Police & Doctors Conduct Illegal Cavity Search, Colonoscopy On Innocent Man

[eznutz]

A Southern New Mexico man has filed a federal lawsuit against the City of Deming and several Deming Police Officers after a January police stop turned into a complete nightmare.

According to the lawsuit, David Eckert was pulled over by Deming police January 2 after failing to make a complete stop at a stop sign outside a Wal-Mart parking lot. After ordering Eckert out of his vehicle, police began insisting that Eckert was clenching his buttocks, claiming the action was probable cause to suspect illegal drugs were hidden inside his anal cavity.

During an interview with KOB 4 Eyewitness News, Eckert’s attorney, Shannon Kennedy, said law enforcement then successfully obtained a cavity search warrant after contacting a local judge. Police then drove to a local hospital where a doctor refused to carry out the search, telling police the task was “unethical.” Despite the warrant only covering Luna County, Police illegally drove Eckert to Silver City’s Gila Regional Medical Center in Grant County, where he soon underwent what many would consider outright torture.

Medical records released to KOB 4 News revealed in graphic detail just how far police and doctors went, reminiscent of something one would expect to hear from Abu Ghraib prison.

Being held against his will, doctors x-rayed Eckert’s abdominal cavity, only to have the results find absolutely nothing. Incredibly, Deming police were not satisfied.

Doctors were then ordered to examine and penetrate Eckert’s anus with their fingers, searching deep inside Eckert’s body without his permission, only to find nothing. Unbelievably, doctors then proceeded to penetrate Eckert’s anus a second time, again finding absolutely nothing.

Clearly innocent after undergoing procedures usually reserved for maximum security prisoners, Eckert was then forced by doctors and police to receive an enema. Doctors filled Eckert’s anal cavity with large amounts of water, forcing Eckert to defecate as doctors picked through his fecal matter, only to find nothing.

Disgustingly, Eckert was subjected to a second enema, yet again defecating all over the floor as police looked on. Once again, doctors came up empty handed

The torture continued as police ordered a third enema, again producing absolutely no drugs whatsoever.

Eckert was then thrown back under the x-ray machine, blasted with radiation for a second time, only to have the same result, no drugs detected inside Eckert’s body.

Likely exhausted at this point, Eckert’s ordeal was far from over. Not finding any drugs, doctors then decided to take Eckert to the operating table where he would be sedated against his will and prepared for surgery. Doctors then proceeded to carry out a colonoscopy, shoving a camera deep into Eckert, reaching as far as his large intestine. To no surprise, Eckert was not concealing any drugs inside his body.

 

[blackrock13]

... and if true they should be dealt with severely. Get back to us with an update, will ya?

Next!!

 

[eldoguy]

Dwb ?

 

[Ceiling Cat]

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

 

[shack]

that is a truly horrible story. The poor man. I hope he wins fucking millions.

This is the kind of story where the punishment should be the accused must undergo the same treatment they forced on another.

I'm not so sure. Just imagine how unpleasant it was for the cops to have to dig through his feces.

Seriously, even for a guy like me who has the highest regard for the very difficult job of LE, that was a bit much. Not only the diagnostics they performed but all those repetitions were over the top.

 

[Aardvark154]

Eckert’s attorney, Shannon Kennedy, said law enforcement then successfully obtained a cavity search warrant after contacting a local judge.

So contrary to your thread title, entirely legal.

But here is where there does appear to be a problem:

police ordered a third enema, again producing absolutely no drugs whatsoever.

Eckert was then [subjected to a second x-ray] only to have the same result, no drugs detected.

If you cut to the chase you would have a more powerful argument.

 

[Aardvark154]

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

Feline, you I believe are clairvoyant on this point.

 

[Tangwhich]

So contrary to your thread title, entirely legal.

Not according to the article. The local hospital would not perform the procedure, so the police went somewhere that the warrant was not valid.

 

[groggy]

Police states are just so messed up.

 

[blackrock13]

Police states are just so messed up.

and the US is a police state?

 

[WoodPeckr]

and the US is a police state?

Now that is funny coming from blackcock, our resident mall security guard .....

 

[anon1]

Dwb ?

My thoughts exactly!

"The Gila Medical Center charged Eckert for all of these procedures — none of which were done with his consent — and is threatening to sic a collection agency on him if he doesn’t pay."

 

[Aardvark154]

Not according to the article. The local hospital would not perform the procedure, so the police went somewhere that the warrant was not valid.

Very, very minor point on which they would be unlikely to prevail. The real issue here are the repeated enemas and x-rays. Further, although not mentioned in the article was there deception in applying for the search warrant.

This whole incident should have ground to a halt after the x-ray showed nothing suspicious.

 

[Aardvark154]

Two more things I've heard about this incident. Apparently this man and the police have had several run-ins in the past, however he has never been arrested or convicted on any charges. The police dog that supposedly "alerted" on the drivers seat is not certified by the State of New Mexico as a drug dog.

 

[Smallcock]

Some guys on the BDSM section of this board would pay big money for that type of treatment.

 

[eznutz]

Same dog, same story....

Our investigation reveals another chapter. Another man, another minor traffic violation, another incident with Leo the K-9 and another example of the violation of a man's body.

Police reports state deputies stopped Timothy Young because he turned without putting his blinker on.

Again, Leo the K-9 alerts on Young's seat.

Young is taken to the Gila Regional Medical Center in Silver City, and just like Eckert, he's subjected to medical procedures including x-rays of his stomach and an anal exam.

Again, police found nothing, and again the procedures were done without consent, and in a county not covered by the search warrant.

We've learned more about that drug dog, Leo, that seems to get it wrong pretty often. He might be getting it wrong because he's not even certified in New Mexico.

If you take a look at the dog's certification, the dog did get trained. But his certification to be a drug dog expired in April 2011. K-9s need yearly re-certification courses, and Leo is falling behind.

"We have done public requests to find anything that would show this dog has been trained, we have evidence that this dog has had false alerts in the past," Eckert's attorney Shannon Kennedy said.

The doctors from the Gila Regional Medical Center have been turned over to the state licensing board. It's possible they could lose the ability to practice medicine.

And the police officers will be answering to a law enforcement board.

 

[blackrock13]

It sure looks like a couple of officers and a doctor will be working in another profession next month.

 

[Aardvark154]

"The city of Deming and Hidalgo County have agreed to settle for $1.6 million their portion of litigation brought by David Eckert. The suit also named Gila Regional Medical Center and the doctors who performed the exam as defendants, and that portion of the case is ongoing."