View Full Version : Clenched Buttocks, Multple Anal Probes, Colonoscopy, Drugs Found = Zero
lowbeyond
11-05-2013, 16:24
http://www.kob.com/article/stories/S3209305.shtml?cat=500#.UnkU8ngjvmG
Be sure to give that dog many steaks for the positive hit for drugs. And fersure medals to the cops invovled for using their training and experience to spot a furtive bottocks clench. Congrats to the judge too!
Oh and a nice touch that the center is sending him a bill for services rendered.
Un-frikken-belivable
WTF Over
4 On Your Side investigates traffic stop nightmare
Updated: 11/05/2013 7:21 AM | Created: 11/04/2013 10:35 PM
By: Chris Ramirez, KOB Eyewitness News 4
This 4 On Your Side investigation looks into the actions of police officers and doctors in Southern New Mexico.
A review of medical records, police reports and a federal lawsuit show deputies with the Hidalgo County Sheriff's Office, police officers with the City of Deming and medical professionals at the Gila Regional Medical Center made some questionable decisions.
The incident began January 2, 2013 after David Eckert finished shopping at the Wal-Mart in Deming. According to a federal lawsuit, Eckert didn't make a complete stop at a stop sign coming out of the parking lot and was immediately stopped by law enforcement.
Eckert's attorney, Shannon Kennedy, said in an interview with KOB that after law enforcement asked him to step out of the vehicle, he appeared to be clenching his buttocks. Law enforcement thought that was probable cause to suspect that Eckert was hiding narcotics in his anal cavity. While officers detained Eckert, they secured a search warrant from a judge that allowed for an anal cavity search.
The lawsuit claims that Deming Police tried taking Eckert to an emergency room in Deming, but a doctor there refused to perform the anal cavity search citing it was "unethical."
But physicians at the Gila Regional Medical Center in Silver City agreed to perform the procedure and a few hours later, Eckert was admitted.
What Happened
While there, Eckert was subjected to repeated and humiliating forced medical procedures. A review of Eckert's medical records, which he released to KOB, and details in the lawsuit show the following happened:
1. Eckert's abdominal area was x-rayed; no narcotics were found.
2. Doctors then performed an exam of Eckert's anus with their fingers; no narcotics were found.
3. Doctors performed a second exam of Eckert's anus with their fingers; no narcotics were found.
4. Doctors penetrated Eckert's anus to insert an enema. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
5. Doctors penetrated Eckert's anus to insert an enema a second time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
6. Doctors penetrated Eckert's anus to insert an enema a third time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
7. Doctors then x-rayed Eckert again; no narcotics were found.
8. Doctors prepared Eckert for surgery, sedated him, and then performed a colonoscopy where a scope with a camera was inserted into Eckert's anus, rectum, colon, and large intestines. No narcotics were found.
Throughout this ordeal, Eckert protested and never gave doctors at the Gila Regional Medical Center consent to perform any of these medical procedures.
"If the officers in Hidalgo County and the City of Deming are seeking warrants for anal cavity searches based on how they're standing and the warrant allows doctors at the Gila Hospital of Horrors to go in and do enemas and colonoscopies without consent, then anyone can be seized and that's why the public needs to know about this," Kennedy said.
Search Warrant Concerns
There are major concerns about the way the search warrant was carried out. Kennedy argues that the search warrant was overly broad and lacked probable cause. But beyond that, the warrant was only valid in Luna County, where Deming is located. The Gila Regional Medical Center is in Grant County. That means all of the medical procedures were performed illegally and the doctors who performed the procedures did so with no legal basis and no consent from the patient.
In addition, even if the search warrant was executed in the correct New Mexico county, the warrant expired at 10 p.m. Medical records show the prepping for the colonoscopy started at 1 a.m. the following day, three hours after the warrant expired.
"This is like something out of a science fiction film, anal probing by government officials and public employees," Kennedy said.
No Comment
KOB reached out to the attorneys representing the defendants in the lawsuit and all declined to comment on the situation. The attorneys said it's their personal policy not comment on pending litigation.
4 On Your Side Investigative Reporter Chris Ramirez cornered Deming Police Chief Brandon Gigante.
"As the police chief what reassurances could you give people when they come through your town that they won't be violated or abused by your police officers?" Ramirez asked Chief Gigante.
"We follow the law in every aspect and we follow policies and protocols that we have in place," Chief Gigante replied.
"Do you think those officers in this particular case did that?" Ramirez asked.
Gigante didn't answer, instead he referred Ramirez to his attorney.
The Lawsuit
David Eckert is suing The City of Deming and Deming Police Officers Bobby Orosco, Robert Chavez and Officer Hernandez.
Eckert is also suing Hidalgo County Hidalgo County Deputies David Arredondo, Robert Rodriguez and Patrick Green.
