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17 comments

1 RealityBasedSteve  Tue, Nov 5, 2013 6:33:14pm

A perfect example of how the “war on drugs” has turned into a civil rights nightmare.

Eckert was forced to relieve himself in front of the police and medical staff as part of this battery of searches. This is a gross display of what constitutes an unreasonable search and seizure

That’s just a gross display by any measure. Cavity searches, x-ray, enemas and colonoscopy along with public pooping. One good thing, anytime in the near future when I THINK I’m having a bad day, I can reflect on this and decide that life is pretty good after all.

RBS
Hope this guy wins the legal lotto on this one big time.

2 First As Tragedy, Then As Farce  Tue, Nov 5, 2013 6:36:59pm

I’ve seen this story all over the place today, and if the actual facts are anything like what is alleged in the lawsuit, I hope the guy has a squadron of the nastiest, most cold-blooded, underhanded Saul Goodman lawyers the city’s money can buy.

3 SpaceJesus  Tue, Nov 5, 2013 7:32:40pm

The hospital is attempting to bill him for the “procedures” so there is little doubt in my mind that this happened

4 mr.JA  Wed, Nov 6, 2013 5:52:17am

I read the brief - apparently a judge issued a warrant for a body-cavity search, but that was only valid in the county where he was arrested. The local ER doc however, refused to perform the procedure on ethical ground.
Then, the guy was transported outside of said county (and thus outside of the warrant’s jurisdiction) where they found a doc that was willing to perform these procedures.

Personally I think that the judge who issued that warrant was wrong too - you can’t just order a cavity search on someone based on their movement, and the responsible judge should get a ‘slap on the wrist’ for that warrant…

5 BusyMonster  Wed, Nov 6, 2013 5:56:20am

re: #3 SpaceJesus

The hospital is attempting to bill him for the “procedures” so there is little doubt in my mind that this happened

I would tell them in all seriousness that #1 I am never paying a bill for an illegal procedure done against my will, and #2 they could quite vigorously jam it up their own asses.

6 sundude  Wed, Nov 6, 2013 6:33:50am

When the lawsuits are settled, pretty please may this include:

a) a cut to reward the doctor who refused,
b) that at minimum the officer who requested the warrant, the judge who signed it, and the doctor(s) who went along with it be required to “enjoy” these exact same procedures

7 Aunty Entity Dragon  Wed, Nov 6, 2013 7:18:53am

This is simply hideous, and it show the contempt that some law enforcement unfortunately have for other citizens.

8 wrenchwench  Wed, Nov 6, 2013 8:19:28am

re: #3 SpaceJesus

Thanks for Paging this.

9 RealityBasedSteve  Wed, Nov 6, 2013 8:22:39am

re: #4 mr.JA

I read the brief - apparently a judge issued a warrant for a body-cavity search, but that was only valid in the county where he was arrested. The local ER doc however, refused to perform the procedure on ethical ground.
Then, the guy was transported outside of said county (and thus outside of the warrant’s jurisdiction) where they found a doc that was willing to perform these procedures.

Personally I think that the judge who issued that warrant was wrong too - you can’t just order a cavity search on someone based on their movement, and the responsible judge should get a ‘slap on the wrist’ for that warrant…

DING DING DING!!! WInner Winner Chicken Dinner in my mind. I suspect that the city / county entity will be more than willing to go for a quick out - of - court settlement in this one. And the officer should be reassigned as a PLO (Permanent Latrine Orderly)

RBS

10 wrenchwench  Wed, Nov 6, 2013 9:18:27am

I’m concerned that Mr. Eckert doesn’t have very good lawyers. The original complaint has some serious errors. The most serious one is naming the wrong county. Deming is in Luna County. Mr. Eckert lives in Hidalgo County, and that’s the county named in the suit, but not where any of the events occurred. The sheriffs named must certainly be from Luna County, not Hidalgo as in the complaint. Plus they misspell ‘Hidalgo’ as ‘Hildago’ half the time (a common error). One of the officers named as a defendant is Robert Rodriguez, which is spelled correctly in the all-caps titles, but in the body of the text, it’s spelled ‘Rodriquez’, another common mistake.

Mr SpaceJesus, Esq., would a judge throw the whole thing out and ask for a corrected complaint, or act on this as it is, or do something else? The date on the complaint is last August.

11 wrenchwench  Wed, Nov 6, 2013 9:22:21am

Here’s another tidbit I found that concerns me:

His suit accuses the police of unreasonable search and seizure and the hospital and doctors of negligence. Two of the police officers involved said they were acting as part of the “Border Drug Task Force,” according to the suit. Deming, a city of 14,000, is about 35 miles north of the Mexico border.

Read more: businessinsider.com

All the counties on the Mexican border get big bucks paid to their sheriffs’ departments under that program. If this kind of abuse is being enabled by that, it should be discontinued. Yet more ‘border security’ is being called for in EVERY immigration reform plan.

12 wrenchwench  Wed, Nov 6, 2013 10:24:06am

But wait, there’s more:

[…]

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.

[…]

13 Joanne  Wed, Nov 6, 2013 10:40:47am

re: #3 SpaceJesus

The hospital is attempting to bill him for the “procedures” so there is little doubt in my mind that this happened

Maybe the hospital staffer is as outraged as others and is making sure he gets the bill as proof of his defilement.

Yes, my glasses are rose colored, thank you. :-)

14 Joanne  Wed, Nov 6, 2013 10:41:21am

re: #7 Aunty Entity Dragon

This is simply hideous, and it show the contempt that some law enforcement unfortunately have for other citizens.

And does nothing but create contempt FOR law enforcement.

15 BusyMonster  Wed, Nov 6, 2013 10:51:00am

re: #14 Joanne

And does nothing but create contempt FOR law enforcement.

I know I saw one of those articles floating around about “don’t talk to the cops” and how some people think that’s a bad idea.

But seriously. If you’re wearing a badge the only thing I can be sure of about you is that you have zero accountability for whatever bullshit you want to get up to.

I was an adult at the time of the Rodney King affair, and in my mind the lack of law enforcement accountability for wrong-doing (even blatant wrong-doing) has only gotten worse in the last two decades.

16 SpaceJesus  Wed, Nov 6, 2013 10:55:03am

This is just another reason why juries don’t believe or trust police officers. Shit like this makes it harder to prosecute real crimes at trial.

17 Aunty Entity Dragon  Wed, Nov 6, 2013 11:10:18am

re: #15 BusyMonster

I know I saw one of those articles floating around about “don’t talk to the cops” and how some people think that’s a bad idea.

But seriously. If you’re wearing a badge the only thing I can be sure of about you is that you have zero accountability for whatever bullshit you want to get up to.

I was an adult at the time of the Rodney King affair, and in my mind the lack of law enforcement accountability for wrong-doing (even blatant wrong-doing) has only gotten worse in the last two decades.

Yep. I have increasingly come to believe that calling a police officer means you now have TWO problems to deal with instead just the one you already had. Unless you have a legal obligation to call an officer (like you just shot an intruder, or your terminally ill grandparent finally just died in bed)…I would generally advise against it.


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