By on November 5, 2013

fletch1653

When David Eckert left the Wal-Mart parking lot in Deming, NM, he apparently failed to come to a complete stop at a stop sign. What happened next is the stuff of prison-planet nightmares.


Multiple sources, including The Blaze, have reprinted Mr. Eckert’s harrowing experience, related below by his attorney and reportedly confirmed by medical records. It began when the police believed he was “clenching his buttocks” as he exited the vehicle. He was taken to a local hospital to have his rectal cavity probed. When the doctors there refused to perform the procedure, the cops took him to a hospital where they weren’t so hung up on the whole human-dignity thing. And then:

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.

It simply beggars belief that this sort of thing could happen to an American citizen for virtually no reason whatsoever. One has to wonder about the mindset of the judge who signed a search warrant for a procedure like this and the mindset of the doctors who agreed to carry the procedure out. The prospect of a nation full of police officers being trained to evaluate “clenched buttocks” also fails to instill any confidence whatsoever in our government. In effect, Mr. Eckert was treated worse than a prisoner in a maximum-security facility; they’d have given up after the enema.

The most frightening part of the entire story is the suspicion one gets that the colonscopy was, effectively, a punishment for complaining and causing trouble during the other parts of the assault. Your humble E-I-C pro tem happens to be acquainted with a fellow who, after complaining about symptoms of meningitis during a stint at a Midwestern correctional facility, was repeatedly beaten with a pair of handcuffs before being told, “If you don’t shut the f**k up, we’ll let the nurse practice her spinal tap skills on you and there’s a solid chance the bitch will paralyze your ass.” The Hippocratic oath isn’t always “top of mind” for the sort of people who rent themselves to the State.

Should Mr. Eckert be successful in his lawsuit, look for everybody involved to be “punished” with copious amounts of paid vacation time, much like the UC Davis cop who was given paid time off and disability bonus that totaled more than twice the amount paid to any of the students he assaulted. In the meantime, underemployed TTAC readers of a certain age might want to consider the fact that free colorectal scans are apparently available in New Mexico. It’s never too soon to take an active interest in these sorts of things, you know, particularly since the Affordable Care Act now protects you from being rendered uninsurable by pre-existing colon-cancer conditions. The only problem is that the procedure wasn’t actually free; according to Reddit, Mr. Eckert is being billed for the services after the fact.

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123 Comments on “New Mexico Subjects Apparently Innocent Motorist To Twelve Hours Of Rectal Violation And A Forced Colonoscopy...”


  • avatar
    highdesertcat

    .. I keep getting :”Internal Server Error”….

    This is nothing new in New Mexico, the Land of Entrapment, as many travelers with out-of-state license plates can attest to.

    Probable cause? What’s probable cause?

    There once was a semi-driver on US 70……..

  • avatar
    thelaine

    He really should have known better than to clench his buttocks as he exited his vehicle. Not blaming him, but inappropriate buttocks clenching is really a dead giveaway. Any good cop is going to look askance at an overly clenched buttocks. Good police training focuses on suspect ass behavior. A man who cannot control his ass during a traffic stop is going to attract a lot of unwanted police attention.

    Nixon used to clench up all the time. He was known is some circles as “Dick the Clencher.” Kennedy, on the other hand, had perfectly relaxed butt cheeks, which is why he won the debates.

  • avatar
    Charliej

    I am so glad to not live in the US any more. It really pains me to know that by home has become a police state. I hope that when the lawsuits are over, this guy owns the town. The cops and the medical staff who participated in this need to be fired.

    • 0 avatar
      Piston Slap Yo Mama

      As much as I’d like to give the finger to the USA & hop the next train to somewhere better, I’m committed to staying and making this a better place. To do otherwise is to let evil win.

      To those who weigh in on this topic with har-har jokey comments – this is no joking matter. This behavior by police is becoming MORE common and must be stopped. I read the affidavit on this case and got so angry I had to take a walk to calm down: http://www.scribd.com/doc/181747773/Complaint-David-Eckert-v-City-of-Deming-Hildago-County-Gila-Regional-Medical-Center

      Most importantly is this: when cops do bad things, it’s the taxpayers who pay the fines. Cops should face a lifetime garnishment of their wages as well as incarceration so that they shoulder the burden of their actions. Organizations don’t feel pain or remorse, humans do. Cops who deviate from protocol should personally bear punishment for their behavior as well as their respective departments.

      Any cops out there reading this, please do me a favor and seek other, more meaningful employment. Like waste disposal. Yes, I know there are “good cops”, but they’re a small minority.

      • 0 avatar
        Kenmore

        Yum! What did you garnish these wages with?

      • 0 avatar
        Pch101

        There’s the complaint filed by the plaintiff, and then there’s the counterargument.
        ___________

        The searching began, according to the suit, because one of the Deming police officers was suspicious of Eckert’s posture as he stood outside his car, as though Eckert might be clenching his buttocks.

