The incident began on Jan. 2 as David Eckert was leaving the local Walmart in Deming, N.M. He reportedly failed to make a complete stop at a stop sign, prompting police to pull him over.
The officers asked him to step out of the vehicle and claim the man appeared to be clenching his buttocks, Eckert’s attorney, Shannon Kennedy, told TheBlaze. It is unclear why police removed him from the vehicle in the first place. However, because the cops believed he was clenching his buttocks, they took it as reason to suspect him of hiding narcotics in his anal cavity.
Police officers detained Eckert while they sought a search warrant for an anal cavity search.
“What is so strange about this case is they held him with no evidence,” Kennedy said. “They seized him to collect evidence, to go on a fishing expedition on someone’s body.”
Upon securing the warrant, Deming police officers took the man to an emergency room, but hit their first snag when a doctor refused to perform the anal cavity search because he believed it to be “unethical.”
So police tried again at the Gila Regional Medical Center in Silver City, N.M., where doctors agreed to the search.
KOB-TV outlined the disturbing series of events that occurred next, details confirmed by medical records and official documents provided to TheBlaze by Eckert’s attorney:
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.
Kennedy told TheBlaze these are undisputed facts from medical records, not claims made by her client.
As he was being detained and probed, Kennedy said Eckert never gave doctors his consent to perform the procedures and protested his treatment, which all arose from the simple traffic violation.
The entire ordeal lasted for roughly 12 hours.
“It’s a nightmare, its unfathomable. You could never anticipate this happening in the United States of America,” Kennedy said, adding that in 18 years of practicing civil rights law, “this may be the most egregious case I have ever seen with law enforcement abuse.”
Kennedy also said the search warrant — in which there were legal concerns anyway — was carried out illegally because it was only valid in Luna County, N.M. The anal cavity search and other procedures were performed at the Gila Regional Medical Center, in Grant County.
Further, she said the search warrant was only good through 10 p.m., but medical records show the preparation for the colonoscopy started at 1 a.m. the next morning. In theory, even if the search warrant were completely legal and compliant, it was no longer valid.
Eckert is suing the city of Deming and Deming police officers Bobby Orosco, Robert Chavez and officer Hernandez. He is also suing Hidalgo County deputies David Arredondo, Robert Rodriquez and Patrick Green; Deputy District Attorney Daniel Dougherty and the Gila Regional Medical Center, including Robert Wilcox, M.D. and Okay Odocha, M.D.
http://www.huffingtonpost.com/2013/11/0 ... 18320.html
David W. Eckert, the New Mexico man at the center of the Deming Police Department’s anal probing controversy, has a history of drug-related arrests, according to court documents viewed by TheBlaze. And while the police have not returned any of TheBlaze’s messages seeking comment, further investigation of other documents related to Eckert’s arrest reveals a significant claim by the authorities: he’s accused of hiding drugs in his anal cavity before.
As TheBlaze previously reported, Eckert was subjected to involuntary X-rays, multiple anal exams, enema procedures and a ultimately a colonoscopy. He has filed a federal lawsuit against multiple parties, including officers Bobby Orosco and Robert Chavez who the lawsuit says were involved in the stop.
According to the affidavit for the search warrant, police were told that Eckert was “known to insert drugs into his anal cavity and had been caught in Hidalgo County with drugs in his anal cavity.”
Eckert’s history with drugs had been revealed by his attorneys, Joseph and Shannon Kennedy, but there was no mention of any previous attempts to transport drugs in his anal cavity. Still, though court records confirm Eckert’s history of drug-related offenses, we found no information confirming police’s claim that he once was caught with drugs in his anal cavity.
Even with the new revelations, police officers will still have to justify to a law enforcement review board why they went to such great lengths even after an initial X-ray showed no drugs in his body.
http://www.theblaze.com/stories/2013/11 ... ntroversy/
Hurtswhenipee wrote:Why can't I get that lucky
You mean you would put up with someone poking around in you nether regions few a million dollars. I see where your coming from, a minor embarrassment for a short while and walk away with million . I just though females have to put up with that all the time from male and all they get if they are lucky is a drink and a meal. Opppps sorry lads!
Besides everything ILLEGAL in this whole story there is one thing nobody picked up on..
I know police with average iq's of 105 would not know this but the doctors should have known that you can cleanse someones bowels in less then 2 hours with one quart of lukewarm water and a tablespoon of sea salt. You drink it and then just plan to be near the bathroom for the next few hours.
This guy got a $6,000 medical bill from the hospital when a saltwater cleanse would have cost around 60 cents.
And I used to only worry about aliens anal probing me
anticipated and/or expected?100%
in the police academy they are not taught to shoot a you in the leg.
they are taught to shoot you in the face.
why has the la airport shooter not given a statement?
he has no jaw.
Arkansas cop tasers woman who refuses to show him her breasts: lawsuit
A cop in Arkansas allegedly tasered a woman after she refused to show him her breasts.
Ashlea Bennett alleges that uniformed Officer Brandon Carter strutted into her place of work on Dec. 13, 2011, and ordered that she give him a sneak peak of her bosom.
When she declined, he reportedly then chased her around the building before zapping her repeatedly with his electroshock gun.
Bennett, who says it was not the first time Carter had asked her the lewd question, is now suing him and the city of Haskell in federal court.
She seeks compensation and punitive damages on charges that include civil rights violations, assault, failure to train and supervise, and negligent supervision.
Bennett also claims Haskell's police department ignored her previous complaints about the officer, reports Court House News.
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