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 ...
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.
Not just this guy now, another guy has come forward with almost an identical case; he failed to user a blinker when turning.
When I posted the first article yesterday, I was reminded of the guy they left in solitary confinement there for 2 years. That was in recent history.
It won’t be ABQ, it is a very small town in southern NM, Lordsburg.
This sounds like something they would do to intimidate people.
One account has it ethnic - Hispanics against Anglos.
Taxpayers of Deming (If there are any) will be picking up the tab for this one. Enjoy.
Deming,NM I couldn’t get out of that town fast enough when I traveled through.
Thank you, Eckert is from Lordsburg, that is why it stuck in my mind.
Do you have a link to that one? Just wondering. Knew someone with a ‘bad encounter’ in that part of New Mexico but it was 25 or so years ago.
Sorry, I said Lordsburg but it will be Deming. Eckert is from Lordsburg, but he was pulled over in Deming.
Yeap, CedarDave posted it last night: