If you're in New Mexico, be careful about how you stand.

[philip964]

What will it take for the FBI to investigate this scum pit?

A new Attorney General?

DING DING DING! We have a winner!

[sunny beach]

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.

In a society with a working justice system, these guys would be thrown in prison for a long time. If they're sodomized every day for the rest of their lives, that would just be karmic icing on the cake.

[gigag04]

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.

Not sure about other states. Texas can require assistance in executing a search warrant.

Just checked to make sure, not at a private hospital. Also a nurse or doctor practicing in Texas at a public hospital can refuse to comply based on the Hippocratic oath...first, do no harm. This info was confirmed with a local hospitals legal council.
ETA: in short, a warrant can compel a public hospital to comply but the hospital can not compel its employees to comply.

I was wrong...don't even need a warrant. Obv, we're teetering on the cutting edge of case law, so it is an extreme example. That said... The CCP could be applied (though poorly IMO) in a way to avoid the non-compliance of medical personnel.

Art. 2.14. MAY SUMMON AID. Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance; and all persons summoned are bound to obey.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.


Art. 2.15. PERSON REFUSING TO AID. The peace officer who has summoned any person to assist him in performing any duty shall report such person, if he refuse to obey, to the proper district or county attorney, in order that he may be prosecuted for the offense.

Let’s see. They would be trying to prosecute me for not assisting a police officer in performing what I believe to be an illegal act? If the “district or county attorney” was stupid enough to prosecute, and the judge didn’t laugh and throw the papers back at him, how do you think this would play to a jury?

Couldn't care less actually... I'm clearly not advocating doing it...


This is still the internet right?

[VoiceofReason]

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.

Not sure about other states. Texas can require assistance in executing a search warrant.

Just checked to make sure, not at a private hospital. Also a nurse or doctor practicing in Texas at a public hospital can refuse to comply based on the Hippocratic oath...first, do no harm. This info was confirmed with a local hospitals legal council.
ETA: in short, a warrant can compel a public hospital to comply but the hospital can not compel its employees to comply.

I was wrong...don't even need a warrant. Obv, we're teetering on the cutting edge of case law, so it is an extreme example. That said... The CCP could be applied (though poorly IMO) in a way to avoid the non-compliance of medical personnel.

Art. 2.14. MAY SUMMON AID. Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance; and all persons summoned are bound to obey.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.


Art. 2.15. PERSON REFUSING TO AID. The peace officer who has summoned any person to assist him in performing any duty shall report such person, if he refuse to obey, to the proper district or county attorney, in order that he may be prosecuted for the offense.

Let’s see. They would be trying to prosecute me for not assisting a police officer in performing what I believe to be an illegal act? If the “district or county attorney” was stupid enough to prosecute, and the judge didn’t laugh and throw the papers back at him, how do you think this would play to a jury?

Couldn't care less actually... I'm clearly not advocating doing it...


This is still the internet right?

I apologize if you thought I was implying you were (does that sentence make sense?). I did not intend to. The question was rhetorical.

[texanjoker]

Pretty harsh to go for a rectal based on a dude clenching his butt. I would like to read the search warrant affidavit to hear their side. They must be hard up for a dope arrest if they go through all this. Pretty lame.

[jmra]

Pretty harsh to go for a rectal based on a dude clenching his butt. I would like to read the search warrant affidavit to hear their side. They must be hard up for a dope arrest if they go through all this. Pretty lame.

If the story is legit, it sounds more like a power trip by a few sick criminals dressed like cops than any desire to clean up the streets. Time will tell, maybe.

[texanjoker]

Pretty harsh to go for a rectal based on a dude clenching his butt. I would like to read the search warrant affidavit to hear their side. They must be hard up for a dope arrest if they go through all this. Pretty lame.

If the story is legit, it sounds more like a power trip by a few sick criminals dressed like cops than any desire to clean up the streets. Time will tell, maybe.

I just don't get where people get excited over a simple dope arrest. Dope is everywhere and you don't need to violate anybody's rights to get it.

[android]

The only thing that astonishes me is that after all those searches, they didn't "find" something.
I guess they could only push the medical staff so far?

[Robert*PPS]

Unbelievable. I hope the people of that community are raising the biggest stink that county has ever seen. Rest assured, if this happens in my neck of the woods, I'll be extremely vocal about it. This abuse of authority cannot stand!

[gregsauls]

Lets see. We are talking about anal probing in New Mexico, home of alien spaceships. It all makes sense...

[VoiceofReason]

Charles,

Just curious. Could Eckert be awarded part of or all of the retirement of the LEO’s involved? Hope those guys have personal liability insurance.

They will probably just laugh but I filled in the form at https://tips.fbi.gov/" onclick="window.open(this.href);return false; and put the following in the comment section:

The FBI should investigate the Hidalgo County Sheriff's Office, New Mexico, and the City of Deming Police Department, New Mexico, for actions they took against Mr. David Eckert under color of law.

He has filed a lawsuit against the city, county, and certain Law Enforcement Officers, but if what I read is true, some people committed criminal acts.

I personally would feel safer knowing that the FBI investigated incidents like this and the Justice Department would act if laws were broken.

Sincerely,

My name.

Any one else going to?

[philip964]

http://rt.com/usa/new-mexico-cavity-search-victim-451/" onclick="window.open(this.href);return false;

Coming out of the wood work now. 3rd victim, this time a woman. Feds in El Paso, Texas for this one. Did a CAT scan after probing with fingers. No warrant.

[kragluver]

Ayoob had a good blog on this at backwoods home. Sorry don't have the link. Worth reading. Apparently this guy had a history as a drug mule.

[talltex]

Apparently this guy had a history as a drug mule.

A convenient accusation...but still doesn't make it acceptable or legal

[powerboatr]

WOW
After my experience with the new mexico authorities some years back...this does not surprise me one bit

forcefully sedated and then the anal probing and exploration by colon oscopy........I hope this guys owns the sate after this


I am surprised they didnt do an exploratory surgery and cut him throat to crotch and explore his whole torso cavity