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New Mexico man anally probed 8 times after traffic stop: (and billed for them)

By Basoodler, Nov 6, 2013 | Updated: Nov 6, 2013 | | |
Rating:
4/5,
  1. Basoodler

    A minor traffic stop went nightmarishly wrong for a New Mexico man who was detained by police and forced to undergo a series of anal probes and other medical examinations against his will.

    David Eckert had just finished shopping at Walmart in Deming, New Mexico when an officer pulled him over for failing to make a complete stop at a stop sign. According to the local KOB TV station, federal documents claim that police noticed Eckert clenching his buttocks when they asked him to step outside of the car, indicating that he may have been carrying drugs in his anal cavity.

    After detaining Eckert and requesting a search warrant from a judge, police took him to a local hospital for doctors to perform a search. The doctor refused, saying the search was unethical. Police then took Eckert to the Gila Regional Medical Center, where doctors agreed to cooperate.

    The doctors then performed a wide array of procedures, all without the consent of Eckert, who protested each one. First, doctors took an X-Ray of his abdomen, which revealed no narcotics hidden inside the body. Then, doctors performed two anal exams with their fingers, both of which failed to uncover any drugs.

    After the failure of these searches, Eckert underwent three different enemas and was forced to defecate in front of doctors and police officers. He watched as each stool search failed to uncover any narcotics.

    Another X-Ray was taken, and, finally, doctors sedated Eckert and performed a colonoscopy. Again, no drugs were found.

    “The thought that they could do this to a man in our country is terrifying,” Shannon Kennedy, Eckert's attorney, said to KOB. “Our community should be outraged … This is like something out of a science fiction film, anal probing by government officials and public employees.”

    According to Kennedy, not only was the issued search warrant overly broad and lacking in probable cause, but it was also only valid in Luna County, where Deming is located and Eckert was arrested. After the first hospital refused to perform the anal search, police took Eckert to Gila, which is located in a separate county altogether. If that is the case, then doctors performed all eight of the previously mentioned procedures illegally and without the consent of the patient.

    To make matters worse, the search warrant expired at 10 p.m. while doctors didn’t even begin prepping Eckert for the colonoscopy until 1 a.m. the next morning, when the warrant had been expired for hours.

    The hospital even billed Eckert for the procedures and is threatening to take him to collections if he doesn’t pay.

    Deming Police Chief Brandon Gigante refused to comment on the incident due to a pending lawsuit, but said, "We follow the law in every aspect and we follow policies and protocols that we have in place.”

    Eckert is suing the city of Deming, Hidalgo County, the police officers behind the incident, the deputy district attorney, and the Gila Regional Medical Center, including Robert Wilcox, M.D and Okay Odocha, M.D.

    "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.

    11-5-13
    http://rt.com/usa/hospital-bills-eckert-search-270/

Comments

  1. Basoodler
    Re: . New Mexico man anally probed 8 times after traffic stop: (and billed for them)

    Don't Appear to Be Clenching Your Buttocks When Pulled Over For Not Coming to a Complete Stop or Be Tortured by Doctors: America, This is Your War on Drugs

    | Nov. 5, 2013 10:57 am

    From the "folks, this is just wrong" department of our War on Drugs, reported by KOB -TV 4 in New Mexico. They are reporting on a lawsuit that arose from an:

    incident [that] 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.

    While there...

    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....

    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. ....

    The warrant also had expired in time when the "medical procedures" were carried out. Eckert is suing the city of Deming and Deming Police Officers Bobby Orosco, Robert Chavez and Officer Hernandez, as well as three Hidalgo County Deputies and two doctors from the Gila Regional Medical Center.

    The petty legalities of time and place of the carrying out of these hideous tortures will, I hope, be sufficient for Eckert to win his suit. But the entire event is an abomination from beginning to end. If only he could just sue for "police being petty officious asshole morons, and doctors violating their professional standards and all human decency by going along."

    I blogged yesterday on military doctors also violating their oaths and decency in the name of orders.

