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4 On Your Side looks into traffic stop gone horribly wrong for Lordsburg man
http://www.kob.com/article/stories/S3209305.shtml?cat=500 ^ | 11/4/13 | Chris Ramirez

Posted on 11/05/2013 5:28:49 AM PST by ican'tbelieveit

This 4 On Your Side investigation looks into the actions of police officers and doctors in Southern New Mexico. A review of medical records, police reports and a federal lawsuit show deputies with the Hidalgo County Sheriff’s Office, police officers with the City of Deming and medical professionals at the Gila Regional Medical Center made some questionable decisions.

The incident began January 2, 2013 after David Eckert finished shopping at the Wal-Mart in Deming. According to a federal lawsuit, Eckert didn’t make a complete stop at a stop sign coming out of the parking lot and was immediately stopped by law enforcement.

Eckert’s attorney, Shannon Kennedy, said in an interview with KOB that after law enforcement asked him to step out of the vehicle, he appeared to be clenching his buttocks. Law enforcement thought that was probable cause to suspect that Eckert was hiding narcotics in his anal cavity. While officers detained Eckert, they secured a search warrant from a judge that allowed for an anal cavity search.

The lawsuit claims that Deming Police tried taking Eckert to an emergency room in Deming, but a doctor there refused to perform the anal cavity search citing it was “unethical.”

But physicians at the Gila Regional Medical Center in Silver City agreed to perform the procedure and a few hours later, Eckert was admitted.

What Happened

While there, Eckert was subjected to repeated and humiliating forced medical procedures. A review of Eckert’s medical records, which he released to KOB, and details in the lawsuit show the following happened:

1. Eckert’s abdominal area was x-rayed; no narcotics were found.

2. Doctors then performed an exam of Eckert’s anus with their fingers; no narcotics were found.

3. Doctors performed a second exam of Eckert’s anus with their fingers; no narcotics were found.

4. Doctors penetrated Eckert’s anus to insert an enema. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.

5. Doctors penetrated Eckert’s anus to insert an enema a second time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.

6. Doctors penetrated Eckert’s anus to insert an enema a third time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.

7. Doctors then x-rayed Eckert again; no narcotics were found.

8. Doctors prepared Eckert for surgery, sedated him, and then performed a colonoscopy where a scope with a camera was inserted into Eckert’s anus, rectum, colon, and large intestines. No narcotics were found.

Throughout this ordeal, Eckert protested and never gave doctors at the Gila Regional Medical Center consent to perform any of these medical procedures.

“If the officers in Hidalgo County and the City of Deming are seeking warrants for anal cavity searches based on how they’re standing and the warrant allows doctors at the Gila Hospital of Horrors to go in and do enemas and colonoscopies without consent, then anyone can be seized and that’s why the public needs to know about this,” Kennedy said.

Search Warrant Concerns

There are major concerns about the way the search warrant was carried out. Kennedy argues that the search warrant was overly broad and lacked probable cause. But beyond that, the warrant was only valid in Luna County, where Deming is located. The Gila Regional Medical Center is in Grant County. That means all of the medical procedures were performed illegally and the doctors who performed the procedures did so with no legal basis and no consent from the patient.

In addition, even if the search warrant was executed in the correct New Mexico county, the warrant expired at 10 p.m. Medical records show the prepping for the colonoscopy started at 1 a.m. the following day, three hours after the warrant expired.

“This is like something out of a science fiction film, anal probing by government officials and public employees,” Kennedy said.

No Comment

KOB reached out to the attorneys representing the defendants in the lawsuit and all declined to comment on the situation. The attorneys said it’s their personal policy not comment on pending litigation.

4 On Your Side Investigative Reporter Chris Ramirez cornered Deming Police Chief Brandon Gigante.

“As the police chief what reassurances could you give people when they come through your town that they won’t be violated or abused by your police officers?” Ramirez asked Chief Gigante.