Eckert is also suing Deputy District Attorney Daniel Dougherty and the Gila Regional Medical Center including Robert Wilcox, M.D and Okay Odocha, M.D.
muddywings
11-05-2013, 16:28
holy shit!!! dude is going to be rich!
Drugs are bad mmmkay.
Hope that guy gets paid and paid well.
Yea I just read that earlier, why would he allow them to do such a thing, they can't force it on you and you have the right to legal representation,,,I don't get it but I am willing to bet he is about to be the new owner of deming n.m. after he sues there ass off.
Rooskibar03
11-05-2013, 16:38
http://www.theblaze.com/stories/2013/11/05/what-began-as-a-mans-simple-traffic-stop-ended-in-an-unfathomable-12-hour-ordeal-that-is-almost-too-horrific-to-believe/comment-page-5/#comment-6314819
1. Eckert’s abdominal area was X-rayed; no narcotics were found.
2. Doctors then performed an exam of Eckert’s anus with their fingers; no narcotics were found.
3. Doctors performed a second exam of Eckert’s anus with their fingers; no narcotics were found.
4. Doctors penetrated Eckert’s anus to insert an enema. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
5. Doctors penetrated Eckert’s anus to insert an enema a second time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
6. Doctors penetrated Eckert’s anus to insert an enema a third time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
7. Doctors then X-rayed Eckert again; no narcotics were found.
8. Doctors prepared Eckert for surgery, sedated him, and then performed a colonoscopy where a scope with a camera was inserted into Eckert’s anus, rectum, colon and large intestines. No narcotics were found.
you pull that with me and I'm going postal on you.
lowbeyond
11-05-2013, 16:42
hey! Remember!
None of you were there!
[Beer]
Yea I just read that earlier, why would he allow them to do such a thing, they can't force it on you and you have the right to legal representation,,,I don't get it but I am willing to bet he is about to be the new owner of deming n.m. after he sues there ass off.
They got a search warrant for his ass, it was then forced on him.
X-rays should of been enough. They went beyond.
Yea I just read that earlier, why would he allow them to do such a thing, they can't force it on you and you have the right to legal representation,,,I don't get it but I am willing to bet he is about to be the new owner of deming n.m. after he sues there ass off.
Uh, yeah, they CAN force it on you! Ask any LEO on this board. They have the guns and tazers, The People don't stand a chance. Resistance is futile. They may not have a LEGAL stance to force it on you, but try to resist and see what happens.
The only way you can fight it is after the fact, in court, at great expense. I hope that guy wins millions, AFTER all his legal expenses are paid.
Yea I just read that earlier, why would he allow them to do such a thing, they can't force it on you and you have the right to legal representation,,,I don't get it but I am willing to bet he is about to be the new owner of deming n.m. after he sues there ass off.
They are the ones with the guns. What do you think is going to happen if you resist? Rights? The cops don't care about your rights or his rights.
Repeat after me: Qualified Immunity... Nothing will happen to the cops, the judge, or the DA.... I repeat NOTHING. Especially after yesterdays ruling in Stanton v. Sims (per curiam).
The doctors will settle, that's what they have MP insurance for.
Drugs are bad mmmkay.
Hope that guy gets paid and paid well.
But (pun intended) it is the innocent residents of Deming and Hidalgo County that are going to pay through taxes. After the x-ray, everyone involved in pursuing the course of action should (pending a thorough, and costly investigation of course) have licenses, certifications, etc. stripped (pun again). They will all probably get paid while on leave and then get compensation for termination (if it comes to that) while in the employ of a governmental agency. "We the people" are who pay for government employees improper actions. Sorry for the soapbox, and I do think the guy was abused way beyond what was reasonable if the facts in the news report are accurate.
generalmeow
11-05-2013, 17:15
If you like your anal cavity search, you can keep it.
But (pun intended) it is the innocent residents of Deming and Hidalgo County that are going to pay through taxes.
Yes it is the taxpayers that will eventually pay. It matters who you hire and you are responsible for what they do in the course of their job.
I know, we're so far removed from it all at this point that those who pay have no control. We just dump our money through a hole in the wall and others spend it out of sight. Doesn't make it right but it is what it is.
SuperiorDG
11-05-2013, 17:43
That's a bunch of shit right there.
hurley842002
11-05-2013, 17:45
[MOD DELETED]
Pick random BS fights much?
Stevensje
11-05-2013, 17:53
That's a bunch of shit right there.
Great response. I don't believe it. There is more to the story.
https://www.ar-15.co/threads/118967-Clenched-Buttocks-Multple-Anal-Probes-Colonoscopy-Drugs-Found-Zero
BushMasterBoy
11-05-2013, 18:05
get it through your effing heads the po po ain't your friend...and yeah the insurance will cut a big fat check
http://www.scribd.com/doc/181824808/David-Eckert-lawsuit-documents
blacklabel
11-05-2013, 18:30
Jesus. They did everything short of just cutting him open. Damn.
