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Lawsuit: Drug search included colonoscopy (NM-triggered by minor traffic stop)
The Albuquerque Journal ^ | November 6, 2013 | Rick Nathanson / Journal Staff Writer

Posted on 11/06/2013 7:34:25 AM PST by 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.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: New Mexico
KEYWORDS: cavitysearch; donutwatch; drugs; police; wod
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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)

1 posted on 11/06/2013 7:34:25 AM PST by CedarDave
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To: LegendHasIt; leapfrog0202; Santa Fe_Conservative; DesertDreamer; OneWingedShark; CougarGA7; ...

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.)
(For ABQ Journal articles requiring a subscription, scroll down to the bottom of the page to view the article for free after answering a question or watching a short video commercial.)

2 posted on 11/06/2013 7:36:00 AM PST by CedarDave
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To: CedarDave
And they made him pick up the medical bills.

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

3 posted on 11/06/2013 7:37:56 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: CedarDave

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.


4 posted on 11/06/2013 7:38:38 AM PST by rktman (Let sleeping wives lie.)
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To: CedarDave

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.


5 posted on 11/06/2013 7:42:14 AM PST by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.as a)
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To: CedarDave

Un f—— believable

If they can do this, nobody is safe.


6 posted on 11/06/2013 7:42:42 AM PST by George from New England (escaped CT in 2006, now living north of Tampa)
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To: George from New England

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


7 posted on 11/06/2013 7:45:33 AM PST by jsanders2001
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To: 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.


8 posted on 11/06/2013 7:45:50 AM PST by CedarDave
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To: E. Pluribus Unum

Yup.

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

No doubt at all.


9 posted on 11/06/2013 7:46:11 AM PST by Cringing Negativism Network
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To: CedarDave

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.


10 posted on 11/06/2013 7:46:45 AM PST by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: E. Pluribus Unum

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.


11 posted on 11/06/2013 7:48:15 AM PST by henkster (Communists never negotiate.)
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To: CedarDave

Hooray for the doctor they contacted first.

He refused to do the procedure.


12 posted on 11/06/2013 7:48:26 AM PST by Cringing Negativism Network
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To: E. Pluribus Unum

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


13 posted on 11/06/2013 7:48:39 AM PST by Black Agnes
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To: CedarDave

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.


14 posted on 11/06/2013 7:48:48 AM PST by Dr. Sivana (There's no salvation in politics.)
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To: CedarDave
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.

15 posted on 11/06/2013 7:49:46 AM PST by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: CedarDave
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’


16 posted on 11/06/2013 7:51:26 AM PST by deport
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To: 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.


17 posted on 11/06/2013 7:51:56 AM PST by Black Agnes
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To: CedarDave

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.


18 posted on 11/06/2013 7:57:22 AM PST by Hardastarboard (You can keep your doctor - if you lock him in your basement.)
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To: CedarDave
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.

19 posted on 11/06/2013 7:58:25 AM PST by Wonder Warthog
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To: 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.

Other than that, it was just peachy.
20 posted on 11/06/2013 7:59:40 AM PST by Dr. Sivana (There's no salvation in politics.)
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To: deport

Thanks. If it’s in “Chat” with no title referencing New Mexico or “New Mexico” is not in the topics or as a keyword, I likely will miss it. I just put “New Mexico” in as a keyword.


21 posted on 11/06/2013 8:00:54 AM PST by CedarDave
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To: CedarDave

They have another one up now at:

http://www.freerepublic.com/focus/f-news/3088137/posts


22 posted on 11/06/2013 8:03:44 AM PST by deport
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To: CedarDave
and the doctors at Gila Regional Medical Center who performed the procedures may lose their licenses to practice medicine.

Sweet! Hopefully that will serve as a warning for any other doctors who might consider participating in government ordered medical procedures.

One trick that might work is claiming an allergy. Any drug they try to give you claim to be allergic. Even claim to be allergic to the latex in their gloves so they have to get other ones. The doctors don't have the time to check whether you actually do have an allergy and they will be scared to perform a non-emergency procedure when they have been informed there is a risk of allergic reaction.