“We follow the law in every aspect and we follow policies and protocols that we have in place,” Chief Gigante replied.

“Do you think those officers in this particular case did that?” Ramirez asked.

Gigante didn’t answer, instead he referred Ramirez to his attorney.

The Lawsuit

David Eckert is suing The City of Deming and Deming Police Officers Bobby Orosco, Robert Chavez and Officer Hernandez.

Eckert is also suing Hidalgo County Hidalgo County Deputies David Arredondo, Robert Rodriguez and Patrick Green.

Eckert is also suing Deputy District Attorney Daniel Dougherty and the Gila Regional Medical Center including Robert Wilcox, M.D and Okay Odocha, M.D.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; US: New Mexico
KEYWORDS: assault; cavitysearch; cruelandunusual; donutwatch; leoabuse; moronwithbadge; newmexico; police; policeabuse; stupidcoptricks; warriorcops
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“This is like something out of a science fiction film, anal probing by government officials and public employees,” Kennedy said.

There is something wrong in southern NM. In the last few years was the man left in jail for close to 2 years or something without charges, trial, medical care. Now this.

1 posted on 11/05/2013 5:28:50 AM PST by ican'tbelieveit
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To: ican'tbelieveit

This is insane.


2 posted on 11/05/2013 5:31:03 AM PST by Paradox (Unexpected things coming for the next few years.)
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To: ican'tbelieveit

First and foremost, hold the “judge” accountable for issuing the search warrant on such flimsy probable cause.


3 posted on 11/05/2013 5:32:02 AM PST by Yo-Yo
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To: ican'tbelieveit

Reminds me of my last IRS audit


4 posted on 11/05/2013 5:34:13 AM PST by AppyPappy (Obama: What did I not know and when did I not know it?)
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To: Paradox

I wonder if Eckert is working with real estate agents for some nice beach property in Malibu. And I think a Bugatti would be cool.

And he’ll be able to pay cash...


5 posted on 11/05/2013 5:34:48 AM PST by cuban leaf
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To: ican'tbelieveit

what an awful way to get rich for the rest of your life by winning multiple lawsuits

being probed by aliens - or waterboarded - would be gentler than this

he’s just lucky some cop didn’t drop some drugs into his crap


6 posted on 11/05/2013 5:35:01 AM PST by silverleaf (Age takes a toll: Please have exact change)
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To: ican'tbelieveit

Good for the ER doc in refusing to do it.

That said, socialized medicine will require all remaining doctors to be agents of the state.


7 posted on 11/05/2013 5:37:19 AM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: ican'tbelieveit

I do not know what this guy is complaining about, as he is probably the first one in the US to get ObamaCare.

This will soon be standard operating procedure!

/s


8 posted on 11/05/2013 5:38:56 AM PST by Darteaus94025 (Fascist President)
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To: Paradox; P-Marlowe

The cops thought he was clenching his buttocks when he got out of a car????

Is there anything more subjective a call than that? It means anyone can have this done at any time.

I’ve read there are now so many laws and regulations that every day every single American violates code a number of times. Anyone can be taken at any time. Nothing holds it back right now apparently other than the whim of those in authority.


9 posted on 11/05/2013 5:39:32 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: Yo-Yo

Judges have become nothing but a rubber stamp for police. Time and again, stories of cops getting warrants on very flimsy evidence.

Why in the world would doctors agree to do this? We know cops are unethical. Now doctors too?


10 posted on 11/05/2013 5:40:17 AM PST by LevinFan
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To: CedarDave

bump


11 posted on 11/05/2013 5:41:13 AM PST by Clinging Bitterly (R.I P. my old FRiend and neighbor Blackie Owens. Be ever vigilant!)
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To: Paradox

I hope this case of “government up your a**” gets this guy a million-dollar home and a Ferarri to plop his sore butt down into. You may say “why should the taxpayers pay?”...but they elected these people. They should pay. And pay. And pay. And it should hurt.