On top of everything else, the hospital is billing Mr. Eckert for the procedures. The hospital can stick it up their a$$.
HoneyBadger
11-05-2013, 18:32
On top of everything else, the hospital is billing Mr. Eckert for the procedures. The hospital can stick it up their a$$.
Well, they already stuck it up his...
Rooskibar03
11-05-2013, 18:36
Missed it by that much. Should have refreshed pages before submit.
Dirty business. I bet the attorney is handling it pro bono. Badabump. [shithitsfan]
SideShow Bob
11-05-2013, 18:53
[MOD DELETED]
Now that comment was just ass-inine..............
[Mod: Yep, he's looking to start a fight he'll lose - alng with his ability to access this site for a month]
BushMasterBoy
11-05-2013, 19:31
Deming's economy (https://www.ar-15.co/wiki/Economy) is based on transportation, real estate, agriculture, energy, retirement, tourism, and the United States Department of Homeland Security (https://www.ar-15.co/wiki/United_States_Department_of_Homeland_Security).
According to Wikipedia DHS is a big factor in making a living in Deming...I do know that 41 miles south is the Mexican border and the little town of Columbus.
http://www.nbcnews.com/id/30522251/
blacklabel
11-05-2013, 19:33
Well, they already stuck it up his...
This is truly a situation where he should have gotten a reach around.
BPTactical
11-05-2013, 20:02
This entire episode is appalling and frightening.
What gets me is the gross incompetence of the medical staff.
Had they given him the prep laxative (polyethylene glycol) for a colonoscopy they would have made the rump wrangling unneccesary.
Unless they dig that kind of thing........
I don't know if the "Governmental Immunity" is an affirmative defense for the LE involved. For the judge, yes-he made a reasonable judgment as far as the SW.
But in my opinion the LE went waaay beyond "reasonable means and suspicion" by demanding the continued searches.
The X-rays should have been sufficient to asscertain the gent was not keester stashing contraband.
The man's gonna get paid out the ass........or is it up the ass?
I'm confused now......
Hey-how far from Roswell is this place? They do them weird alien things in Roswell.........
MileHighOutlaw
11-05-2013, 20:28
CHA CHING!!!!!!! payday
How many times would something like this have to be reported before you just wouldn't pull over anymore?
BushMasterBoy
11-05-2013, 20:34
The guy is just lucky he wasn't in NYC getting raped with a toilet plunger...
http://en.wikipedia.org/wiki/Abner_Louima (http://en.wikipedia.org/wiki/Abner_Louima)
Rooskibar03
11-05-2013, 20:52
They got a search warrant for his ass, it was then forced on him.
Search warrant or not, you try to force your way into my ass I'm going to fuck you up. I don't care how long I go to jail or what I'm charged with I'm going down swinging.
jerrymrc
11-05-2013, 21:05
This is truly a situation where he should have gotten a reach around.
I will agree on that one. It does look like a case of "Keep trying until you get the result you want". Common sense says after the first enema to call it a day and go home but the fact that the doctors went along with procedures past that means some other issues that due to the publicity will result in the state medical board becoming involved.
This will not bode well for many people. [shithitsfan][pick-me]
lowbeyond
11-05-2013, 21:17
Search warrant or not, you try to force your way into my ass I'm going to fuck you up. I don't care how long I go to jail or what I'm charged with I'm going down swinging.
STOP RESISTING!!!
STOP RESISTING!!!
STOP RESISTING!!!
STOP RESISTING!!!
STOP RESISTING!!!
100 million for each time I was violated. Would be the most expensive piece of ass on this planet.
So...
What is the price YOU put on your bottom?
Agent Fleming (http://www.imdb.com/name/nm0821041/?ref_=tt_trv_qu): Agent Hurly, I want you to give this scumbag a cavity search. I'm talking Roto-Rooter. Don't stop until you reach the back of his teeth.
Rooskibar03
11-05-2013, 21:29
STOP RESISTING!!!
STOP RESISTING!!!
STOP RESISTING!!!
STOP RESISTING!!!
STOP RESISTING!!!
Dont tase me bro.
Seriously. That would be an entire new level of resistance.
jerrymrc
11-05-2013, 21:31
100 million for each time I was violated. Would be the most expensive piece of ass on this planet.
And nobody wanted it. At least if your going to violate someone that will cost you big $$$ pull over Mila Kunis or Selena Gomez for Christ sakes. Miley would be no fun because she would want another. [LOL]
Wouldn't this also be a violation of his right to have an attorney present during questioning?
