Cops Subject Man To Rectal Searches, Enemas And A Colonoscopy In Futile Effort To Find Drugs They Swear He Was Hiding
from the a-vulgar-display-of-power dept
This post is going to be very short on commentary because the hideous abuse of justice has basically rendered me near speechless.
David Eckert, a resident of Deming, NM, was pulled over by police officers after failing to come to a complete stop at a stop sign. For whatever reason, the officers decided Eckert was hiding something, or perhaps they were unsatisfied that a routine stop hadn't blown up into something bigger.
They asked him to step out of the car and then searched his vehicle (without his consent). Another officer brought in a drug dog which reacted (a relatively worthless indication of anything -- drug dogs can easily be "alerted" by their controlling officers) to the driver's seat. (Eckert's lawyer calls into question this dog's training, presenting documents that claim to show it hadn't received the proper field training and recertification. See exhibits listed under docket item 27.) Then the officer "observed" that Eckert was standing "erect with his legs together" and his "buttocks clenched." This was all the justification the Deming police needed to subject Eckert to the following horrific chain of events at a hospital in neighboring Silver City.
1. Eckert's abdominal area was x-rayed; no narcotics were found.At no time did Eckert give his consent to these searches. The police did obtain a warrant to rectally search Eckert but that warrant itself was problematic. For one, it was severely lacking in probable cause. For another, it was valid only for Luna County but the searches were executed in Grant County. Third, the warrant was only valid for four hours, up until 10 pm that night. Eckert was held for 14 hours and, according to medical records, prep for the colonoscopy didn't even commence until 1 am the following day.
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.
Why the venue shift? Because the doctor at the Deming hospital told officers the proposed search was "unethical." Drs. Robert Wilcox and Okay Odocha of the Gila Regional Medical Center apparently had no qualms about forcibly "searching" Eckert eight times.
There's more in Eckert's complaint, including the fact that the second x-ray was of his chest, an area completely unrelated to the region where he was supposedly "concealing drugs." In addition to what can be proven from medical records and police reports obtained by Eckert's attorney, there are additional allegations that the officers Chavez and Hernandez mocked him and made derogatory comments about his "compromised position." They also allegedly moved the privacy screen repeatedly to expose him to others in the hospital hallway. This verbal abuse apparently continued during Eckert's ride back to the Deming police station. Understandably, Eckert now claims to be "terrified to leave the house" and does so "infrequently."
There are many lawsuits filed where most details are alleged. This isn't one of them. Most of what's "alleged" by Eckert is documented by the routine paperwork that accompanies medical procedures and search warrants. And, to add insult to injury, KOB4's news team states that the Gila Regional Medical Center is billing Eckert for the invasive, non-consensual medical procedures and has threatened to take him to collections for non-payment.
The only question that remains is why no one involved on the "law" side ever thought that anything past the first step on the list above might be excessive. These officers, along with two shamefully compliant doctors, went as far as they could to humiliate and violate someone simply because they could -- in a collective effort that looks far more like making Eckert pay for the "crime" of making the cops look stupid than any sort of legitimate law enforcement effort.
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Filed Under: abuse, cavity searches, david eckert, doctors, drugs, ethics, law enforcement, war on drugs
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I share the feeling. I believe most readers will agree. These officers must be jailed and stripped of any authority. And the doctors should be severely punished too but I'm not sure how.
I'm guessing people would rather be stopped by muggers now than interact with the police in the US, no? I know that feeling quite well unfortunately.
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A cop though? He can rough you up, throw you in jail or ticket you on some trumped up charge, and if you think you're in danger and try and defend yourself you're likely to get tazed, pepper-sprayed, beaten, possibly shot, and then (assuming you survive)to add insult to injury you'll be charged with 'resisting arrest' and 'assaulting a police officer', likely leading to massive fines if not jail time.
Yeah, I'd take a mugger over a cop any day, the mugger is far less of a threat.
(And to those that inevitably will chime in with 'not all cops are like that', that's nice, but how are you supposed to know before your face eats asphalt that the cop you're dealing with is a sociopath, and what, other than hope you don't set them off somehow, are you supposed to do if the cop is a nutjob on a powertrip?)
