a second hospital,

Kudos to the first hospital for refusing to aid the Stasi. They sound like a great place to go if you actually want a colonoscopy.

Remember the magic words "I'm allergic to that". Hospitals are scared of allergic reactions and you will put them in the position of not doing the procedure or doing it anyway after they have been fully informed of an allergy.

25 posted on 01/17/2014 8:24:56 AM PST by KarlInOhio (Republican amnesty supporters don't care whether their own homes are called mansions or haciendas.)
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To: Wolfie
If they did a colonoscopy and found nothing...... he won't have to have another one for 5 years!

(I'm kinda joking .... but kinda not)(:)

26 posted on 01/17/2014 8:29:54 AM PST by Ditter
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To: Paladin2

IIRC he had both X-rays and a ct scan.

Before they insisted on the invasive procedures.


27 posted on 01/17/2014 8:31:14 AM PST by Black Agnes
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To: Tenacious 1

There’s probably a long line of queers waiting...


28 posted on 01/17/2014 8:33:14 AM PST by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: Paladin2

They did, found nothing, and insisted on further procedures.


29 posted on 01/17/2014 8:41:20 AM PST by Boogieman
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To: Rusty0604

Does anyone else find it appropriate that the town paid. . . out the @ss ???? (evil grin)


30 posted on 01/17/2014 8:47:30 AM PST by Salgak (http://catalogoftehburningstoopid.blogspot.com 100% all-natural snark !)
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To: Rusty0604

He settled cheap.


31 posted on 01/17/2014 8:53:37 AM PST by muir_redwoods (When I first read it, " Atlas Shrugged" was fiction)
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To: Vigilanteman

The insurance provider should drop the policy unless the cops involved are removed from the force.


32 posted on 01/17/2014 9:03:36 AM PST by Farmer Dean (stop worrying about what they want to do to you,start thinking about what you want to do to them)
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To: Blood of Tyrants
Meanwhile, the police absolved themselves on any wrongdoing.

Yes, but they all went home safely that night.

And that's all that really matters.

33 posted on 01/17/2014 9:03:49 AM PST by Lazamataz (Early 2009 to 7/21/2013 - RIP my little girl Cathy. You were the best cat ever. You will be missed.)
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To: Farmer Dean

Now there is a source of corrective pressure I hadn’t considered.Insurance companies routinely dictate conditions to clients.


34 posted on 01/17/2014 9:09:55 AM PST by hoosierham (Freedom isn't free)
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To: Vigilanteman
. . . which, I suppose, is why the PD was so quick to settle.

It's not their money, so they don't care. The taxpayers got screwed also.

35 posted on 01/17/2014 9:14:08 AM PST by aimhigh
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To: Ditter

If you follow this back, the hospital actually sent him a bill for their “services.”


36 posted on 01/17/2014 9:14:44 AM PST by RightOnTheBorder
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To: Rusty0604; glorgau; apillar; CaptainK; Paladin2; Responsibility2nd; Jim from C-Town; ...
What's most frustrating about this case is that David Eckert, the probee, didn't win because of the anal probes; he won because he was anally probed outside the jurisdiction of a warrant. Law enforcement had a search warrant to search the guy's body (I'd like to see the probable cause affidavit for that), but it was good only in Luna County.
[…]
If the anal probes had been performed in Luna County, this may have been considered perfectly legal. That's distressing.

The Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
vs. Justice Alito in Kentucky v. King:
The Fourth Amendment expressly imposes two requirements: All searches and seizures must be reasonable; and a warrant may not be issued unless probable cause is properly established and the scope of the authorized search is set out with particularity.
[…]
The proper test follows from the principle that permits warrantless searches: warrantless searches are allowed when the circumstances make it reasonable, within the meaning of the Fourth Amendment, to dispense with the warrant requirement.
IOW, while the court acknowledges the requirements of the Fourth Amendment, the superior understanding of the Supreme Court repudiates the implicit requirement of a warrant to be required to effect the search or seizure of person or property.
IN THE GRIM DARKNESS OF THE FAR FUTURE THERE IS ONLY GOVERNMENT.
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The Modern Democratic Party & You
[Direct Link]

37 posted on 01/17/2014 9:28:22 AM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Vigilanteman

The case has a twist or two. Both the county and city were dragged in....so they split this up roughly 60/40. I think each had a liability insurance policy and dipped into it...meaning that they both both probably put up a quarter-million each. The insurance company will likely pay the rest, and then sock it to the county and city next year for a new higher rate.