CHA-CHING Is right!
lowbeyond
11-05-2013, 21:51
Dont tase me bro.
Seriously. That would be an entire new level of resistance.
They would tase you beat you and if they severely injured or killed you many would say good beat down /taze/kill
Why? You failed to obey. You endangered the safety of the law enforcement officers by not meekly submitting to multiple forced entries of your anus.
Yep.
Wouldn't this also be a violation of his right to have an attorney present during questioning?
CHA-CHING Is right!
I don't think you have right to an attorney during a search. He was being searched not questioned. Hope they don't settle and this goes to court so questions like that get asked and maybe even answered.
BushMasterBoy
11-05-2013, 22:18
This article makes Deming PD look really bad...scratch NM as a vacation spot!
http://dailycaller.com/2013/11/05/horror-police-force-man-to-undergo-invasive-anal-surgery/
ANADRILL
11-06-2013, 08:27
What if he was clenching to take a shit, and thus was the reason he ran the stop sign, as he was in hurry to get home? It would have been funny during the initial probe, he just exploded..hahahaha
RonMexico
11-06-2013, 10:01
holy shit!!! dude is going to be rich!
Rich and without his cherry; Now everyone is gonna refer to him as the guy who got his ass finger blasted by the cops but didn't have drugs.
I think I would also be going after rape charges against the officers, the medical staff and the judge who authorized it.
Rich and without his cherry; Now everyone is gonna refer to him as the RICH guy who got his ass finger blasted by the cops but didn't have drugs.
FTFY
RonMexico
11-06-2013, 10:12
I think he should pass up the cash option and seek an eye for and eye justice..... Give this guy a Louisville slugger and 10 mins with each officer,judge, med personal and anyone else involved.
I'd add that to the list of things to go after. I would want to be set for life after some bs like this,
Obligatory SouthPark footage:
http://youtu.be/LS-h6ok6LcA
That might be my one of my LCPO's from the Navy. If it is him he retired in 2008ish and he moved to southern New Mexico. I think that they would have mentioned that in the article and could be a coincidence, but either way I hope that justice is served in a way that I would consider to be a lesson to all DHS / LE that would consider treating people this way. Make an example of them and throw all involved in jail for a couple years so that they can better sympathize with unwanted anal probing.
Zundfolge
11-06-2013, 13:11
Looks like same cop and dog did the same thing to ANOTHER guy.
http://www.theblaze.com/stories/2013/11/06/another-minor-traffic-stop-in-new-mexico-another-serious-violation-of-a-mans-body-same-exact-police-dog/
Looks like same cop and dog did the same thing to ANOTHER guy.
http://www.theblaze.com/stories/2013/11/06/another-minor-traffic-stop-in-new-mexico-another-serious-violation-of-a-mans-body-same-exact-police-dog/
The SAME DOG.
I knew it was the dogs fault. I better keep a closer eye on my dog, just in case she tries to pull some shit like this.
The citizens should band together and sue the department as a community.
RonMexico
11-06-2013, 13:32
Looks like same cop and dog did the same thing to ANOTHER guy.
http://www.theblaze.com/stories/2013/11/06/another-minor-traffic-stop-in-new-mexico-another-serious-violation-of-a-mans-body-same-exact-police-dog/
Shits crazy! Looks like that department has a few rapist in its ranks. I bet Bubba in County could use some fresh meat.
BushMasterBoy
11-06-2013, 13:45
I heard the new dessert in the Deming jail is "cocked fruittail"....
Damn, all the cops had to do is ask, if they wanted some drugs that bad I would have gone out and gotten them some as long as they stopped finger fuking me....sheesh,,,,,see what happens when dunkin doughnuts isn't open
It seems pretty obvious to me that the LEOs get their kicks doing this sort of thing.
lowbeyond
11-06-2013, 20:15
ive been thinking about this.
at first i was pissed but then i realized:
1. i was not there
2. hard decisions sometimes have to be made.
3. the WoD is the law, and the Law is the Law!
4. Most of you are just pussies who criticize for no reason
So i changed my mind, especially after i thought about it more, and realized that cops protect me and everyone else while we sleep
God speed officers. Don't let the cops haters bring you down !
Just don't clench, or they'll be probing your lowbeyond.
So two more instances of something similar to this? Sounds like a recipe to just exit your vehicle and shit in a straight line from the get go.
BushMasterBoy
11-06-2013, 20:41
It's a race thing say Eckerts attorney....
http://www.usnews.com/news/articles/2013/11/05/man-seeks-millions-after-nm-police-force-colonoscopy-in-drug-search
I guess this is the new "Obamacare" everybody is talking about! When is the FBI going to step in? Worthless .gov...