        That was relevant because Eckert has a reputation among area law enforcement officers for hiding drugs in his anal cavity, acknowledged prosecutor Daniel Dougherty, according to a response to the lawsuit filed by his attorney.

        Eckert denies that claim. Lordsburg court records show a man, bearing Eckert’s name, with several drug cases against him, some of which have been dismissed.

        http://www.lcsun-news.com/las_cruces-news/ci_24461411/lordsburg-n-m-mans-federal-lawsuit-claims-police
        ___________

        If true, then Eckert isn’t exactly a model citizen, either. That doesn’t necessarily mean that the cops didn’t go too far, but the other side does have a story to tell.

        • 0 avatar
          Piston Slap Yo Mama

          It makes zero (0) difference whether he has a previous drug conviction. Any prior history is totally inadmissible to this traffic stop & there’s no “other side” to this story. He didn’t have drugs in his arse, the search warrant wasn’t used in either the correct county or within its applicable time frame and the hospital that anally raped him has no legal or defensible argument for what they did.

          Pffft, “other side”. Puh-leez.

          • 0 avatar
            Pch101

            Based upon the informaton provided, the initial stop was justified by reasonable suspicion and it was a good arrest.

            The problem is with the extent and details of the search that occurred thereafter, but the arrest itself looks reasonable.

            There is another side, even if you refuse to acknowledge it. You’re welcome.

          • 0 avatar
            Piston Slap Yo Mama

            PCH101: Good arrest? Great god almighty you’re a moron. If clenching your ass merits a “good arrest” then I’m headed for the pokey. Did you know their drug sniffing dog wasn’t actually a trained drug sniffing dog? Did you also know that the po-po did this same anal-rape-by-doctor to another innocent motorist who similarly didn’t have a rectal stash? Did you know that he wasn’t arrested because that happens AFTER contraband is found?

            I’m wasting my time replying to you. If you think this was a “good arrest” then you don’t merit the effort. Please go to Deming and clench your ass.

          • 0 avatar
            Pch101

            Forgive me, but it’s hard to take your accusations of stupidity seriously when you don’t know the difference between a complaint and an affidavit.

      • 0 avatar
        racer-esq.

        “Yes, I know there are ‘good cops’, but they’re a small minority.”

        99 percent of cops give the rest a bad name. The big problem is police unions. Both in terms of stuff like this (or the NY cops that gang raped a woman and got a high price lawyer from the union), and in terms of the redundant positions and obscene pay, benefits and taxpayer funded retirements that are bankrupting municipalities.

        The solutions are to make cop jobs right-to-work so that the good cops can opt out of contributing to the scum bag Fraternal Order of Police, etc., and for people to pay a lot of attention to local politics that that there is something to counter the power police unions have in local politics.

        Here is a scum bag Fraternal Order of Police rep saying it should be a felony to video tape a cop:

        http://gizmodo.com/5741450/recording-a-police-officer-could-get-you-15-years-in-jail

  • avatar
    E46M3_333

    .
    I hope they at least bought the guy dinner first.
    .
    .

  • avatar
    mikey

    It could be said that, Police were being somewhat anal.

  • avatar
    WhiskeyRiver

    thelaine’s comment deserves repeating.

    “Good police training focuses on suspect ass behavior.”

    Whoever provides this training has a shitty job.

  • avatar
    mikey

    Joking aside, if the world was perfect. The staff at the first hospital would be praised. The Doctor at the second hospital should should lose his license to practice. The cop, and his superviser, should be terminated.

    However, as were all painfully aware, the world is far from a perfect place.

    • 0 avatar
      stuki

      If the world was anywhere near perfect, these cops, those who hired them, those who hired those again, all the way up to the governor of the dump of a state they operate in; should be stripped of all they own up to and including every saleable internal organ, and all they could ever come to make; then be casually gunned down and left to rot like the worthless vermin that they all are.

      And also, in anything resembling a perfect word, people would be sufficiently well armed to not have to put up with that kind of nonsense from a gaggle of taxfeeding leeches barely worthy of the bullets it would take to improve this dystopian hellhole a smidgen by ridding it of them.

      As it is, the best we can hope for is that the so called terrorists “win.” At least in Afghanistan and similar places, there is much more parity between the guns carried by decent people, and those available to the tax feeders.

  • avatar
    Scribe39

    If the facts are as presented, there should be a house-cleaning at the hospital and police department.

  • avatar
    davefromcalgary

    just, wow…

  • avatar
    ckb

    Can/should the officers involved be charged with rape?

    • 0 avatar
      lon888

      I would have screamed rape. If for no other reason, I might get the attention of someone who might have been able to intercede. Cops should be fired. Medical people should have their licenses pulled.