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we *THEORETICALLY* have the 'right' (what, we have 'rights', what are those?) to resist an ILLEGAL intrusion and assault by donut eaters, BUT THAT NEVER WORKS NO MATTE HOW WRONG THE KOPS ARE...
in other words, we *PRACTICALLY* speaking, have NO FUCKING RIGHTS AT ALL compared to donut eaters...
dog damn, i love the constitution, so i must hate my country...
art guerrilla
aka ann archy
eof
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The doctors should lose their license to practice medicine. I'm not sure if this meets the technical definition for malpractice, but it is definitely a gross ethicial violation, and a violation of their oath to do no harm. They also need a round of huge fines on both the hospital, and the doctors involved, as well as that ridiculous attempt to collect payment for the procedures nullified.
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I applaud the doctor at the Demming hospital for having the guts to say no to these animals.
Doctors take an oath, an oath to do no harm. This is an egregious violation of that oath. Its the very definition of unethical, doctors have been sued and lost their licenses over less. I hope the same happens here.
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Repeated anal probing, and especially a colonoscopy is far beyond where any doctor should be comfortable, regardless of what the warrant says.
Personally I would rather join Eckert in jail than perform such unethical, humiliating, illegal and disgusting acts at the behest of the police.
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No. Doctors are not "required by law. to perform invasive tests all the time."
Where did you get that?
I haven't read the legal documents but I would be curious to see the signed HIPAA forms and the plaintiff's "Inform ed Consent."
I can't count the number of things which were wrong. (And where was the hospital lawyer in all of these shenanigans?)
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Have their licenses to practice removed. That will send a message to any doctors who fail to uphold their oath that they took to get their licenses.
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...And the Judge should issue an order that all the medical personnel involved -will- change their last names to "Mengele" within 60 days.
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Though I do fully agree with jail time. It's criminal to violate that many Constitutional rights...
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That person will then be stripped of their position and not allowed to hold a government position or position paid by the government, ever again.
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Sounds nice in theory
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WTB Edit button...
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Simple answer - any invasive procedure that is performed without the patients consent or a valid court order is a criminal assault.
Charge the doctors with assault - if they are found guilty they will also be disbarred from practising medicine. After they get out of prison they will have to find work more in keeping with their low moral standards.
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To cops and those that defend them:
You want to repair your rep with the people, even if a bit? Start calling, vocally, loudly, and most importantly publicly for criminal charges, jail time, and immediate firing(none of that 'paid vacation/suspension' crap, the facts are abundantly clear here) of those thugs/'officers' involved.
Hide behind the infamous 'blue wall of silence, and stay silent on this case, and you do nothing more, and nothing less, than show why more and more of the public are coming to view the police force as no more than thugs with badges.
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Not going far enough
And it better be for a Class B/1 Felony. If they end up convicted, they should forever be barred from serving in any law enforcement capacity, in the military or for a security service. Also, no more second-amendment rights for them.
Hell, invent the new law of forcing them to register as a Psychopath Offender (PO) for the rest of their lives.
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Re: To cops and those that defend them:
"If the Mafia replaced the Government,
We'd probably have half the corruption,
And twice the fun!"
So true.
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Rape can only be committed by a person. In the USA, by definition a person means a corporation, but can also be construed to mean a natural human being.
But a person cannot be a government, state or local jurisdiction. At least not without congressional action. And that does not happen without palms being greased.
And as for the police being jailed, they can always say: bu, bu, but . . . I was just following orders. (Or zero tolerance policy, or whatever)
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That is not a valid defence, as supported by the USA at the Nuremberg Trials, where similar and worse offences were tried.
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And corporations are people too.
As for the multiple rapes, since the government did it, nobody will get in any trouble. After all . . . terrorists! Narcotics! Think of the children!
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And it was. The doctors raped him.
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Any two or more people who conspire within the territory of the US to deprive any person of constitutional rights are guilty of a felony punishable by 10 years in prison. If a sexual assault occurs as a result of the violation, the maximum penalty rises to life in prison without possibility of parole or execution. This would apply to anyone who carried out such medical procedures without lawful cause, the police themselves and even hospital administrators who approved the medical procedures. Even if the police showed the warrant, the time and place restrictions on it would have made its illegal nature clear to all.
Don't believe me? Would you believe the US Department of Justice?
http://www.justice.gov/crt/about/crm/241fin.php
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is it any wonder why the public has lost almost all it's respect for law and those who are supposed to act in it's name?
