Aces High Bulletin Board
General Forums => The O' Club => Topic started by: rpm on November 05, 2013, 03:50:45 PM
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http://www.kob.com/article/stories/s3209305.shtml#.UnkQgPnUBNs
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.
Oh yeah, the hospital billed him for the procedures. This wouldn't even be a story except for 2 crucial mistakes. The time the procedure was done was after the warrant expired and they crossed the county line to perform it.
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:O holy shiznit...*note to self* bypass new mexico at all costs...unless i need a colonoscopy.
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http://www.kob.com/article/stories/s3209305.shtml#.UnkQgPnUBNs
Oh yeah, the hospital billed him for the procedures. This wouldn't even be a story except for 2 crucial mistakes. The time the procedure was done was after the warrant expired and they crossed the county line to perform it.
In Texas DPS just slaps a glove on and does it on the side of the road.
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In Texas DPS just slaps a glove on and does it on the side of the road.
well you know steers and....
semp
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Lol ^
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Government has been doing that to people for many years.
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He should be getting a nice payday.
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Crap!, my parents own land in Deming! :O
Goat1
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Hate to say it but its time for them to bend over and take it. Don't want that getting in front of a jury I wouldn't think.
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Hate to say it but its time for them to bend over and take it. Don't want that getting in front of a jury I wouldn't think.
Instead, the hospital is sending his bill to a collection agency (trashing his credit rating in the process).
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well you know steers and....
semp
Tell us about it.
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Assuming all of that is the complete and full story, time for some big lawsuits against the department, the hospital, and all of the individuals involved. I'd think Eckert (assuming competent representation) would have a good shot at a large sum. The downside of the American legal system is that it can result in a lot of frivolous law suits. The positive side is that it provides a solid mechanism to combat and penalize such abuses.
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"you have the right to have your anus penetrated" :lol :cry
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He made a furtive bowel movement.
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Instead, the hospital is sending his bill to a collection agency (trashing his credit rating in the process).
So your telling me they shot themselves in the head and decided they should reload an do it again?
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One thing . Warrants do not expire .
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One thing . Warrants do not expire .
arrest warrants...no expiration. search warrants...depends.
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Legal actions against municipalities, especially law enforcement agencies are some of the toughest cases there are to win. One thing this guy has going for him is that New Mexico has not implemented as many of the tort reform laws as many states have.
shamus
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He has to wear depends now as every time he sees a Police car he sheetz himself. :uhoh
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Legal actions against municipalities, especially law enforcement agencies are some of the toughest cases there are to win. One thing this guy has going for him is that New Mexico has not implemented as many of the tort reform laws as many states have.
shamus
Interesting.
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I think he will win for the fact that it was not in the county. Different count means he would to have had a different judge to do the search
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You bet your bottom dollar that he clenches up even tighter around cops now..... :rofl poor bastage :bolt:
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You bet your bottom dollar that he clenches up even tighter around cops now..... :rofl poor bastage :bolt:
Might have to try this one to make next years living :rofl :rofl :rofl :rofl :rofl :rofl
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A new bit of info. Leo, the drug dog that alerted to the car seat (which obviously meant he had drugs up his kiester), was not certified. And here's the real shocker, the same thing has happened before using Leo.
http://www.kob.com/article/stories/S3210356.shtml?cat=500#.UnrGPPlysxC
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.
I've always had a problem with using animals as probable cause for searches. I look at it like a lie detector test. They aren't admissible in court. Neither should a dog search. They are not fool proof and you can not cross-examine the dog in court. You are relying on a handler's interpretation of the dog's behavior. In most cases the handler is coaching and encouraging the dog to hit on something then rewards him when he does. Suppose the dog just wants his reward? Suppose the dog has been trained to hit when he hears a key word? There's more holes in that probable cause than a slice of swiss cheese.
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sadly, another example of people abusing the power society has entrusted them with.... disgusting.. The cops should be fired, and all involved should be sued.
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sadly, another example of people abusing the power society has entrusted them with.... disgusting.. The cops should be fired, and all involved should be sued.
Should also get assault charges filed against him as well as the medical personnel that performed the exams
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YES! NM makes national news! I'm so proud right now.