  • avatar
    rudiger

    Glad to hear law enforcement’s finally cracking down on motorists who walk around stiffly with clenched buttocks after rolling through those Wal-Mart stop signs.

    Sounds like Deming, NM, might be just the place for former Utah state trooper, Lisa Steed, who was recently found to be very fond of arresting lots of motorists for DUI but then were later found to have not one ounce of any alcohol or illegal substance in their blood. Of course, she’ll need time off to go back to Utah to answer all those pesky class-action lawsuits now lined up against her and the Utah highway patrol.

    And, too, the judge and detectives from Liberty, NY, who hauled William Barboza into court and arrested him for writing ‘F*ck your sh!tty town bitches!” on his speeding citation payment, citing it as the crime of ‘harassment with intent to annoy’.

    Or maybe the small town of Elmwood Place, OH (pop: 2,188) that made themselves a cool $1.2 million in a two month period after they created a nice little speed trap with an automated, privately contracted photo camera (where the company gets 40% of all fines collected) and only stopped doing it (well, sort of) after a judge ruled that it was illegal (the first time ever in the US), even though privately owned/contracted speed cameras are going up all over the country.

  • avatar
    April

    Usually they just pull someone over and confiscate any money they find. Oh, and illegal drugs.

    o_O

  • avatar
    stevelovescars

    Did they still give him a ticket for the alleged rolling stop?

  • avatar
    Kenmore

    Let’s see who the real geezers are here:

    “Wanna wanna wannan enemaaaaa…
    AAAAAN eNEmaaaaaa”

  • avatar
    henkdevries

    These cops are not the brightest. After the second penetration they could have stepped back a little and overthought what they were doing. Stop right now or carry on? If we stop we admit that we are wrong and if we go on we MUST find something. Why don’t we penetrate him a third time and plant something? The doc can be paid, if he is fraudulent enough to do this procedure.

  • avatar
    Big Al from Oz

    Poor guy.

    Talk about inadequate training for the law enforcement officers.

    Then, he has to pay for the medical bill!

    Land of the free?

  • avatar
    dastanley

    Maybe the guy had to take a dump (or diarrhea) when first pulled over, which might explain his clenched buttocks. Nothing worse than having to blow mud when driving.

  • avatar
    Jimal

    If these allegations prove true, I welcome the State of Eckert to this great nation…

  • avatar
    Lie2me

    Your friend was telling the truth, Jack, I have a similar friend who received the same treatment because he asked for help during an epileptic seizure. This isn’t made for TV, this is real life stuff

  • avatar
    don1967

    The butt-clenching story appears to be the attorney’s version of what triggered the arrest. If you accept that without any critical analysis, then I’ve got a copy of The Truth About O.J. written by the Kardashians that might interest you.

    As for Jack’s suspicion that the anal probing was “punishment” for something the claimant did, where in the story did anybody (including the attorney) present any evidence of this? Seems that is not “part of the story”, but rather part of Jack’s imagination.

    • 0 avatar
      Detroit-Iron

      So where were the drugs Himmler?

      • 0 avatar
        Detroit-Iron

        @don1967

        I am not sure what your point is but after looking at your thoughtful comments on some other subjects I would like to respectfully roll-back my invocation of Godwin’s law.

        • 0 avatar
          don1967

          Well, thanks… I guess.

          My point is that a key element of this story – the motivation/trigger for this invasive search – is lacking in factual support or even balanced testimony. Just the words of a paid attorney, and the speculation of Jack Baruth who was not a witness.

          • 0 avatar
            Detroit-Iron

            Unless you are disputing the facts for some reason known to you I am going to have to reinvoke Godwin’s law. Don’t you think that after the x-rays and the second ass-rape came up empty that a non-psychopath would give up?

          • 0 avatar
            Piston Slap Yo Mama

            Read the affidavit I linked to in my earlier post above. Eckert had been pulled over previously and harassed, finally using the “am I being detained” gambit so that he could escape the cops and be on his way. The cops didn’t forget this and sought him out for a thorough rogering by way of retaliation. Jack was not speculating, and it’s odd that you’d fall on the side of doubting this harrowing despicable tale. This kind of behavior is becoming closer to the norm for our lovely law enforcement agencies, I guess because they weren’t smart enough to become proctologists.

          • 0 avatar
            don1967

            @Detroit: Where in any of my comments have I endorsed 12-hour anal probes, or disputed any “facts” in this case? I have only pointed out the lack of factual evidence, and the abundance of partisan allegations and editorial bias. But by all means invoke Godwin’s Law if it saves you the burden of intelligent discussion.

          • 0 avatar
            Detroit-Iron

            @don1967

            How about this: let’s assume that the cops had probable cause that we don’t know about because (in your words) the story isn’t “balanced.” After which of the three ass-rapes (and x-rays) would you concede that they had gone too far?