BPTactical
11-06-2013, 21:42
It's a race thing say Eckerts attorney....
http://www.usnews.com/news/articles/2013/11/05/man-seeks-millions-after-nm-police-force-colonoscopy-in-drug-search
I guess this is the new "Obamacare" everybody is talking about! When is the FBI going to step in? Worthless .gov...
Hell, where is "O" hisself?
Perfect time to get some press with: "The police acted stupidly."
How about good ol EH? Surely there is a Civil Rights violation in there somewhere?
ChadAmberg
11-06-2013, 21:50
It's pretty sad for me that the Gila Regional Med Center was involved, my wife ended up in a very bad way a few years ago, and was treated there for 10 days, 3 of 'em in the ICU in a coma. They really took great care of her and made me feel very comfortable while I was stuck there. The 2 Dr's involved didn't treat her at all, so that makes me feel a little better.
ive been thinking about this.
at first i was pissed but then i realized:
1. i was not there
2. hard decisions sometimes have to be made.
3. the WoD is the law, and the Law is the Law!
4. Most of you are just pussies who criticize for no reason
So i changed my mind, especially after i thought about it more, and realized that cops protect me and everyone else while we sleep
God speed officers. Don't let the cops haters bring you down !
?Sarcasm maybe? What part of forced anal cavity search protected you and me while we were sleeping? Taking it up the ass and being ok with it is not my style I guess. Law enforcement is necessary and right. When a leo betrays the public trust then it needs to be exposed and dealt with. You stirred a lot of shit and now want to walk away? Insulting "most" of the members of this site? Nice.
BushMasterBoy
11-06-2013, 22:57
Pussies? A mans Constitutional rights are egregiously violated and you think it is ok? Not only that, but the Deming Police Department has a history of this sort of "law enforcement". Incidents like this happen all the time and it costs us taxpayers a fortune. The only thing worse than a bad cop, is a corrupt judge. And it sounds like something is going terribly wrong in Deming, NM. I bet the Feds are watching Deming now! He calls us pussies...
It's a race thing say Eckerts attorney....
http://www.usnews.com/news/articles/2013/11/05/man-seeks-millions-after-nm-police-force-colonoscopy-in-drug-search
I guess this is the new "Obamacare" everybody is talking about! When is the FBI going to step in? Worthless .gov...
Damn, the guy was 63 years old? Incredible.
DavieD55
11-06-2013, 23:38
Oh boy, this incident sure pi--ed off a whole lot of people. I am not seeing much in the way of support for what they did to this guy.
BushMasterBoy
11-07-2013, 01:08
36089
Oh boy, this incident sure pi--ed off a whole lot of people. I am not seeing much in the way of support for what they did to this guy.
IMO, there's no reason on Earth to support what they did to him! Not even a little bit. Even a ticket for the original piddly traffic infraction would have been uncalled for. Failure to signal when leaving a WalMart parking lot led to all this? Suspicion of a 63 year old guy smuggling drugs in his ass?
DavieD55
11-07-2013, 04:41
One thing is for certain though, officers didn't find a buttload of drugs on that night. On a serious note, Hope all who participated in this are held responsible for their crimes.
lowbeyond
11-07-2013, 09:52
?Sarcasm maybe? What part of forced anal cavity search protected you and me while we were sleeping? Taking it up the ass and being ok with it is not my style I guess. Law enforcement is necessary and right. When a leo betrays the public trust then it needs to be exposed and dealt with. You stirred a lot of shit and now want to walk away? Insulting "most" of the members of this site? Nice.
duder.
dont like the drug laws well get them changed. until then they were just doing their jobs. they are blameless. take it up with their bosses and the politicians!
thank goodness the guy didn't resist, and just took it like a man! Else the cops would have been put in danger and may have not gone home safe that night. we all have to be thankful for that! after all if the officer is injured in his job, who will protect everyone else while they sleep?!?!
sounds like some of you should sign the eff up and help, maybe try and change the system from within. else ya know, somolia is waiting for you anarchists!!!!
PS even if there are other similar things that happened, well those people are just looking to be paid. so they are probably liars and cop haters. And even if there was another one, or two or three, they are still isolated incidents (tm)
lowbeyond
11-07-2013, 13:37
link to warrant (pdf)
http://www.popehat.com/wp-content/uploads/2013/11/Affadavit-for-Search-Warrant-Eckert-1-2-13.pdf
1. I Officer Robert Chavez was contacted by Sgt Detective Orosco in reference to a brown 1998 Dodge pick- up truck that failed to stop at the posted stop sign at the intersection of Deming Del-Sol and Pine Street.
2. I was traveling East bound on Pine Street and did locate the brown 1998 Dodge pick-up traveling West bound on Pine Street from Deming del-Sol.
3. I conducted a traffic stop with the brown 1998 Dodge pick-up displaying New Mexico JGS-31l with a VIN#3B7KC26Z9WM2742SS in the parking lot of 1021 E. Pine Street (Wal-Mart) parking lot.
