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Cops Subject Man To Rectal Searches, Enemas And A Colonoscopy In Futile Effort To Find Drugs
techdirt ^ | Wed, Nov 6th 2013 5:34am | Tim Cushing

Posted on 11/06/2013 11:30:33 PM PST by Kegger

click here to read article


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To: Alaska Wolf
Is your name David W. Eckert? http://www.theblaze.com/stories/2013/11/07/new-details-emerge-about-new-mexico-man-at-center-of-police-departments-anal-probing-controversy/ You are uninformed.

Doesn't matter. Eckert could have had a hundred convictions for transporting drugs in his anus. I still would want the cops fired and the docs' medical licenses suspended for what they did.

121 posted on 11/08/2013 10:19:13 AM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: PapaBear3625
Doesn't matter. Eckert could have had a hundred convictions for transporting drugs in his anus

I have very little compassion for repeat offenders.

122 posted on 11/08/2013 10:31:02 AM PST by Alaska Wolf (I)
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To: Alaska Wolf

So your position is that someone who is convicted of anything, forever thereafter forfeits all civil rights and is subject to harassment (up to and including torture) at the whim of any police officer he encounters?


123 posted on 11/08/2013 10:36:21 AM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: PapaBear3625
So your position is that someone who is convicted of anything

Anything? Not just anything and not just once. I have very little compassion for criminal repeat offenders. I'm not a bleeding heart liberal.

124 posted on 11/08/2013 10:40:34 AM PST by Alaska Wolf (I)
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To: ican'tbelieveit; DariusBane

These people in government are professionals at attempting to discredit people to rationalize their behavior...

They lie as a matter of routine and use the corrupt MSM as a vehicle to discredit their targets.

They do this on a daily basis.


125 posted on 11/08/2013 10:53:01 AM PST by dragnet2 (Diversion and evasion are tools of deceit)
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To: Alaska Wolf
My position is that, once you allow the precedent of cops being able to do that to somebody, then they will wind up being allowed to do it to ANYBODY.

In that world, pray you never encounter a cop with a chip on his shoulder towards you, whether it's from his deciding you were insufficiently respectful, or he just doesn't like your race, or you owe his brother money.

126 posted on 11/08/2013 10:56:58 AM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: PapaBear3625
My position is that, once you allow the precedent of cops being able to do that to somebody, then they will wind up being allowed to do it to ANYBODY.

I believe the cops were required to get a warrant from a county judge, weren't they?

127 posted on 11/08/2013 11:04:04 AM PST by Alaska Wolf (I)
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To: Alaska Wolf
I believe the cops were required to get a warrant from a county judge, weren't they?

Read the documents at the linked article. Although the judge authorized an "anal cavity search", a jury will likely find that the scope of what the cops did went far beyond what was authorized.

128 posted on 11/08/2013 12:00:29 PM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: PapaBear3625
Read the documents at the linked article

I have. That's why I posed the question to you. It seemed like you had not.

a jury will likely find that the scope of what the cops did went far beyond what was authorized

I wouldn't be so sure.

129 posted on 11/08/2013 12:12:15 PM PST by Alaska Wolf (I)
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To: Alaska Wolf

From the story you cite:

“Eckert’s attorney, Shannon Kennedy, told TheBlaze allegations that her client has previously been caught with drugs in his anal cavity are “completely baseless” and “false.”

“There’s no record, there’s no evidence,” she added. “We did a public records request and investigated that claim thoroughly and found nothing.””

So either public records exist or they don’t. I don’t care one way or the other. Citizens protected by the 4th Amendment cannot be treated the way he was. Police lacked probable cause. If they MANUFACTURED probable cause (counter indicated by the 4th Amendment) because of previous suspiciouns the Police should go to jail.


130 posted on 11/08/2013 12:26:30 PM PST by DariusBane (Liberty and Risk. Flip sides of the same coin. So how much risk will YOU accept?)
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To: DariusBane
Eckert’s attorney, Shannon Kennedy, told TheBlaze

Would you expect the attorney to state differently? She could be in for a big payday.

