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If you're in New Mexico, be careful about how you stand.
Posted: Wed Nov 06, 2013 5:11 pm
by VMI77
http://www.kob.com/article/stories/s3209305.shtml
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.
It's gets much more absurd from there --they gave the guy enema's and a colonoscopy. But hey, it was all in accordance with "policy."
Edited to add:
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.
Re: If you're in New Mexico, be careful about how you stand.
Posted: Wed Nov 06, 2013 5:37 pm
by airborned
i don't understand how they forcefully sedated him and preformed a surgery. it all sounds pretty absurd. Im sure they will be awarded a new law suit. i suppose there is no end to unreasonable search and seizure. It wouldn't surprise me if they knew the guy was a scumbag or not but the whole look in his butt 9 different times and still find nothing is beyond what i would consider how someone should look for narcotics.
Re: If you're in New Mexico, be careful about how you stand.
Posted: Wed Nov 06, 2013 5:45 pm
by VMI77
airborned wrote:i don't understand how they forcefully sedated him and preformed a surgery. it all sounds pretty absurd. Im sure they will be awarded a new law suit. i suppose there is no end to unreasonable search and seizure. It wouldn't surprise me if they knew the guy was a scumbag or not but the whole look in his butt 9 different times and still find nothing is beyond what i would consider how someone should look for narcotics.
Apparently, reading another article, this was all about contempt of cop. He had been stopped previously for a broken windshield, had his car seized and searched for drugs....nothing found. That happened after he was told he could go, and the cop continued to ask questions, to which he responded, am I or am I not free to go, instead of answering the questions.
Re: If you're in New Mexico, be careful about how you stand.
Posted: Wed Nov 06, 2013 5:53 pm
by airborned
the state of affairs our country is in where it allows such things is unbelievable. i wonder if he played along knowing he was going to get a very lucrative lawsuit out of it? My shame at that level of intrusion is worth about 25 million after taxes.
Re: If you're in New Mexico, be careful about how you stand.
Posted: Wed Nov 06, 2013 6:00 pm
by suthdj
VMI77 wrote:airborned wrote:i don't understand how they forcefully sedated him and preformed a surgery. it all sounds pretty absurd. Im sure they will be awarded a new law suit. i suppose there is no end to unreasonable search and seizure. It wouldn't surprise me if they knew the guy was a scumbag or not but the whole look in his butt 9 different times and still find nothing is beyond what i would consider how someone should look for narcotics.
Apparently, reading another article, this was all about contempt of cop. He had been stopped previously for a broken windshield, had his car seized and searched for drugs....nothing found. That happened after he was told he could go, and the cop continued to ask questions, to which he responded, am I or am I not free to go, instead of answering the questions.
You are not required to talk to the police, and if you watch that video(
http://www.flexyourrights.org/) that is the phrase they teach. So from the sound of the story contempt of cop is justified, unless of course you enjoy anal probing somehow I think most won't.
Re: If you're in New Mexico, be careful about how you stand.
Posted: Wed Nov 06, 2013 6:27 pm
by jmra
Where was the nurse who should have been acting as the patient advocate who would have stopped the procedure for lack of consent? Where was the risk management specialist for the hospital? Where was the hospital legal counsel who should have been consulted before action was taken?
I see major procedure changes at this hospital along with privileges being yanked from several doctors assuming they manage to get past the medical review board.
Re: If you're in New Mexico, be careful about how you stand.
Posted: Wed Nov 06, 2013 6:51 pm
by jimlongley
jmra wrote:Where was the nurse who should have been acting as the patient advocate who would have stopped the procedure for lack of consent? Where was the risk management specialist for the hospital? Where was the hospital legal counsel who should have been consulted before action was taken?
I see major procedure changes at this hospital along with privileges being yanked from several doctors assuming they manage to get past the medical review board.
They had a warrant, so no lack of consent.
Re: If you're in New Mexico, be careful about how you stand.
Posted: Wed Nov 06, 2013 6:58 pm
by WildBill
I hope that the voters remember this when the DA and Judge come up for re-election.
Re: If you're in New Mexico, be careful about how you stand.
Posted: Wed Nov 06, 2013 7:47 pm
by mamabearCali
Wow...just wow. Someone needs to be fired. Someone needs to pay big time. Contempt of cop should not be grounds for sexual assault under color of law. From what I understand the ill gotten warrant (what type of judge signs off on that invasive of a search based on a hunch) was not valid in the county nor at the time of the colonoscopy. Unless more serious evidence of RS comes up I will say this looks like a violent assault on a citizen by a LEO assisted by corrupt medical professionals.
What will we have next? Cop suspects drugs so they shoot the individual and then perform a autopsy to confirm their suspicions. (Hyperbole-- I hope).
Re: If you're in New Mexico, be careful about how you stand.
Posted: Wed Nov 06, 2013 7:59 pm
by jmra
jimlongley wrote:jmra wrote:Where was the nurse who should have been acting as the patient advocate who would have stopped the procedure for lack of consent? Where was the risk management specialist for the hospital? Where was the hospital legal counsel who should have been consulted before action was taken?
I see major procedure changes at this hospital along with privileges being yanked from several doctors assuming they manage to get past the medical review board.
They had a warrant, so no lack of consent.
Warrant means nothing to medical personnel. A nurse could have stopped the procedure just as the doctor at the first ER did. I have a family member that runs an OR - showed the story to her and she laughed. You can bring any warrant you want into her OR, without patient consent they aren't touching the patient.
Re: If you're in New Mexico, be careful about how you stand.
Posted: Wed Nov 06, 2013 8:04 pm
by C-dub
I saw this a day or two ago. There are many problems with it. They did get a warrant, but the hospital in the county in which the warrant was issue for would not perform the exam due to ethical concerns. The police then took him to a hospital in another county where the warrant was no longer valid. They also did at least one of the exams, the colonoscopy I think, after that warrant had expired at 2200 hours sometime around 0100 the next morning.
Forcefully could mean that they wrestled with him and tied him down to do it or he just calmly objected knowing full well that the courts have said we have no right to physically resist a search or arrest even if it is unlawful.
Re: If you're in New Mexico, be careful about how you stand.
Posted: Wed Nov 06, 2013 8:06 pm
by C-dub
jmra wrote:jimlongley wrote:jmra wrote:Where was the nurse who should have been acting as the patient advocate who would have stopped the procedure for lack of consent? Where was the risk management specialist for the hospital? Where was the hospital legal counsel who should have been consulted before action was taken?
I see major procedure changes at this hospital along with privileges being yanked from several doctors assuming they manage to get past the medical review board.
They had a warrant, so no lack of consent.
Warrant means nothing to medical personnel. A nurse could have stopped the procedure just as the doctor at the first ER did. I have a family member that runs an OR - showed the story to her and she laughed. You can bring any warrant you want into her OR, without patient consent they aren't touching the patient.
This might be why the police are learning phlebotomy. This way they can execute a warrant to draw blood from someone on one of those "no refusal" weekends.
Re: If you're in New Mexico, be careful about how you stand.
Posted: Wed Nov 06, 2013 8:13 pm
by mamabearCali
Nice knowing our the fourth amendment of our constitution is going to be used as toilet paper.
Re: If you're in New Mexico, be careful about how you stand.
Posted: Wed Nov 06, 2013 8:17 pm
by Dori
He could kill every single one of those anal rapists, slowly, and it would still be justifiable homicide.
Re: If you're in New Mexico, be careful about how you stand.
Posted: Wed Nov 06, 2013 8:34 pm
by rbwhatever1
And the huddled masses do nothing....