          • 0 avatar
            Detroit-Iron

            Let’s not jump to conclusions, maybe he deserved that third ass-rape.

          • 0 avatar
            Detroit-Iron

            As a matter of public policy I think it is a good idea to ass-rape everyone two or three times just in case they committed a crime. If they have prior convictions or are mouthy well that is just icing on the old ass-rape cake.

    • 0 avatar
      Lie2me

      “As for Jack’s suspicion that the anal probing was “punishment” for something the claimant did, where in the story did anybody (including the attorney) present any evidence of this?”

      Where was the supporting evidence that called for these extreme measures of search? Crack pipe on the console? Needles in the glovebox? Jack’s jump to conclusion is the result of there being absolutely no other evidence of drugs other then a flexed butt-muscle

      • 0 avatar
        don1967

        “Jack’s jump to conclusion is the result of there being absolutely no other evidence of drugs other then a flexed butt-muscle”

        You’re missing my key point, which is that we don’t know from this report what evidence existed. Everything comes from the plaintiff’s attorney.

    • 0 avatar
      Pch101

      “As for Jack’s suspicion that the anal probing was “punishment” for something the claimant did, where in the story did anybody (including the attorney) present any evidence of this?”

      The length and extent of what was obviously a fishing expedition certainly brings motive to mind. There’s a point at which a failed search needs to be halted.

      • 0 avatar
        don1967

        Agreed that it was a fishing expedition that should have been called off at some point, Pch101. But that in itself does not necessarily prove revenge as the motive. It could also be that the police had stronger evidence than what the lawyer is suggesting. But we’ll never know from the Blaze’s reporting of events, because it covers only one side of the story and is clearly loaded with editorial bias. This is not objective journalism.

        An interesting tidbit is why the first doctor refused to do the search on “ethical” grounds. It certainly sounds damning, but once again the information is presented in an editorial context with little supporting detail.

        • 0 avatar
          Pch101

          Eckert supposedly has a track record for doing this kind of thing.

          But nonetheless, there is a limit to how far the police can go, and it would seem at first glance that they exceeded it by a rather wide margin. They were probably irritated that they didn’t find anything, and kept looking in the belief that it was a win-win. (If they found something, then they could bust him; if they found nothing, then they could at least give him a hard time and send him a message.)

          • 0 avatar
            rudiger

            It definitely appears that the cops wanted to send the message that no one refuses any kind of cop ‘request’ (even if it’s your constitutional right to do so).

            Something that’s kind of been missed is that the cop who performed the actual traffic stop didn’t even witness Eckert supposedly running the stop sign. So, the question becomes, what was the detective who reported Eckert actually doing?

            The whole thing seems to indicate the cops had this planned to the point that, the next time any of them saw this guy, he was going to get stopped, and if he followed his past practice of refusing to consent to a search, they were going to do an ‘extensive’ anal cavity search, no matter what, to make sure he (and the rest of the town of Deming) knows who’s boss.

          • 0 avatar
            Piston Slap Yo Mama

            rudiger: you have nailed it. The cops were sending a message and the rolling stop was a pretense to rain hurt upon an innocent man. Deming was their fiefdom and Eckert was intended to be an example of their unfettered powers over the citizenry.

            Pch101: track record for doing what, exactly? Innocently going about his business? Buying plastic shite at Wal Mart? It matters not a whit if he’d had a previous run in with the cops, innocence is presumed unless proven guilty. Would you give a yearly audit to someone who cheated on their taxes once?

            There’s no defending the cop’s behavior and there’s no other side to this story. It could not be more black & white – these cops need to suffer.

  • avatar
    thelaine

    Little known fact. This is how we got OBL. NSA monitored millions of Paki asses until they located the one with the distinctive “Bin Laden Clench.” Bam. Navy Seals did the T-stop. Deming is on the cutting edge of ass-centric law enforcement.

  • avatar
    Larry P2

    Big media focuses obsessively on its NSA spying fetish, giving 24/7 coverage to real and imagined constitutional violations in the collection of phone data.

    The local and state police are FAR FAR more dangerous and get FAR less scrutiny by the media and by the courts. There is mounting evidence that the local police are being trained to view us as hostile enemy combatants. They are merely acting in accordance with their training.

    The police state is here.

    • 0 avatar
      Lie2me

      ” They are merely acting in accordance with their training”

      Does this training eliminate their discretionary ability to reason

      • 0 avatar
        rudiger

        “They are merely acting in accordance with their training” sounds a bit too close to one of the three great tenets of a totalitarian society – “I’m only doing my job”.

        The other two:

        - The law is the law.
        - If you have nothing to hide, you have nothing to fear.