Man Seeks Millions After N.M. Police Force Colonoscopy in Drug Search U.S. News & World Report ‎- by Steven Nelson ‎- 2 days ago

Albuquerque civil rights attorney Shannon Kennedy is representing Eckert and says she is seeking "in excess of $1 million in punitive damages ...

131 posted on 11/08/2013 12:34:50 PM PST by Alaska Wolf (I)
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To: DariusBane
Police lacked probable cause. If they MANUFACTURED probable cause (counter indicated by the 4th Amendment) because of previous suspiciouns the Police should go to jail.

It might just be that "probable cause" is at the center of this. The reason they secured a warrant to search the guy's car and person was that the police dog had indicated there were drugs. If the dog is wrong too often (like, wrong more than half the time), then the cops can no longer declare "probable" (ie, more likely than not) cause for searches using that dog any more.

It's possible the cops could not afford to be wrong one more time.

132 posted on 11/08/2013 1:12:10 PM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: Alaska Wolf

Oh don’t worry, you won’t get pitty from me and a lot of others. You’ll get a lot of laughter when it’s your turn to be on the business end of your beloved police state. It’s only fitting for a horrible person like you.


133 posted on 11/08/2013 2:31:24 PM PST by Orangedog (An optimist is someone who tells you to 'cheer up' when things are going his way)
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To: Alaska Wolf

It is either a fact, or not a fact. It cannot be both.


134 posted on 11/08/2013 3:10:28 PM PST by DariusBane (Liberty and Risk. Flip sides of the same coin. So how much risk will YOU accept?)
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To: PapaBear3625

K-9 Teams are called in to manufacture probable cause all the time. They do this under the thin veneer of certification.

This dog was not current.


135 posted on 11/08/2013 3:11:51 PM PST by DariusBane (Liberty and Risk. Flip sides of the same coin. So how much risk will YOU accept?)
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To: Orangedog
Oh don’t worry

I'm not. How long were you incarcerated?

136 posted on 11/08/2013 4:53:30 PM PST by Alaska Wolf (I)
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To: DariusBane

You know what the attorney is stating is factual? How?


137 posted on 11/08/2013 6:30:47 PM PST by Alaska Wolf (I)
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To: Alaska Wolf

“You know what the attorney is stating is factual? How?”

That’s not what I said.

It’s really simple. A fact is a fact. The assertion is either true or it is not true.

It is immaterial in any case. The 4th Amendment does not get thrown away either way. It is instructive that the probable cause narrative just falls apart once it sees the light of day outside of the usual venue of cops, court rooms and officialdom. It is instructive in that these flimsy narratives are routinely constructed and used by cops and courts and we don’t often get to see them. In this case we did get to see the flimsy probable cause narrative and it just doesn’t stand the smell test. However the very flimsy nature of the presented probable cause narrative tells us that courts cops and officialdom has become lazy, arrogant in the application of probable cause. In this case we get to see it for what it is.

But to reiterate, whether or not a history of “anal bundling” exist, it in no way strengthens the very fragile probable cause narrative presented by these officers.


138 posted on 11/08/2013 7:54:47 PM PST by DariusBane (Liberty and Risk. Flip sides of the same coin. So how much risk will YOU accept?)
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To: DariusBane
The assertion is either true or it is not true.

Of course. So tell me, Carnac, how do you already know what is a fact and what is true when there hasn't been a trial.

139 posted on 11/08/2013 8:09:12 PM PST by Alaska Wolf (I)
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To: Alaska Wolf

Gee, if you had bothered to read my post I said it is immaterial whether or not the P.D.’s assertion of him using an anal purse is true or not.


140 posted on 11/08/2013 8:12:09 PM PST by DariusBane (Liberty and Risk. Flip sides of the same coin. So how much risk will YOU accept?)
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