12 posted on 11/05/2013 5:41:35 AM PST by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: LevinFan

Hope he cleans their clocks good and hard.


13 posted on 11/05/2013 5:41:40 AM PST by Eric in the Ozarks ("Say Not the Struggle Naught Availeth.")
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To: ican'tbelieveit

Wait til he gets the bill for the colonoscopy!!!

I would report there so called physicians to the stare and have their licenses. Exposing a patient to a potentially dangerous procedure without consent is beyond the pale


14 posted on 11/05/2013 5:43:14 AM PST by Mom MD
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To: Paradox

This is insane.

...well, the tactics remind me of the location, of the proximity to Mexico, where police tactics know of no boundaries...


15 posted on 11/05/2013 5:45:27 AM PST by IrishBrigade
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To: Mom MD

I am still a bit shocked. Have I not woken up yet, still dreaming or something. I understand that the area is probably ravaged by drug traffickers. But, the doctors agreeing to this. I can’t imagine, the poor guy was probably out of his mind.


16 posted on 11/05/2013 5:47:58 AM PST by ican'tbelieveit
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To: Mom MD

LOL I hadn’t thought of that. Of course the hospital will send him a bill.


17 posted on 11/05/2013 5:50:22 AM PST by Mercat
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To: ican'tbelieveit

In New America, the penalty for not coming to a full stop is severe.


18 posted on 11/05/2013 5:50:35 AM PST by Brooklyn Attitude (Things are only going to get worse.)
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To: ican'tbelieveit
He's just lucky he didn't have his dog with him.
19 posted on 11/05/2013 5:53:26 AM PST by E. Pluribus Unum (Who knew that one day professional wrestling would be less fake than professional journalism?)
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To: ican'tbelieveit

I hope this guy wins a judgement against that police department that’s so large, they’ll be selling their office furniture, and that still wont be enough. I also hope he sues the hell out of that hospital, and goes after the doctors in court personally, one at a time.


20 posted on 11/05/2013 6:00:02 AM PST by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: steelyourfaith
Action User Date/Time
Append keyword "donutwatch"
steelyourfaith
11/05/2013 5:36:53 AM PST
Append keyword "stupidcoptricks"
steelyourfaith
11/05/2013 5:36:53 AM PST
Append keyword "warriorcops"
steelyourfaith
11/05/2013 5:36:53 AM PST
Append keyword "moronwithbadge"
steelyourfaith
11/05/2013 5:36:53 AM PST
Append keyword "police"
ican'tbelieveit
11/05/2013 5:28:50 AM PST
Append keyword "policeabuse"
ican'tbelieveit
11/05/2013 5:28:50 AM PST

You can knock it off with the keyword abuse...

21 posted on 11/05/2013 6:04:41 AM PST by Admin Moderator
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To: ican'tbelieveit
Sounds like a pack of sodomites got together to thoroughly "examine" some guy's bum. I wonder if they enjoyed their little jerk circle because it sounds like, if the victim has a jury trial, all those perverts involved are going to be in financial ruin for a long time.

The jack-booted thuggery is getting worse and worse.

22 posted on 11/05/2013 6:06:07 AM PST by Whats-wrong-with-the-truth
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To: ican'tbelieveit

I can’t believe I just read that this happened. In the United States of America.

Words fail me.


23 posted on 11/05/2013 6:06:35 AM PST by workerbee (The President of the United States is DOMESTIC ENEMY #1!)
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To: ican'tbelieveit

OBVIOUSLY, the guy had a bug up his butt.


24 posted on 11/05/2013 6:09:15 AM PST by cloudmountain
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To: ican'tbelieveit

Even worse, obamacare won’t cover the procedures.


25 posted on 11/05/2013 6:12:35 AM PST by muir_redwoods (Don't fire until you see the blue of their helmets)
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To: ican'tbelieveit

This guy is complaining?

He got a free colonoscopy and didn’t even have to come up with a co-pay.