        This is what comes from a judiciary that blindly supports a police state. My guess is the big swaying factor in getting the search warrant approved in the whole ‘butt clenching’ farce was the claim that the police dog ‘reacted’ as if there were drugs present in the vehicle. Eckert probably had narcotics present at one time in his car, but, for whatever reason, they sure weren’t present the day the cops decided to, literally, go up his ass.

      • 0 avatar
        Larry P2

        When you say “ability to reason,” I am assuming that you still think they are there to “protect and serve” us.

        The overwhelming evidence suggests that is no longer true. Where it used to be written on the side of cruisers “To Protect and Serve,” nowadays it screams “KEEP AWAY”.

        I practiced criminal and civil rights law for 19 years, so I was in a position to watch the extremely radical changes in police behavior after 9-11 (even though the state and local police have little, if anything to do with the War on Terror). The police clearly seized upon 9-11 as a justification for erecting a comprehensive security/police state that they had long dearly hoped for.

        Any “ability to reason” that they exhibit now is devoted to the expansion and perpetuation of this new and stunning Police State.

        • 0 avatar
          Lie2me

          What I meant was in the face of no other evidence was it reasonable to go to such extremes to find contraband? To anyone using reason and discretion the answer would be no.
          If “acting in accordance with their training” is going to be the defense, then one might ask if their training included the ability to cancel critical or even rational thinking

          • 0 avatar
            Larry P2

            “Reasonable” and “War on Drugs” aren’t words known to be exactly in love with each other. Here’s only a few examples of the damage caused by this wretched effort:

            - Drastic, wholesale evisceration of the Fourth Amendment, riddling it with so many exceptions that really, it no longer exists concurrent with the total corruption of the judiciary and the conversion of policing into a for-profit business via drug forfeiture laws;

            - 90,000 Mexicans brutally murdered in the last five or so years, many of them beheaded by drug cartels and their heads rolled into wedding parties like bowling balls in front of horrified onlookers;

            - Fantastically absurdly high imprisonment rates that shame gangster satrapies like North Korea and mullocracies like Iran;

            - Ridiculously extreme militarization of the police, in an ever-escalating arms race with the cartels. Someday, us non drug-users will be shepherded to abandoned military bases for our safety, while the police and cartels fight running tank battles through the abandoned cities;

            - Insanely potent, addictive and dangerous drugs, made with toxic and noxious chemicals, replacing the weed the original War on Drugs was launched to combat;

            As bad as this story is, what part of it really represents an unreasonable escalation of what has already occurred? You want me to get bent out of shape about an involuntary lower digestive tract search?

            Please.

          • 0 avatar
            Lie2me

            The war on drugs is a monumental failure that has cost billions with no positive results. It’s a witch hunt that has ruined the lives of many innocent people. Hardly an excuse for abject denial of this man’s most basic human rights.

            At this point I’m not sure what side of the issue you fall on. Your jaded cynicism is understandable after all your years “in the business” but for me it has obscured your position on the issue

  • avatar
    kvndoom

    In a twisted way, I don’t mind joking about this… because I know that in a couple years this dude will be way richer than probably anybody who posts on TTAC…. and he will deserve every penny of the millions he has coming.

  • avatar
    -Nate

    The fun comments alone have me in stitches .

    A sad day for America and Geezers going to Wally Mart for prescription refills .

    -Nate

  • avatar
    jmo

    Seems like he was raped. I think the cops need to go to jail. And the doctor….first do no harm… I don’t see how he can keep his license.

    • 0 avatar
      krhodes1

      How is endoscopy harmful? You are supposed to get them regularly past a certain age anyway.

      I have no doubt this dude acted like an @sshat in the first encounter, and it was all downhill from there.

      Back in the day, they would have just beaten the crap out of him, instead of taking him to a hospital. And the media never would have found out about it.

      • 0 avatar
        jmo

        “How is endoscopy harmful?”

        There are risks and complications possible with almost any invasive medical procedure. Now, in order to mitigate the risk of colon cancer, it’s worth it to have the procedure. As there was an x-ray, 2 digital penetrations and 3 enemas there was no chance there were any drugs. So, risk but no possibility of being of any benefit.

        You lose your license for s*it like that.

      • 0 avatar
        danio3834

        “How is endoscopy harmful? You are supposed to get them regularly past a certain age anyway.”

        So you’re saying he should be thanking them?

        Nothin to hide, amirite? If you have nothing to hide, you should have no problem with a police enforced butt reaming…

      • 0 avatar
        AlfaRomasochist

        There’s legitimate debate about the use of colonoscopy for those with no medical history or evidence of colon issues. There are a non-trivial number of complications, up to and including perforated colon in about 0.1% of colonoscopies. The US is the only country where it’s considered a standard screening procedure. In all other countries the standard of care is to use equally effective, less invasive, and far cheaper screening measures for colon cancer first.

        So yes, in fact, it can be harmful even when done voluntarily.

