Lawsuit: Drug search included colonoscopy (NM-triggered by minor traffic stop)

The Albuquerque Journal ^ | November 6, 2013 | Rick Nathanson / Journal Staff Writer

[CedarDave]

A Lordsburg man has filed a lawsuit in U.S. District Court in Albuquerque alleging that what started as a routine traffic stop ended with him being detained for 15 hours by police and subjected to eight invasive body searches, including a colonoscopy, in a futile attempt to find drugs.

The plaintiff, David W. Eckert, 54, alleges that Deming police officers and Hidalgo County sheriff’s deputies, using an invalid and expired warrant, took Eckert to the Gila Regional Medical Center in Silver City where he was subjected to two digital rectal exams; two X-rays, one of them to his chest area; three enemas, after which a hospital nurse and a police officer witnessed each of his bowel movements and examined his stools; and a forced sedation and colonoscopy.

Eckert protested each medical procedure, insisted he was not hiding drugs, and no drugs were found in his body at the conclusion of any of the screenings.

In addition, Gila Regional Medical Center billed Eckert for the law enforcement requested procedures – about $6,000 according to his attorney, Shannon Kennedy.

The incident that led to the lawsuit occurred about 2 p.m. on Jan. 2, as Eckert was leaving the Walmart parking lot in Deming and failed to come to a complete halt at a stop sign. Deming Police officer Chavez had him exit the vehicle and patted him down “without reasonable suspicion,” the lawsuit claims.

Though he was not under arrest during the January incident, Eckert was placed in handcuffs and taken to the Deming Police Department. Meanwhile, officers obtained a warrant to search Eckert’s car and his body, including his anal cavity.

[CedarDave]

Finally this story is getting some legs -- front page of today's ABQ Journal. Previously it was only on KOB-TV's investigation page, but it did have some limited coverage - one US News and World Report article reported an attorney saying "Hispanic officers may have targeted 'white boy' because they 'don't like him living in their community'."

Two FR articles have been posted with links to the KOB-TV investigation:

4 On Your Side looks into traffic stop gone horribly wrong for Lordsburg man

4 On Your Side reveals another traffic stop nightmare (NM - Follow up to earlier FR thread)

[CedarDave]

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[E. Pluribus Unum]

And they made him pick up the medical bills.

That is going to REALLY piss-off the civil trial jury.

[rktman]

Hopefully the dhs doesn’t get involved. Seems like they show up for just about everything these days. Might as well rename them the us police force and do away with all the local constables. Hope this guy wins the golden ticket.

[Vaquero]

did they at least buy the guy a lobster dinner, first??

this is like an Abner Louima story only with rubber gloves and lube(I think lube?), sans plunger.

sounds like a side story on Breaking Bad.

[George from New England]

Un f—— believable

If they can do this, nobody is safe.

[jsanders2001]

I’d like to read the probable cause affidavit to see how many lies I can spot in 30 seconds

[CedarDave]

From the follow-up Channel 4 story:

The drug dog (named LEO) wasn’t certified for drug detection and the doctors at Gila Regional Medical Center who performed the procedures may lose their licenses to practice medicine.

[Cringing Negativism Network]

Yup.

Albuquerque (I know it’s away from ABQ but still) has a monster problem on their hands.

No doubt at all.

[Responsibility2nd]

one US News and World Report article reported an attorney saying “Hispanic officers may have targeted ‘white boy’ because they ‘don’t like him living in their community’.”

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Whether this is “the reason” or not - I don’t know. But I suspected from the beginning there was something else driving this beyond reason. Perhaps it was personal, I think there is a backstory here that lead up to this.

[henkster]

If he didn’t sign a consent to treatment, they will have a problem with billing him. If he did, then the hospital can do so. I saw in the article he protested each procedure, so I guess he never signed.

But yes, it will piss off the jury. This sounds like a case where the plaintiff’s attorney can the tell opposing counsel to get out the checkbook and he’ll tell them when to stop writing the zeroes.

Hospitals routinely bill criminal suspects for police-ordered procedures, like blood draws in DUI cases. In no way should a criminal suspect be required to pay these costs.

Next thing you know your family will be charged for the bullet they put through your head, just like China.

[Cringing Negativism Network]

Hooray for the doctor they contacted first.

He refused to do the procedure.

[Black Agnes]

Unless the civil trial jury is made up of the same Hispanics that make up the police force and hospital staff.

[Dr. Sivana]

Now, under Obamacare, 50 year old men can purposefully drive past a speed trap with no seat belt. Step out of the car garbbing buttocks, and get a free colonoscopy.

[Responsibility2nd]

Two FR articles have been posted with links to the KOB-TV investigation:

Umm... No. More like 4 or five. With more to come - I can gurarantee you.

The latest thread (besides this one) was just posted a few minutes ago.

[deport]

Here's another thread on the topic in addition to the two you linked..

‘YOU COULD NEVER ANTICIPATE THIS HAPPENING IN THE UNITED STATES OF AMERICA’

[Black Agnes]

Except it wasn’t free, it was $6000. And likely not of any diagnostic use either as they were only looking for drugs, not anomalies.

[Hardastarboard]

Shout out to the ABQ authorities - I have solid evidence that Barack 0bama, Bill Clinton, Terry McAuliffe, Nancy Pelosi, Harry Reid, and especially Chuck Schumer are all hiding drugs in their body cavities. You need to check them all thoroughly as soon as you can. This is urgent. Repeat, urgent.

[Wonder Warthog]

GGIH (Good God In Heaven). This is so totally outrageous that I don't have language sufficient to describe it. I hope the good people of Hidalgo County enjoy their new owner, because this is grounds for megamillion damages from the police agencies involved, the political entities that the police agencies worked for, and the hospital and the medical personnel involved.

The fact that the hospital personnel actually went along with this says that there are some very serious defects in their policies and training of both nurses, technicians and doctors. Any physician who took part should lose his/her license to practice medicine.

[Dr. Sivana]

Except it wasn’t free, it was $6000. And likely not of any diagnostic use either as they were only looking for drugs, not anomalies.

Other than that, it was just peachy.