26 posted on 11/05/2013 6:21:20 AM PST by glorgau
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To: Paradox
This is insane New Mexico.
27 posted on 11/05/2013 6:24:53 AM PST by S.O.S121.500 (Case back hoe for sale or trade for diesel wood chipper....Enforce the Bill of Rights. It's the Law!)
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To: ican'tbelieveit

The first time I ever saw the inside of a jail was in Deming. No, I was not in for a crime but rather with my dad. I was about 10 or 11 and my dad took me there to visit the men who worked there. He graduated from Deming High School in 1932 and we were on vacation visiting my grandparents. I think his goal was two-fold. One to see old friends but also to let me see what jail was like. I recall the guard saying, “Sorry but I can’t take him upstairs to where the women are.” It must have worked as I’ve been able to stay on the right side of the law all my life.


28 posted on 11/05/2013 6:27:20 AM PST by Portcall24
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To: Tijeras_Slim; Constitution Day; martin_fierro; Rebelbase

WTFIIWNM?


29 posted on 11/05/2013 6:33:38 AM PST by Travis T. OJustice (I'm not a gynecologist, but I'll take a look.)
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To: ican'tbelieveit

The bad news: some poor bast*rd wandered into the wrong side of the Twilight Zone.

The good news: he’ll soon own Lordsburg lock, stock, and barrel.


30 posted on 11/05/2013 6:34:40 AM PST by Jack Hammer (American)
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To: ican'tbelieveit

I’m reminded of the scene towards the very end of the movie Independence Day.


31 posted on 11/05/2013 6:36:46 AM PST by Manic_Episode (Some days...it's just not worth chewing through the leather straps....)
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To: ican'tbelieveit

Sue the shit out if them. Literally.


32 posted on 11/05/2013 6:40:27 AM PST by Resolute Conservative
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To: ican'tbelieveit; LegendHasIt; leapfrog0202; Santa Fe_Conservative; DesertDreamer; OneWingedShark; ..

NM list PING!

I may not PING for all New Mexico articles. To see New Mexico articles by topic click here: New Mexico Topics

To see NM articles by keyword, click here: New Mexico Keywords

To see the NM Message Page, click here: New Mexico Messages

(The NM list is available on my FR homepage for anyone to use. Let me know if you wish to be added or removed from the list.)

33 posted on 11/05/2013 6:45:54 AM PST by CedarDave
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To: ican'tbelieveit

This is a criminal offense. The officers involved need to be in jail, and the victim needs to be paid a few hundred million.


34 posted on 11/05/2013 6:53:04 AM PST by I want the USA back (Media: completely irresponsible traitors. Complicit in the destruction of our country.)
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To: xzins

***The cops thought he was clenching his buttocks when he got out of a car????***

If I get a letter from the IRS my butt automatically tightens.

Same for a traffic stop for no reason.
Same when I saw what Obamacare would cost me!


35 posted on 11/05/2013 6:54:43 AM PST by Ruy Dias de Bivar (Sometimes you need 7+ more ammo. LOTS MORE.)
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To: ican'tbelieveit

This is... disturbing on so many levels.


36 posted on 11/05/2013 6:58:36 AM PST by Robert Teesdale
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To: xzins
Is there anything more subjective a call than that?

Cops have stopped people passing through on a freeway, declared they "smelled something," searched the people and "arrested" their cash even when no drugs are found. They said they "smelled something." Not even a dog alerted. Yeah, they swim in a sea of "subjective."

Nobody is safe anywhere. They don't even go through the formality of demanding papers anymore.

37 posted on 11/05/2013 7:03:22 AM PST by Cyber Liberty (We're At That Awkward Stage: It's too late to vote them out, too early to shoot the bastards.)
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To: ican'tbelieveit

Wow I just found a webcase of this, the medical center BILLED the guy for all the procedures.

They billed him.

And they’re threatening him, if he doesn’t pay.