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There's other questions in my mind, some along the lines of "was this the first time this kind of thing has happened in this county?" and "was this the first time they forgot to plant some evidence after they failed?". Not to mention "will the cops and physicians involved lose their jobs over such atrocious behaviour?", to which I sadly suspect the answer will be no.
Kudos to the doctor who refused to participate, however.
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KOB4 has your answer: "Another man, another minor traffic violation, another incident with Leo the K-9 and another example of the violation of a man's body."
-- http://www.kob.com/article/stories/S3210356.shtml
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A small glimmer that the system is not entirely broken, KOB4 also reports:
"The doctors from the Gila Regional Medical Center have been turned over to the state licensing board. It's possible they could lose the ability to practice to medicine."
Hope those pigs loose their ability to work for law enforcement.
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Re: first time?
http://www.kob.com/article/stories/S3210356.shtml?cat=500#.UnuPH3VDslA
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Everyone who had a hand in this man's trauma deserves jail time, bankruptcy, and whatever other punishments they deserve.
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Otherwise, we're left with a real puzzle as to why these people were so convinced that the guy had drugs, despite all evidence to the contrary, that they'd commit such unethical (and, I would hope, illegal) actions. "He's black so he must be guilty because we're racist assholes" would neatly answer this question.
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"Likely" based on what evidence?
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He was probably a different ethnicity than the police officers...
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Brings to mind Constable Savage.
"would I be correct in assuming that Mr Kodogo is a coloured Gentleman?"
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Lottery
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I hope the person who respectfully submitted it just has someone who is really bad at english working for her.
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So many people should be fired over this, all the cops involved, the judge who issued the warrant. The hospital administration which allowed this to happen in their facility, along with the doctors who performed these procedures.
As egregious as this was I would think that the Feds might get involved too.
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https://www.youtube.com/watch?v=bFy8sW9KgOg
Cops picked up a man on a DUI, then proceeded to leave him in solitary confinement for years. He got $15 million.
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He should be shot on sight IMO. Would spare 15 million dollars of taxpayer money.
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Get a Jury
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Good news for colons
Good news: colon cancer may soon be history!
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How is this NOT covered by law enforcement? You forced someone to undergo an invasive medical procedure so you could collect evidence against them to use in court, and now you're charging THEM for the bill?
That's like the cops grabbing a sample of your DNA to see if you're the killer in a crime they're investigating, and then charging you $10,000 for a lab to do that work because the DNA wasn't a match so they couldn't have the prosecutor pay for it.
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Really, their big mistake was insisting on multiple anal rape instead of settling for an x-ray, and taking his pants for "testing". Take the pants, spill a little crack in a back pocket, done. Evidence planted that could plausibly be missed during a routine search.
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Perfect chance to slip a little bag of crack up there...
Seriously, if the doctors were unethical enough to go this far, they certainly could have been complicit in that as well.
And then they had the gall to bill the guy for this...
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For the first one, the doctors could easily think they'd be legally covered. The second just screams "You will be held liable if and when this gets out."
Lacking cooperation with the doctors, I doubt the cops would have been allowed the opportunity to plant anything while the guy was unconscious. Also, again I doubt they would have had the opportunity to acquire the drugs they would need to plant.
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A patient (which this person was) has the right to refuse any medical procedure or treatment (which both the probing and colonoscopy was).
The only exception I know of to this is if the person was being held under an involuntary psychiatric hold (which this guy was not), in which case he still has the right to refuse certain treatments.
Whether or or not the warrant was valid or not, (which it was not), this was a violation of every ethical principle I know in medicine. It is a great shame to these doctors/rapists, and the medical profession in general.
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Don't be silly, Rikuo it's not rape because men can't be raped, only women can.
Have fun.
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We have our problems, but last I heard nothing that bad.
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A Vulgar Display of Power
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Father Damien Karras: If you're the Devil, why not make the straps disappear?
Demon: That's much too vulgar a display of power, Karras.
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Oh, there is definitely going to be a major lawsuit filed over this oone and I suspect that he's also going to sue the hospital for daring to charge him for a medical procedure that he didn't even agree to.
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Also, I don't know about colonoscopy's, but enema's are VERY unpleasant. I was unfortunate enough to need a few for valid medical reasons a few years ago during a long hospital stay.