23 posted on 11/06/2013 8:08:32 AM PST by KarlInOhio (Everyone get online for Obamacare on 10/1. Overload the system and crash it hard!)
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To: rktman

True, DHS would say it happened within 100 miles of the border, therefore no 4th amendment rights are in force.


24 posted on 11/06/2013 8:10:30 AM PST by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: CedarDave

The brownshirt nanny state our drug warriors have longed for.


25 posted on 11/06/2013 8:10:53 AM PST by Anton.Rutter
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To: CedarDave

1. Collect a few million from the authorities.
2. Send the stasi cops back to Gutterville, MX


26 posted on 11/06/2013 8:17:23 AM PST by soycd
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To: CedarDave

http://www.grmc.org/Doctor-Directory/O/Okay-H-Odocha-M-D-.aspx

Education
Obafemi Awolowo Univ., Medical School, Osun State, Nigeria


27 posted on 11/06/2013 8:19:10 AM PST by Black Agnes
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To: CedarDave

That’s just a good start on resolving this. Those chancre mechanics should never darken the door of a medical facility anywhwere as a doctor again. They shouldn’t even be a janitor on the third shift...


28 posted on 11/06/2013 8:21:40 AM PST by T-Bird45 (It feels like the seventies, and it shouldn't.)
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To: CedarDave

And to think I just paid a grand for a colonoscopy and all I needed to do was speed in New Mexico and scratch my butt.................


29 posted on 11/06/2013 8:22:34 AM PST by Red Badger (Proud member of the Zeta Omicron Tau Fraternity since 2004...................)
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To: E. Pluribus Unum

Wrong county for warrant;expired warrant;no probable cause-so many things wrong.

this guy should win a buttload of lawsuit money and run for mayor and then fire the all the cops involved and cut their budget.


30 posted on 11/06/2013 8:27:04 AM PST by TurboZamboni (Marx smelled bad & lived with his parents most his life.)
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To: Responsibility2nd

I agree, when I read it was NM I suspected this and then when I read the surnames of those involved then I have a reasonable assumption that this was an anti-white crime as well.


31 posted on 11/06/2013 8:59:41 AM PST by junta ("Peace is a racket", testimony from crime boss Barrack Hussein Obama.)
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To: junta

US Snews report

http://www.usnews.com/news/articles/2013/11/05/man-seeks-millions-after-nm-police-force-colonoscopy-in-drug-search


32 posted on 11/06/2013 9:05:04 AM PST by junta ("Peace is a racket", testimony from crime boss Barrack Hussein Obama.)
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To: Red Badger

Well, you know cops have a dangerous job. They`re always first in the crack of danger and it all could blow up in their face at any time.


33 posted on 11/06/2013 9:05:50 AM PST by Anton.Rutter
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To: CedarDave

No criminal charges against the thug cops and evil doctors have been filed yet. This is a case begging to go before a jury in a criminal trial.

And this isn’t the first time something like this has happened to victims in Deming.


34 posted on 11/06/2013 9:11:05 AM PST by pallis
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To: Responsibility2nd
Perhaps it was personal, I think there is a backstory here that lead up to this.

Ya, I think that's a pretty safe bet. I'm not going to jump to the knee-jerk reaction that it was any kind of racial thing. It may be that the local cops just knew something about this guy (i.e. maybe he was some kind of REAL p.o.s. that just needed to have this done to him). We'll probably never know.

35 posted on 11/06/2013 9:11:06 AM PST by NurdlyPeon (It is the nature of liberals to pervert whatever they touch.)
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To: Anton.Rutter

Especially when the SHTF..............


36 posted on 11/06/2013 9:16:46 AM PST by Red Badger (Proud member of the Zeta Omicron Tau Fraternity since 2004...................)
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To: NurdlyPeon
Ya, I think that's a pretty safe bet. I'm not going to jump to the knee-jerk reaction that it was any kind of racial thing. It may be that the local cops just knew something about this guy (i.e. maybe he was some kind of REAL p.o.s. that just needed to have this done to him). We'll probably never know.