4. I approached the driver who was later identified as David W. Eckert and informed him for the reason for the stop.
5. While speaking with Mr. Eckert I did notice that he was avoiding eye contact with me as I asked him for his driver's license, registration and proof of insurance.
6. As Mr. Eckert handed me the documents that were requested I did notice his left hand began to shake at which time I had Mr. Eckert step out of the vehicle. Once outside of the vehicle Mr. Eckert was asked if he had any weapons or anything else that might harm me which he stated "no".
7. I then conducted a Terry Pat Down on Mr. Eckert's person to search for any weapons which none were found.
8. While Mr. Eckert was standing outside of the vehicle I did notice his posture to be erect and he kept his legs together. A short time later I informed Mr. Eckert that a uniformed patrol Officer was coming to issue him a citation for the stop sign violation.
9. Officer Villegas did arrive and issued Mr. Eckert his citation for stop sign violation.
10. Mr. Eckert was then informed that he was free to go.
11. As Mr. Eckert turned to walk back towards his vehicle, I asked him for verbal consent to search his vehicle for any illegal narcotics andlor weapons at that time he did give consent.
12. I then asked Mr. Eckert if! could search his person for any illegal narcotics and/or weapons. At that time he stated that he had a problem with me searching his person.
13. I then informed Mr. Eckert that an open air search was going to be conducted on the vehicle and reminded him that he had given verbal consent to search his vehicle as well.
14. Hidalgo CountyK-9 Officer walked his K-9 around the vehicle which the K-9 alerted to the driver's side of the vehicle. A short time later the K-9 made entry into the cab of the vehicle and once again alerted to the driver's side seat.
15. Mr. Eckert was then informed of the K -9 alerting to the seat and was informed that a search warrant was going to be obtained. Hidalgo County K-9 Officer did inform me that he had dealt with Mr. Eckert on a previous case and stated that Mr. Eckert was known to insert drugs into his anal cavity and had been caught in Hidalgo County with drugs in his anal cavity.
16. Mr. Eckert was then placed into investigated detention and was transported to the Deming Police Department.
17. Mr. Eckert's vehicle was tagged for evidence and was later transferred to the Deming Police Department's impound lot awaiting a search warrant.
18. At approximately 140 I hrs~ I contacted DDA Dougherty and informed of the incident. DDA Dougherty did approve pursuit of a search warrant for Mr. Eckert's vehicle and also for Mr. Eckert's person to include Mr. Eckert's anal cavity.
duder.
dont like the drug laws well get them changed. until then they were just doing their jobs. they are blameless. take it up with their bosses and the politicians!
BS, Only Following Orders does not cut it. And if it does, then god help us all.
Colorado_Outback
11-07-2013, 13:47
[QUOTE=lowbeyond;1397917]
7. I then conducted a Terry Pat Down on Mr. Eckert's person to search for any weapons which none were found.
8. While Mr. Eckert was standing outside of the vehicle I did notice his posture to be erect and he kept his legs together. A short time later I informed Mr. Eckert that a uniformed patrol Officer was coming to issue him a citation for the stop sign violation.
9. Officer Villegas did arrive and issued Mr. Eckert his citation for stop sign violation.
10. Mr. Eckert was then informed that he was free to go.
11. I then decided to fuck Mr. Eckert in the ass. Literally.
lowbeyond
11-07-2013, 14:03
BS, Only Following Orders does not cut it. And if it does, then god help us all.
Are you sure about that? I mean it didn't really work as an excuse in the past. But it sure does now, doesn't it....
Senior citizen with shakey hands? I don't believe it for a second.
link to warrant (pdf)
http://www.popehat.com/wp-content/uploads/2013/11/Affadavit-for-Search-Warrant-Eckert-1-2-13.pdf
1. I Officer Robert Chavez was contacted by Sgt Detective Orosco in reference to a brown 1998 Dodge pick- up truck that failed to stop at the posted stop sign at the intersection of Deming Del-Sol and Pine Street.
2. I was traveling East bound on Pine Street and did locate the brown 1998 Dodge pick-up traveling West bound on Pine Street from Deming del-Sol.
3. I conducted a traffic stop with the brown 1998 Dodge pick-up displaying New Mexico JGS-31l with a VIN#3B7KC26Z9WM2742SS in the parking lot of 1021 E. Pine Street (Wal-Mart) parking lot.
4. I approached the driver who was later identified as David W. Eckert and informed him for the reason for the stop.
5. While speaking with Mr. Eckert I did notice that he was avoiding eye contact with me as I asked him for his driver's license, registration and proof of insurance.