While some give themselves enemas as part of sex play, I don't see why anyone would ever want to. As I said before, the enemas I had in the hospital were a very unpleasant experience, even with a young and beautiful nurse doing it to me, a single 20 something guy.
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"was unfortunate enough to need a few for valid medical reasons a few years ago"
Erm, I get your point but if they're required for valid medical reasons then they are useful, however unpleasant.
As for why people would want to do it, people do all sorts of unpleasant crap if they're into that specific thing, *especially* for sexual reasons...
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Doesn't matter if useful or not, if someone fills up my tank without my permission, I qualify it as a free gift and move on. I don't know about today, but not long ago the law would have agreed with me.
I haven't had a colonoscopy, but a friend of mine did. From what he said, "unpleasant" is an understatement. It takes a long time for your system to get back in order, and there's a reason why they sedate.
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Enemas are more or less like that, but there is no inflation and the pressures involved are low, just water pumped inside of you without much pressure, still very uncomfortable
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No, that's like the gas station billing you for the gas the cops used when they drove you to the hospital for your rape.
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You should see what they did to the driver's seat.
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Jury Trial on damages
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If it bankrupts those involved, tough, it's far less than they'd deserve for such heinous actions.
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Hang Them
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And this is why...
AFTER they are subjected to the same treatment they gave the poor dude.
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Those assholes need to be fired, arrested, tried, and anally probed by Dr. Fatty McThickfinger.
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I guess the police are trying to compete with the NSA.
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Obligatory Monty Python reference:
---Are there? Oh well, tell us.
Sir Bedevere: Tell me. What do you do with witches?
--Burn them.
Sir Bedevere: And what do you burn, apart from witches?
--More witches.
--Wood.
Sir Bedevere: Good. Now, why do witches burn?
--...because they're made of... wood?
Sir Bedevere: Good. So how do you tell whether she is made of wood?
--Build a bridge out of her.
Sir Bedevere: But can you not also build bridges out of stone?
--Oh yeah.
Sir Bedevere: Does wood sink in water?
--No, no, it floats!... It floats! Throw her into the pond!
Sir Bedevere: No, no. What else floats in water?
--Bread.
--Apples.
--Very small rocks.
--Cider.
--Gravy.
--Cherries.
--Mud.
--Churches.
--Lead! Lead!
--A Duck.
Sir Bedevere: ...Exactly. So, logically...
--If she weighed the same as a duck... she's made of wood.
Sir Bedevere: And therefore...
...A witch!
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Complex social issues cannot be solved through force/aggression/violence (or threat thereof). It always makes matters worse in the long run.
I prefer consensual relationships and voluntary exchange.
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WTF???
Not entirely surprised that two cops felt that they couldn't be found to be wrong, but to me what's more shocking is that two doctors complied with what happened! Unbelievable!!
Not being American, what are the possible punishments for the doctors?
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Five bucks...
The doctors MIGHT loose their licenses, but that's as bad as it will get for them.
Any takers?
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Things are looking up
http://www.kob.com/article/stories/S3209305.shtml?cat=500#.Unpo_nvn-Cg
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http://www.kob.com/article/stories/S3210356.shtml?cat=500#.UnrRl-KQORM
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.
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Windfall!
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And I don't think the hospital can claim immunity for attempting to bill someone who they performed procedures on against his will and while violating his rights. Even if they were somehow protected during the initial violations, which I don't think they are, this is a separate act unrelated to orders from law enforcement.
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All the money.
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Let's see if there's anything that police can do that will not be condoned by their superiors. If this behavior is declared "in the line of duty", the police may as well start robbing banks and going on shooting sprees in malls; clearly anything they did would have no repercussions.
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And Ya'll Thought it was a Joke....
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NSA must have tapped David Eckert's phone, and then tracked his GPS signal. Telling police to "be on the lookout" for this make/model/color car.
Police then pull over Mr. Eckert, but are unable to find any drugs. Police think they have a bullet-proof lead from the NSA, so continue to torment this man because they're 100% sure the NSA lead can't be wrong.
Either that, or the police pulled over the wrong car. Or I suppose there could have been a mixup at the NSA and they fingered the wrong person.
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Police officers receive some words from the subject of their attention and perceive this as a direct threat to their authority and ego than proceed to humiliate the subject to teach him a lesson.