    UPDATE: Eckert's lawsuit . And yes: they are trying to bill him for medical services rendered. From the suit: "Defendant Gila Regional has billed Plaintiff for the “services” it provided at the request of law enforcement....Plaintiff still receives medical bills for thousands of dollars for these illegal, invasive and painful medical procedures."

    http://reason.com/blog/2013/11/05/dont-appear-to-be-clenching-your-buttock
  2. Beenthere2Hippie
    This is beyond the scope of understanding, especially in a country that claims to have its roots based in personal freedom and the concept of all are "innocent until proven guilty" under the law. This is some horrendous way to try and prove guilt on a man who obviously did nothing wrong.

    There is little anyone can do for this man right after-the-fact, except get him a good lawyer and hope every book in the penal code is thrown at each individual with any level of responsibility for the malicious acts that makes up the abortion of justice that took place in New Mexico yesterday.
  3. Potter
    Don't ever have to poo while in a car. Check!

    Sounds like doctors need to be disbarred. "Do no harm" They clearly went above and beyond to do harm.
  4. mystix36
    I hope he sues for millions and wins. And any police officer involved is fired.
  5. Basoodler
    I can't figure out why after a clear x ray and finger test, the proceeded to do another finger test.. you find no drugs.. so you move on to another finger test and 3 enemas .. still find no drugs. So after that somebody decided that they better stick a camera up his ass to get a visual of his drug free large intestines?

    You would think it would become apparent that after 3 enemas and an cray, the amount of drugs that could possibly be in there were nor enough to warrant a surgical procedure ...

    It sounds more like a fetish being played out than a search.

    Anyway its also alarming that the hospital thought it would be a good idea to send a bill instead of an apology


    There has to be some back story about the about the victim that was left out to spin the story .. an investigation, bad blood, history of smuggling drugs from nearby Mexico.

    I am not saying anything would justify any of this... the story just seems incomplete, starting with being asked to get out of the car for a stop sign violation.. that is not something that police will do without some probable cause
  6. kumar420
    well what the fuck is this... I can't even....
    Dude's asshole must look like he's just spent a week in prison, talk about bodily harm....
    Maybe the guy just had to shit? seems like a pretty good reason to be clenching one's buttocks....
    Does anyone have any idea if he was caucasian or latino/african american? could have played a role in the initial detainment, can't imagine a small town in new mexico would be free of racist cops.
  7. Ghetto_Chem
    This reminds me of the woman who was stripped search against her will with 8 police officers present, most of them male. She called the police because a family member of hers was causing trouble and they ended up arresting her and then taking her down to the station and pretty much raped her. Theres a video of it and when you watch it you can't fathom how a human being could actually do that to another person, it shows that everyone is capable of evil things. She's pleading and begging for them to stop and its like she's an animal that doesn't deserve to be heard.

    Whoever said this is more like a fetish is right... These male police officers get off on it. Just the same as they get off and telling people what to do, how to act, etc.

    I'm not from around that area but I feel for all the Mexicans and Central/South Americans who get hassled constantly by the soldiers placed down there to fight the war. Yes I call the border patrol/dea/police soldiers because it IS a war, the amount of killings along the border make the middle east look like a joke.

    -GC
  8. Basoodler
    update on police and doctors. Plus another case

    It's a story that has left the entire country wondering about the state of law enforcement in New Mexico.

    4 On Your Side revealed how David Eckert rolled through a stop sign in Deming.

    A K-9 named Leo alerted that it sniffed drugs on Eckert's driver's seat.

    And, for the next 14 hours, those police officers, and doctors at the Gila Regional Medical Center performed eight medical procedures including x-rays, rectal finger exams, enemas, and finally a colonoscopy.

    According to a federal lawsuit, officers Bobby Orosco and Robert Chavez were two of the officers involved, and they never found drugs inside Eckert.

    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.

    http://www.kob.com/article/stories/S3210356.shtml?cat=500#.UoFaf-U1jvT
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