You forgot the '/s', I presume. Or are you a real p.o.s, as well?

37 posted on 11/06/2013 9:32:43 AM PST by Ken H (What happens on the internet, stays on the internet.)
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To: CedarDave

I have read a few different accounts of this story, and for the life of me, I do Not understand why every last person involved is NOT IN PRISON FOR FELONY KIDNAPPING AND FELONY RAPE and Facing the DEATH PENALTY.


38 posted on 11/06/2013 9:34:18 AM PST by eyeamok
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To: pallis

Deming is a dreary little burg...stopped there for breakfast once.


39 posted on 11/06/2013 9:35:26 AM PST by ErnBatavia (The 0baMao Experiment: Abject Failure)
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To: ErnBatavia

Yeah, I spent the first thirteen years of my life there, and a little time there after I left home at fifteen. I don’t know how it is now, but back then, there was nothing for anyone. Even the big fish were little.


40 posted on 11/06/2013 9:45:38 AM PST by pallis
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To: T-Bird45
"Those chancre mechanics ..."

Hilarious!

Did you coin it? If so, get a copyright!

41 posted on 11/06/2013 9:49:31 AM PST by tsomer
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To: andyk

Can you give a cite/link of that 100mi thing?
I’d be especially interested in the legal-basis of it.


42 posted on 11/06/2013 9:59:48 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: CedarDave

Are the Mexican drug cartels now in charge down there? This sounds like something they would do to intimidate people.


43 posted on 11/06/2013 10:01:57 AM PST by Gritty (Progressives see themselves as saints, opponents as Satanists; that justifies anything-D. Horowitz)
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To: Pride in the USA; Stillwaters

I heard Rush talking about this today. It’s unbelievable! There isn’t room for enough zeros at the end of the check Albuquerque should have to pay to this guy.


44 posted on 11/06/2013 10:06:50 AM PST by lonevoice (Today I broke my personal record for most consecutive days lived)
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To: OneWingedShark
Sure, here's one for you:

http://www.wired.com/threatlevel/2008/10/aclu-assails-10/

Here's the "summary" from the DHS. They neglect to mention the new power they have to set up border checkpoints away from the border. These just apply to "electronic media" searches, but we all know how those limitations start out.

http://www.dhs.gov/news/2009/08/27/new-directives-border-searches-electronic-media
45 posted on 11/06/2013 10:14:33 AM PST by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: Black Agnes
http://www.grmc.org/Doctor-Directory/O/Okay-H-Odocha-M-D-.aspx

Education
Obafemi Awolowo Univ., Medical School, Osun State, Nigeria

Get used to it. With ObamaCare, we are going to have to import third-world doctors to do the jobs Americans won't do.

46 posted on 11/06/2013 10:20:07 AM PST by magellan
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To: henkster

>>> 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. <<<

This guy is never going to have to work again.

Now, as for the LEOs, doctors and hospital administrators.... Those people should spend a lot of time behind bars where they can get a real education in anal procedures.


47 posted on 11/06/2013 10:26:02 AM PST by AFreeBird
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To: CedarDave

How many cops will denounce this or just ignore it while hiding behind the Thin Blue Line?

This is the type of crap as to why people no longer trust the cops. I personally want the outlaws outlawed. We have little use for these abusive report writers.


48 posted on 11/06/2013 10:45:37 AM PST by CodeToad (Liberals are bloodsucking ticks. We need to light the matchstick to burn them off. -786 +969)
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To: henkster

I would be having my attorney going after everyone involved, hospital, doctors, and police department and officers personally. I would want their badges and bank accounts. There is no excuse for this level of abuse of power by the officers and the hospital.


49 posted on 11/06/2013 10:51:25 AM PST by sarge83
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To: jsanders2001

Clenched buttocks.


50 posted on 11/06/2013 11:30:00 AM PST by ican'tbelieveit
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