As for the hospital and staff? They have an insurance policy, which I’d guess it goes up into the ten million range. There will be some discussions and likely work this out probably close to the maximum of the policy.

No one in the city or county government is happy about this, and it’s become a joke locally. Anybody could run in the next election and have a four-star advertisement to their advantage.

As for this guy? If I were him...I’d quietly leave the US and settle somewhere in Canada. This guy needs to put a fair distance between him and this community, and US cops.


38 posted on 01/17/2014 9:36:57 AM PST by pepsionice
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To: Boogieman
Physical probing is unscientific, medically unindicated claptrap then.

The quacks deserve to be sued and have their licenses revoked.

39 posted on 01/17/2014 9:41:18 AM PST by Paladin2
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To: Wolfie; Black Agnes

It’s be good to have some names of the quacks involved then.


40 posted on 01/17/2014 9:46:05 AM PST by Paladin2
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To: OneWingedShark; All

What also very much disturbs me about this (and other) cases, and I don’t understand it, is, it seems, the guy was not under arrest.

Please anybody correct me if I’m wrong, because I’ve been wondering about this for quite some time.

Had he been under arrest he’d have been entitled to (immediately, no?) get counsel from an attorney, correct?

And if he wasn’t under arrest, what right did they have to detain him or transport him in any way, to any where, for any purpose?

Now, I can understand doing a pat-down, turn out your pockets, that kind of thing even without placing someone under arrest, but this stuff?

Maybe I’m dumb to rely on what I’ve seen on TV, but I’ve seen a lot of “suspects” on TV say: either arrest me or I’m leaving. And then they leave and the cop or whoever says: OK, but don’t leave town.

I’m just not getting this stuff at all.


41 posted on 01/17/2014 9:55:12 AM PST by jocon307
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To: Rusty0604
I forget...what's the "War on Drugs" actually a war on?

Who's winning? What are they winning? Is it worth fighting the war?

Who's losing? What's being lost? Is it worth the cost? Can it be recovered? Should it be?

What's really happening here?

42 posted on 01/17/2014 10:02:51 AM PST by GBA (Here in the Matrix, life is but a dream.)
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To: Rusty0604

If you anally raped the cops in similarly dehumanising fashion, I wonder what they would settle for.


43 posted on 01/17/2014 10:15:48 AM PST by Anton.Rutter
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To: Tenacious 1

Don’t worry. As the rise of the police state continues, everyone will have a opportunity to be ‘lucky’ like this poor fellow.


44 posted on 01/17/2014 10:51:45 AM PST by Theoria (End Socialism : No more GOP and Dem candidates)
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To: Malichi
Evidently the state immediately started going after the physicians' licenses when this happened. The police had to take him to a second hospital after the first facility said they wouldn't do the requested exams.

All of this was based on a "hit" from a non-certified K9.

45 posted on 01/17/2014 10:59:19 AM PST by USNBandit (sarcasm engaged at all times)
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To: Rusty0604

Do you suppose the taxpayers of that jurisdiction are actually picking up the tab? I’ll bet the cops aren’t personally shelling out.


46 posted on 01/17/2014 10:59:24 AM PST by Mr. Dough (Who was the greater military man, General Tso or Col. Sanders?)
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To: USNBandit
All of this was based on a "hit" from a non-certified K9.

Certified...non-certified. It's a damn dog dying to 'please' his master. Outlaw sniffer dogs.

47 posted on 01/17/2014 11:05:39 AM PST by who knows what evil? (G-d saved more animals than people on the ark...www.siameserescue.org.)
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To: OneWingedShark

I’ve had a number of drug war supporters tell me that we are not a moral people, so the Constitution no longer applies.


48 posted on 01/17/2014 11:58:34 AM PST by Ken H (What happens on the internet, stays on the internet.)
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To: Ken H
I’ve had a number of drug war supporters tell me that we are not a moral people, so the Constitution no longer applies.

What I find amusing is the answers given when you ask the question by what authority does the federal government regulate drugs? Especially given that in order to regulate a particular substance [alcohol] a constitutional amendment was required, which has since been repealed, and no similar amendment exists for drugs.


If I'm feeling particularly clever I'll also show how the War on Drugs is Treason as defined by the Constitution... which, oddly, they never seem to have any counterargument to either.

49 posted on 01/17/2014 12:03:48 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Paladin2
Wouldn’t it be better to image the guy first?

The cop seemed to want to do multiple 'hands on" exams first.

50 posted on 01/17/2014 12:08:00 PM PST by ladyjane
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