        • 0 avatar
          Lou_BC

          Actually, colonoscopies are now the “gold standard” for screening for colorectal cancer. IIRC – anyone over 50 especially if there is a family history is to get one.
          That is one way to get screened for those who don’t have private health coverage or obamacare – walk past a New Mexico cop suspiciously (or is that seductively) clenching your butt cheeks.

          • 0 avatar
            thelaine

            You just have to remember NOT to agree to submit. That’s what drives them wild with the desire to go all the way up in there.

  • avatar
    jmo

    Also, all involved, in addition to being imprisoned and bankrupted should be forced to register as a sex offender.

  • avatar
    Land Ark

    I’ve read everything about this and I REALLY hope there’s more to it than what is being written. I’m hoping this is a guy who frequently possesses drugs and is known to hide them there and just so happened to be clean this time. If this was the 12th time they’ve had to do this with him, I might not feel quite as sick. Or that he was taunting them the whole time hinting that there was something there.
    And then I think more about it and everyone (including me) is focusing on the fact that he didn’t have any drugs on him. Would this type of thing have been ok if they DID find something on/in him? Let’s say he had a little bit of coke or meth in there. Are we ok with this type of thing happening to someone who is using drugs? Are our opinions of drug users so low that we think it’s ok for this to happen to them?

    • 0 avatar
      Detroit-Iron

      “Are our opinions of drug users so low that we think it’s ok for this to happen to them?”

      It seems to be the case that the large swath of people who have been well-behaved and lucky enough to not get caught up in the justice system believe that prison rape is an appropriate punishment for any crime at all.

    • 0 avatar
      rudiger

      I was wondering the same thing. Exactly how many such anal cavity search warrants is Deming (or anywhere, for that matter) ‘legally’ being performed in this country these days?

      Is this now a routine traffic stop procedure that is overlooked because drugs are found and is only now coming to light in this one instance because of how excessively the limits of the warrant were exceeded?

      It’s rather disturbing to think there are large numbers of Americans who are completely okay with the legal, forcible sodomization of anyone merely suspected of possessing illegal narcotics. The police certainly seem to be happy with it.

  • avatar
    BMWnut

    A few years ago, I had to undergo surgery that involved my intestines. The surgeon wanted a clean cut and I was told to take laxative the day before. Just to be sure, I had to finish off with an enema just before going to bed. By this time there was very little left but the enema still did what enemas do. It was the most unpleasant part of the entire procedure. Having three enemas in succession must have been hell.

  • avatar
    jimbob457

    I wonder what will happen when Deming/Luna County gets the bill for the colonoscopy (assuming it actually happened)?

  • avatar
    Volt 230

    Maybe they should rename the state Old Mexico.

  • avatar
    carrya1911

    The citizens of New Mexico are going to write a very big check to Mr. Eckert. As will the doctors who performed all this nonsense.

    …and they should. They should all also have something forcibly inserted in their anus, assuming you could get their collective heads out of the way long enough to make that happen.

  • avatar
    Conslaw

    This case brings new meaning to little Johnny’s words “rectum? nearly killed ‘em.”

  • avatar
    schmitt trigger

    Some years ago, during a routine yearly physical check, the lab found blood in my stool samples.
    My doctor became alarmed, and ordered a colonoscopy.

    Of course, your intestines have to be perfectly clean, and I had to go thru the same routine that BMWnut went thru. And I can also vouch for his opinion that enemas are beyond unpleasant.

    And have to actually watch someone go thru your s**t? That is degrading.

  • avatar
    carrya1911

    I’m seeing they got a warrant for this search…so that means it’s all A OK according to the judicial system and the victim probably won’t get squat.

    Judges and magistrates are the only people in the nation who enjoy absolute immunity in their decision making. Unless the police lied on the affidavit to get the warrant (which is entirely possible) then that means the magistrate or judge utterly failed in their basic duties.

    …and you’d be surprised how often judges and magistrates just rubber stamp warrant applications with zero scrutiny whatsoever.

    • 0 avatar
      Land Ark

      Unfortunately I don’t think I’d be surprised at all.
      But I do hope that with so many violations of the warrant (it was supposed to be in the county the warrant was issued, it wasn’t and that it expired 4 hours before the colonoscopy) that he has strong legs to stand on.

    • 0 avatar
      highdesertcat

      “I’m seeing they got a warrant for this search…so that means it’s all A OK according to the judicial system and the victim probably won’t get squat.”

      That would be my guess, too. Cops don’t act without a warrant unless they feel threatened by impending harm or injury, even in NM. They weren’t threatened by his asshole.

      In NM, the mindset seems to be if anyone argues with a cop, they just slap on the cuffs and take them in.

      It goes back quite a ways to all the NM law-enforcement officers killed in the Line of Duty.