38 posted on 11/05/2013 7:19:24 AM PST by Cringing Negativism Network
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To: Paradox

If nothing else those doctors and that hospital should never have agreed to those procedures. Unbelievable!!


39 posted on 11/05/2013 7:23:55 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Yo-Yo

The judge should

1) be personally liable for punitive damages

2) lose his job

3) be required to think of a different reason every day for a month why someone might clench his buttocks, and stand at the busiest corner in town with that reason on a placard.

Apply that to the police too.

The doctors, malpractice suit and assault charges. A colonoscopy is not a risk-free procedure - there are reactions to the anesthesia, and the risk of perforation of the intestinal wall. The police might have snowed them with “he’s probably got 300 condoms filled with heroin/cocaine in his gut. If they burst he’ll die. You’re saving his life!”


40 posted on 11/05/2013 7:30:02 AM PST by heartwood
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To: ican'tbelieveit

:: after law enforcement asked him to step out of the vehicle ::

I think I see your problem here, Mr. Eckert.

He made a “rolling-stop” coming out of private property. What reasons would an officer have to have Mr. Eckert leave his vehicle?

Note to self...decline the request and ask for probable cause.

“Clutching his buttocks” or just hitching up his drawers after getting out?


41 posted on 11/05/2013 7:42:23 AM PST by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alterations - The acronym explains the science.)
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To: heartwood

Everyone of the law enforcement personnel involved in this should be given the Vlad Tepes treatment alongside the Sherrif’s office and left there to rot.

And yes, I am calling for the killing of so called law enforcement officers. These fascist pigs deserve to die as a warning to the rest of their foul ilk that we the people have had just about enough of this crap.


42 posted on 11/05/2013 7:44:01 AM PST by Zippo44 (Liberal: another word for poltroon.)
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To: cuban leaf
I wonder if Eckert is working with real estate agents for some nice beach property in Malibu. And I think a Bugatti would be cool.
And he’ll be able to pay cash...

I wonder how this will affect my property tax bill for the vacant land I own near Deming?
The whole county isn't worth much. Eckert may end up owning all of it.

43 posted on 11/05/2013 7:44:35 AM PST by oldbrowser (The debt limit is the emergency brake on government spending)
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To: ican'tbelieveit

Validates that “BOHICA” (Navy jargon) does and will happen with our out of control law enforcement/government.


44 posted on 11/05/2013 7:44:48 AM PST by Huskerfan44 (Huskerfan44 (22 Yr, Navy Vet))
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To: ican'tbelieveit

Though in no way condoning what the police did, I wonder if he had a record and was under surveillance for drug trafficking. The cops used a rolling stop sign violation as an excuse to search him. But obviously they went way too far in their actions.


45 posted on 11/05/2013 7:45:19 AM PST by CedarDave
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To: ican'tbelieveit

Is there something missing here?

Is it normal for LEOs to request someone to “step out of the car” for a traffic stop?


46 posted on 11/05/2013 7:45:45 AM PST by JohnG45
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To: KoRn

I hope this guy wins a judgement against that police department that’s so large, they’ll be selling their office furniture, and that still wont be enough.

Exactly. The judgement should include shutting down the PD and reestablishhing it from top to bottom. oh, and, give them a restraining order that requires them not to operate in any manner until they have re-established full straffing and man-power. Even the local administrative assitant should be required to re-aply and interview for his/her old job.


47 posted on 11/05/2013 7:47:12 AM PST by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alterations - The acronym explains the science.)
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To: ican'tbelieveit

His Attorneys can start sizing up which Gulfstream they want right now.


48 posted on 11/05/2013 7:53:10 AM PST by moehoward
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To: ican'tbelieveit

He should own the entire state by the time this is over.


49 posted on 11/05/2013 7:58:17 AM PST by Sloth (Rather than a lesser Evil, I voted for Goode.)
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bflr


50 posted on 11/05/2013 8:07:20 AM PST by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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