6. As Mr. Eckert handed me the documents that were requested I did notice his left hand began to shake at which time I had Mr. Eckert step out of the vehicle. Once outside of the vehicle Mr. Eckert was asked if he had any weapons or anything else that might harm me which he stated "no".
7. I then conducted a Terry Pat Down on Mr. Eckert's person to search for any weapons which none were found.
8. While Mr. Eckert was standing outside of the vehicle I did notice his posture to be erect and he kept his legs together. A short time later I informed Mr. Eckert that a uniformed patrol Officer was coming to issue him a citation for the stop sign violation.
9. Officer Villegas did arrive and issued Mr. Eckert his citation for stop sign violation.
10. Mr. Eckert was then informed that he was free to go.
11. As Mr. Eckert turned to walk back towards his vehicle, I asked him for verbal consent to search his vehicle for any illegal narcotics andlor weapons at that time he did give consent.
12. I then asked Mr. Eckert if! could search his person for any illegal narcotics and/or weapons. At that time he stated that he had a problem with me searching his person.
13. I then informed Mr. Eckert that an open air search was going to be conducted on the vehicle and reminded him that he had given verbal consent to search his vehicle as well.
14. Hidalgo CountyK-9 Officer walked his K-9 around the vehicle which the K-9 alerted to the driver's side of the vehicle. A short time later the K-9 made entry into the cab of the vehicle and once again alerted to the driver's side seat.
15. Mr. Eckert was then informed of the K -9 alerting to the seat and was informed that a search warrant was going to be obtained. Hidalgo County K-9 Officer did inform me that he had dealt with Mr. Eckert on a previous case and stated that Mr. Eckert was known to insert drugs into his anal cavity and had been caught in Hidalgo County with drugs in his anal cavity.
16. Mr. Eckert was then placed into investigated detention and was transported to the Deming Police Department.
17. Mr. Eckert's vehicle was tagged for evidence and was later transferred to the Deming Police Department's impound lot awaiting a search warrant.
18. At approximately 140 I hrs~ I contacted DDA Dougherty and informed of the incident. DDA Dougherty did approve pursuit of a search warrant for Mr. Eckert's vehicle and also for Mr. Eckert's person to include Mr. Eckert's anal cavity.
A list of his past criminal record reveals this. Appears that Eckert is a habitual drug user and possible drug dealer. Genuine dirtbag.
A records search for David W. Eckert’s past criminal history (https://caselookup.nmcourts.gov/caselookup/app) returns several results. The most recent drug-related arrest appears to have been in 2012. A section on the record, however, says the case was “dismissed by prosecutor.”
He was charged with possession of a controlled substance (methamphetamine), a felony, in the case. The state of New Mexico entered a “nolle prosequie” motion, meaning it found it was not in the state’s best interest to prosecute, according to court records.
In 2008, he was charged with felony possession of a controlled substance and misdemeanor use or possession of drug paraphernalia. He pled guilty and a judge granted him a “conditional discharge” with the stipulation of 18 months supervised probation, records indicate.
In 2005, Eckert was charged with felony possession of a controlled substance with intent to distribute in a school zone and misdemeanor use or possession of drug paraphernalia. The case was ultimately dismissed by the prosecutor after it went to trial and the defense entered an “alibi or entrapment” defense.
Finally, in 2002, Eckert was charged with forgery, possession of a controlled substance with the intent to distribute and use or possession of drug paraphernalia. Each count was apparently “dismissed” by the prosecutor after the state of new Mexico again entered a “nolle prosequie” motion.
Though Eckert has had other legal issues going back to 1999, they involved debt, divorce and other financial issues.
Still doesn't excuse the treatment he received. Not in the US. I'm the farthest thing away from a cop hater. Never been a leo and likely never will be. I guess I would frame it this way. Don't like constitutional protections in place to protect the citizens of this country from abuse by the very people entrusted with power to protect us then why don't you work to change the constitution. It doesn't make a person to be a cop hater to be concerned with over zealous cops. Wasn't the first time it happened either. LEO's need to operate above board and 99% of the officers I have been in contact with have been. I can only hope that the majority of leo's reactions to this mess is to recognize that this is a symptom of a serious problem.
Maybe you are familiar with the famous quote, "It is better that ten guilty persons escape than that one innocent suffer". A sentiment echoed by our founding fathers. Those officers had a choice and they chose to go overboard ultimately violating his rights. Just my opinion. Not the type of people I want enforcing the law. I guess that the justice system will have the final say on whether or not my opinion is correct. I'm content with that.
Charged 4 times over the last 11 years, plead guilty once 5 years ago for a reduced sentence, and the state dropped the other 3. That doesn't excuse what happened. Innocent until proven guilty. If we don't have a right to our own body, what's left?
lowbeyond
11-07-2013, 21:42
Well we don't have the right to our own bodies. Just ask the Drug Warriors for a start.