      The Laws of NM are very clear. Interested parties should read them. NM is not one of the sissy-fied states like NY, MA or CA. It’s an open-carry state, and lots of people still carry sidearms in public. Others carry them concealed.

      I would be surprised if the victim’s life hasn’t been dissected all the way back to his birth. Something set these cops off, and it is unlikely that all parties involved acted without a warrant.

      At least the vic lived to tell about it. Others were not so lucky in NM.

    • 0 avatar
      highdesertcat

      “Your comment is awaiting moderation.”

      carrya1911, my reply awaits. I didn’t see anything objectionable that hasn’t been used elsewhere…..

  • avatar
    Aquineas

    I’ve driven through Deming, New Mexico. My wife and I pulled off there hoping to find a local diner to eat breakfast at. This town resembles one big truck stop. I realize there are two sides to every story and we’re only seeing the side of the defendant, but it’s really astonishing to imagine how a simple traffic stop turned into anal cavity searches? Watching the news story, apparently the police are claiming that a drug-sniffing dog got a positive hit on the seat of his car.. Still, this case just boggles the mind.

  • avatar
    Pch101

    “Mr. Eckert is being billed for the services after the fact.”

    One source claimed that the bill was about $6,000, and that he was sent to collections for not paying it.

    Moral of the story: If you get pulled over, make sure that the cops and attending physician belong to your insurer’s network.

  • avatar
    ponchoman49

    Well we do live in a police state!!

  • avatar
    tedward

    I wonder at what point in all of this did the doctors realize they had a zero percent chance of keeping their medical licenses? My guess is right after the first enema, when nothing came out and they realized they just performed a non-consensual sexual act. Everything after that was probably just the cops and doctors realizing they had nothing further to lose so they might as well keep looking.

    Either that or we have the scariest police officers in the country trolling around in NM. This goes waaaay beyond jacking people up for quota tickets or out of curiosity.

    Also, why would doctors agree to be a party to this type of procedure in the first place? They are taking on a seriously non-trivial risk of personal reprisal here, and I imagine that applies regardless of the validity of the warrant. In a way the best outcome they could hope for is what is happening here. They are lucky he’s looking to the payout and not for blood after this little rape room episode.

    • 0 avatar
      rudiger

      Exactly. Eckert and his lawyers will take a healthy, out-of-court settlement rather than go for a lengthy trial which would take years for him to see any money. Imagine if it made it to the SCOTUS and those right-wing nut-jobs ruled in favor of the Deming cops’ actions?

      There’s your real problem. The highest courts continue to rule in favor of all these actions (not the least of which is the increased, invasive collection of personal data), all in the name of ‘security’. That’s the Patriot Act for you.

    • 0 avatar
      Lou_BC

      This guy would stand a good chance of winning in court. The standard for “malpractice” is what would a reasonable Doctor (or health care provider do) in the same situation? We already seen one hospital and Doctor refuse.
      All of this is really unnecessary since any good radiologist can tell the difference between an impacted stool or a “foreign object” under x-ray.
      Another point to consider is that we all have to crap eventually. A friend of mine works as a nurse at a prison and they have cells with “waterless” toilets for high risk inmates.
      All they would have to do is put the guy in such a cell and as the old proverb says ” this too shall pass”.

      It ain’t rocket science.

  • avatar
    rudiger

    Seems Eckert wasn’t the first for this sort of treatment by Deming’s finest:

    http://www.kob.com/article/stories/S3210356.shtml

    Less than two months prior (10/13/12), a guy named Timothy Young went through what appears to be an identical situation to Eckert’s in Deming: stopped for minor traffic violation, (now known to be uncertified) K-9 brought in and alerts for drugs, Young refuses to consent to search, snappy approval of an anal cavity search warrant via the Deputy DA, suspect gets a quick trip to a hospital outside the warrant’s jurisdiction for some extensive anal probing which, ultimately, turns up nothing.

    Quite obviously, this is (or, maybe, was) the Deming police department’s SOP (i.e., retaliation) when someone refuses to consent to a search.

    I’d say some doctors and Deming cops will soon be doing another type of exploring (as in for an alternate career), as well as the city of Deming coughing up some healthy green to a couple of former drug suspects.

    • 0 avatar
      Pch101

      The heart of the problem is Illinois v. Caballes, in which the court ruled that a K9 unit sniffing a car does not constitute a search.

      Courts treat the dogs as if they are infallable machines. In reality, cops can (and do) train dogs to give false positives, which are then used to justify fishing expeditions.

      (And just in case anyone was wondering, the only dissenting justices in the Caballes case were court liberals.)

