Skip to comments.Lawsuit: Drug search included colonoscopy (NM-triggered by minor traffic stop)
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 sheriffs 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 Eckerts car and his body, including his anal cavity.
(Excerpt) Read more at abqjournal.com ...
Two FR articles have been posted with links to the KOB-TV investigation:
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That is going to REALLY piss-off the civil trial jury.
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.
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.
Un f—— believable
If they can do this, nobody is safe.
I’d like to read the probable cause affidavit to see how many lies I can spot in 30 seconds
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.
Albuquerque (I know it’s away from ABQ but still) has a monster problem on their hands.
No doubt at all.
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.
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.
Hooray for the doctor they contacted first.
He refused to do the procedure.
Unless the civil trial jury is made up of the same Hispanics that make up the police force and hospital staff.
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.
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.
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.
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.
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.
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.
They have another one up now at:
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.
True, DHS would say it happened within 100 miles of the border, therefore no 4th amendment rights are in force.
The brownshirt nanny state our drug warriors have longed for.
1. Collect a few million from the authorities.
2. Send the stasi cops back to Gutterville, MX
Obafemi Awolowo Univ., Medical School, Osun State, Nigeria
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...
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.................
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.
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.
US Snews report
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.
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.
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.
Especially when the SHTF..............
You forgot the '/s', I presume. Or are you a real p.o.s, as well?
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.
Deming is a dreary little burg...stopped there for breakfast once.
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.
Did you coin it? If so, get a copyright!
Can you give a cite/link of that 100mi thing?
I’d be especially interested in the legal-basis of it.
Are the Mexican drug cartels now in charge down there? This sounds like something they would do to intimidate people.
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.
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.
>>> This sounds like a case where the plaintiffs attorney can the tell opposing counsel to get out the checkbook and hell 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.
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.
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.