So to answer your question, nothing.
In a prudent attempt not to get banned, I'll refrain from typing my thoughts...
I've heard that, outside of US Customs and Corrections, body cavity searches are rare . . . and when they do occur, it's just a finger up the bung. Multiple enemas is just insane. I don't even think Customs does forced enemas without a positive hit on the X-Ray showing someone has an intestine packed full of balloons. And they even took him out of their jurisdiction to have that done. Sounds like an easy million dollar settlement coming his way.
spqrzilla
11-08-2013, 00:54
Ken White's piece at Popehat is a must read.
Charged 4 times over the last 11 years, plead guilty once 5 years ago for a reduced sentence, and the state dropped the other 3. That doesn't excuse what happened. Innocent until proven guilty. If we don't have a right to our own body, what's left?
If you no longer own your labor, then you do not own your body.
A payroll tax is a claim on your labor and it is deducted before you have a change to willingly pay it. Stuff to think about...
Fun article on the subject: http://www.huffingtonpost.com/2013/11/11/anal-probes-and-the-drug-_n_4254600.html
Most important part:
"In the end, we're faced with two unsatisfying lessons from all of this. First, what happened to Eckert and Young was wrong. The medical personnel acted unethically, and the criminal justice system personnel -- the judges, the prosecutor, the cops and the police department -- all illegally violated the constitutional rights of both men. And it's entirely likely that no one will be punished -- legally, financially or professionally. In fact, it could all happen again tomorrow, and tomorrow's victim couldn't do much about it, either.
... And don't think it can't happen elsewhere. Last summer, a dash camera video emerged in which female police officers in Dallas performed roadside vaginal and rectal searches for drugs of two women after a routine traffic stop. Days later, another video emerged of similar searches conducted in Houston. According to a New York Daily News report, civil rights attorneys later discovered that such searches are "standard policy among the Texas Department of Public Safety’s state troopers."
BushMasterBoy
11-12-2013, 13:39
The only reason they don't go after the real drug cartels, is because the cartels are so heavily armed by Eric Holder the cops would not survive a gunfight with them. Like George Carlin has stated, you want to stop drugs? Start by publicly hanging bankers that handle the drug dealers profits...
Rucker61
01-16-2014, 21:28
The payoff - $1.6M. Sorry, can't paste links for some reason.
http://www.usnews.com/news/articles/2014/01/14/new-mexico-man-given-forced-colonoscopy-by-cops-wins-16-million-settlement
A judge granted police a search warrant authorizing a probe "up to and including [Eckert's] anal cavity." The warrant's limits allegedly were exceeded by the colonoscopy and it's unclear why that procedure was necessary after enemas and X-rays did not reveal hidden drugs.
Eckert's lawsuit further alleged the colonoscopy was performed without consent. His attorney, Shannon Kennedy, told U.S. News (http://www.usnews.com/news/articles/2013/11/05/man-seeks-millions-after-nm-police-force-colonoscopy-in-drug-search) in November her client was sent a $6,000 bill by the medical center. Eckert refused to pay the bill.
"This is essentially medical anal rape, numerous times over a 12-hour period," Kennedy said. "I can't imagine anything more horrifying than what happened to our client. It's just sadistic."
One possible reason for the fruitless pursuit of drugs is that authorities were using a drug-sniffing dog named Leo whose certification allegedly expired in April 2011. The dog, under the supervision of Hidalgo County Sheriff's Office deputies, signaled Eckert had drugs.
In at least one other case, Leo appears to have incorrectly alerted authorities to drugs, resulting in another innocent driver being brought to the same hospital for probing.
Timothy Young was anally probed at the Gila Regional Medical Center in October 2012 after being pulled over for allegedly failing to use his turn signal. The same law firm is representing Young (http://www.usnews.com/news/articles/2013/11/06/second-anal-probe-lawsuit-filed-against-nm-police), but it's unclear what the status of his case is.
KOB-TV reports that the city and county governments quietly settled with Eckert in December. The station learned the settlement amount from a public records request.
Eckert's lawsuit also named two doctors, the medical center and Deputy District Attorney Daniel Dougherty, who helped acquire the search warrant. Those defendants have not settled.
Among the alleged issues in Eckert's case were that the colonoscopy began on the morning of Jan. 3, 2013, hours after the search warrant expired.
KestrelBike
01-17-2014, 00:51
http://www.theblaze.com/stories/2013/11/05/what-began-as-a-mans-simple-traffic-stop-ended-in-an-unfathomable-12-hour-ordeal-that-is-almost-too-horrific-to-believe/comment-page-5/#comment-6314819
you pull that with me and I'm going postal on you.
No kidding, that's some Falling Down shit right there.
The medical center charged the guy!!!!! What the fuck is wrong with those people
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