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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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To: ican'tbelieveit

Hey, thanks. I missed that one.

Wonder what the MD’s were getting out of the repeat business.


61 posted on 11/06/2013 11:51:09 AM PST by Black Agnes
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To: tsomer

Sorry, can’t claim authorship on that - I borrowed the term from multiple uses by W.E.B. Griffin in his various military tomes.


62 posted on 11/06/2013 11:51:49 AM PST by T-Bird45 (It feels like the seventies, and it shouldn't.)
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To: ican'tbelieveit
Thank you, Eckert is from Lordsburg, that is why it stuck in my mind.

Lordsburg, even smaller than Deming!

63 posted on 11/06/2013 12:12:13 PM PST by CedarDave
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To: Black Agnes; ican'tbelieveit
Hey, thanks. I missed that one.

Here's another from UK's Daily Mail:

Routine traffic stop results in nightmare 14-hour anal cavity search at hospital for male driver who 'failed to halt at stop sign'

64 posted on 11/06/2013 12:19:34 PM PST by CedarDave
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To: Black Agnes
It's happened again.


Another Minor Traffic Stop in New Mexico, Another Serious Violation of a Man’s Body – Same Exact Police Dog


A man in New Mexico was pulled over by police for a minor traffic violation. When officers said a K-9 unit sniffed drugs on the driver’s seat, the officers forced the man to undergo invasive medical procedures, including an anal exam.

It may sound nearly identical to David Eckert’s nightmarish story as reported by TheBlaze Tuesday, but this is an entirely different incident.

It does, however, involve the same uncertified drug-sniffing dog in New Mexico. The dog’s name is Leo.

65 posted on 11/06/2013 12:34:17 PM PST by Bratch
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To: E. Pluribus Unum

I live in the area and told my hubby if I was called for jury on this one all I would need to know is how much money the man could be awarded. We know quite a few LEO here but don’t know any of the LEO involved in this, I am amazed this happened around here- really.

I read an article this morning that said there was another man that got the same treatment from the same LEO agencies and same hospital...crazy- just can’t imagine the stupidity of it all.


66 posted on 11/06/2013 12:35:30 PM PST by Tammy8
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To: henkster
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.

Spot on.

The bill will help to lock the case down, IMHO.

67 posted on 11/06/2013 12:52:25 PM PST by Gamecock (Many Atheists take the stand: "There is no God AND I hate Him.")
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To: ican'tbelieveit

In Mr. Slevin’s case the jail warden should be put in solitary for two years, and then shot.


68 posted on 11/06/2013 1:50:25 PM PST by pallis
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To: Tammy8
I read an article this morning that said there was another man that got the same treatment from the same LEO agencies and same hospital...crazy- just can’t imagine the stupidity of it all.

They're just practicing for when Ubama declares martial law.

69 posted on 11/06/2013 1:54:14 PM PST by E. Pluribus Unum (Who knew that one day professional wrestling would be less fake than professional journalism?)
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To: T-Bird45

Looks like I’d better read one of those.


70 posted on 11/06/2013 6:51:34 PM PST by tsomer
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To: tsomer

Fair warning: they can be addicting, especially his early efforts from the 1980s. I recommend you start with The Lieutenants to see how you like his work.


71 posted on 11/07/2013 1:00:49 AM PST by T-Bird45 (It feels like the seventies, and it shouldn't.)
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To: CedarDave
Not sure if the update has made it to FR yet:

City, county settle in controversial anal probing case

Here is the settlement breakdown: Hidalgo County will pay $650,000 and the City of Deming will pay $950,000....

There is no resolution yet with the doctors, the hospital or the assistant district attorney.

72 posted on 01/14/2014 3:16:30 PM PST by ican'tbelieveit
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To: ican'tbelieveit

The doctors and hospital have deeeeeep pockets. Hopefully they’ll be picked clean for executing a warrant that wasn’t only expired but wasn’t even for the county they were in.


73 posted on 01/14/2014 3:17:33 PM PST by Black Agnes
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