The public should do some "sting operations" to catch bad cops, set up them to fall for the bait and punish them in public and through the courts.
The hard part will be to find people willing to take physical abuse from them so it can be recorded.
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http://www.opposingviews.com/i/society/crime/new-mexico-man-david-eckert-subjected-repeated-anal -probes-after-routine-traffic
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Serendipity?
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Speaking of History
This man should be given anything he wants for a legal reward, and that should be in the millions of dollars.
I thought that forced operations were gone with pre-frontal lobotomies, Nazi experimentation, and the Tuskegee experiments.
I guess I was wrong. The doctors who performed these operations, and the cops/judges who allowed it to happen should be fired, and prosecuted to the fullest extent of the law, and I mean federal level.
Seriously. Absolutely unspeakable.
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Probable cause?
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2.Give those who did this jail time where they can be tossin da salad amongst the people they put in jail
3.Subject them to the same things done to this poor man
4.Hang em High............why not those Coppers and those who went along with this are Animals and a menace to society.
Fuck The Cops !
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Or at least those who had a finger in this.
(Sorry couldn't resist)
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Just another reason....
Now that being said I will never step foot in the USA again, your police are corrupt, your government is corrupt and now your doctors are corrupt. In my opinion there is no way to trust any person of authority down there, as they have shown now.
Time for you guys to go back to the starting point and try again.
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You can't just accept that the police in this case were complete sociopaths on a power-trip for whatever reason they happened to dream up that afternoon? No, you have to gargle the rapists balls and disparage the victim... fuck you
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Re:
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Is the 4th Amendment now only a dirty joke?
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Yikes...
http://www.kob.com/article/stories/S3210356.shtml?cat=500#.Unq3RRAufkc
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Sounds like no charges
I am curious, to a limited degree, why there hasn't been a federal or state probe over this. As pointed out, the warrant had issues and beyond that, the cops failed to execute it properly. So their actions WERE completely illegal and the DA has either failed to press charges or is refusing to press charges.
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Re: Sounds like no charges
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The police are
I've heard a reputable account of a case during the 70s in which anal rape and sodomy was used punitively against a suspect, under the pretext of searching for drugs. The man had persuaded his girlfriend to carry drugs across the Canadian border for him and they got caught. This was during Nixon's War On Drugs (the original) and so this 18 yo girl was looking at a 20 year minimum. He wouldn't confess no matter how they threatened him so they performed a cavity search on him repeatedly. He took it though, and ended up going free, while his girlfriend did the time.
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GANG RAPE!
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Not surprisig
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1. The second medical facility, which is not very large, is in Silver City which is 50 miles from Deming. They could have gone to a much larger facility in Las Cruces, which would have been 10 miles further.
2. The surgeon, who is probably the one who did the colonoscopy, is from Nigeria -- and previously practiced just outside of Washington DC.
3. Doctors always have the absolute right to refuse to treat somebody, in spite of what a policeman might say.
4. There was recently a chiropractor in Silver City who was shot in his office by a meth head. Fortunately, it was a "flesh wound", whereupon the chiropractor disarmed the meth head, and beat the living daylights out of him.
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Civil Damages for police malfeasance
As it is, the taxpayers get stuck with the bill for things beyond their control in this era of fascism.
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Of course, even if true, this does not justify a search. Even if he was a known drug dealer who was previously convicted in court of shoving drugs up his butt (which he isn't, of course) that is not probable cause for thinking that he has drugs there at that particular moment.
This guy is going to win his lawsuit no matter what because the warrant expired before many of the procedures were done, and it was for the wrong county. Even if the warrant itself was deemed somehow valid, I don't think they can get around this.
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Re: Gossip
It does matter that they broke the law on innumerable counts and nothing in the world is going to make any justification stick in the real world in front of a jury that will undoubtedly have very little sympathy for torture.
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http://www.usnews.com/news/articles/2013/11/05/man-seeks-millions-after-nm-police-force-col onoscopy-in-drug-search
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Remind me to never EVER drive though New Mexico
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Anal Gang Rape Under the Color of Law
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For the whole department.
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We Are Protesting This!
Search Facebook for "Gila Regional Protest" and show your support.
Many local residents are concerned and organizing a peaceful picket line to express their disapproval of these actions.
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Ekhart
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