    • 0 avatar
      Piston Slap Yo Mama

      Hey Rudiger, thanks for posting the URL for the previous anal rapage at the hands of Deming’s elite police forces. This should STFU all the imbeciles here who are suggesting that Eckert deserved his torture or that this is not common behavior. On the contrary, lately any cop can be an amateur proctologist and get paid for it.

      http://www.nydailynews.com/troopers-texas-probe-genitals-women-traffic-stops-article-1.1414668#commentpostform

      http://www.huffingtonpost.com/2013/04/20/war-on-drugs-420_n_3117993.html#slide=2358701

      • 0 avatar
        rudiger

        There’s more. Eckert does seem to have pending drug violations against him (some were dismissed) and had actually been stopped before, on 9/6/12, not far from his home, ostensively for a broken windshield. But when he ‘rudely’ declined a search, it was, evidently, enough justification for the cop on duty to bring in the K-9 for a search of his vehicle. The dog failed to show any ‘alerts’ and, that time, Eckert was let go. But he was now most definitely on the Deming PD’s radar from at least that point forward.

        Further, members of a county ‘drug task force’ claimed to have information that Eckert was known to hide drugs in his ‘anal orifice’.

        It’s also worth noting that Deming is, evidently, home of the New Mexico branch of the Homeland Security Investigations agency, which works hand-in-mailed fist with the New Mexico Border Operations High Intensity Drug Trafficking Area Task Force (HIDTA).

        Considering all these other, hardcore LE types running around in the area (on the federal level, no less), it’s not really much of a surprise to hear of the extreme, Gitmo-like search methods that were employed on both Eckert and Young (and god-knows who else).

        So, yeah, Eckert isn’t quite the innocent saint that his lawyer portrays him to be, and there may have been reasonable suspicion that Eckert was, indeed, up to no good at some point. But the cops seem to have made up their minds that if Eckert was stopped again and (rudely) refused to consent to a search a second time, they would be prepared to ‘legally’ sodomize his ass (literally). But then they bungled it so badly, that it’s unlikely Eckert will ever have to worry about being bothered, again.

        The Young sodomization on 10/13/12 actually falls right into the timeline. Young was the test case and, since they seemed to have gotten away with doing it on that occasion, figured it would be no problem doing it to Eckert the next time they stopped him.

  • avatar
    probert

    Bend over for the insertion of smaller govt. teaparty style. Don’t freedom feel good.

  • avatar
    APaGttH

    Bork…

    Cavity search?

    Deep and hard. Don’t stop until you reach the back of their teeth.

  • avatar
    JK43123

    By sending him the bill they gave him proof that it happened.

    John

  • avatar
    Mandalorian

    So he got a free colon cleanse, a free prostate exam and will probably get millions in a lawsuit.

    Lucky guy.

    • 0 avatar
      Pch101

      Gila Regional Medical Center billed Eckert for the law enforcement requested procedures – about $6,000 according to his attorney, Shannon Kennedy.

      “They actually sent it to collections,” she said.

      http://www.abqjournal.com/295191/news/suit-search-included-colonoscopy.html

    • 0 avatar
      rudiger

      I was thinking the same thing. All a scruffy looking white dude who needs a colonoscopy has to do is go to Deming and run a stop sign or fail to use his turn signal and, voilá, free medical procedure (and likely a whole lot more).

  • avatar
    AlternateReality

    Good on the staff at Mimbres Memorial Hospital in Deming for refusing to comply with the police. Regardless of the guy’s reputation, it’s clear that Deming’s “finest” went waaaaay too far here.

  • avatar
    50merc

    Best to load up on bean burritos before you hit the New Mexico line. Cops can’t say you’ve clenched your buttocks if you loudly and continuously fart in their face.

    I hope the lawsuit wins so much money the good citizens of Deming go after the police department with torches and pitchforks.

  • avatar
    ttacgreg

    @danio….”Nothin to hide, amirite? If you have nothing to hide, you should have no problem with a police enforced butt reaming…”
    Perfect counterpoint to the “if you are a criminal and have nothing to hide” argument.

    To my mind anybody who’s motivated to visually witness someone else defecate and then stir through it is not exactly a mainstream mentality. Informally I would just say they got to be some kind of sick f***ers.

  • avatar
    ttacgreg

    A police state can often be reflective of the culture of the country. I have had several discussions with right wing friends who don’t see the value in due process of the law. They seem to think that if a person is obviously criminal then don’t waste time and money on a trial, just punish him already. This goes hand in hand with the idea we should all pack heat and think nothing of indulging in shootouts (I am looking at some commentators on your new website Mr. Farago) One of these folks of whom I speak considered it entirely worthwhile to suffer the occasional innocent person being put to death because the death penalty is such a good thing. One thing a lot of people in this country seem to forget in the current ascendance of extreme right-wingers is that often times political fringes do manifest themselves as highly authoritarian not just in their practice of law-enforcement (or would that be wielding of raw power.?) but it is a state of mind as well.

    • 0 avatar
      danio3834

      “They seem to think that if a person is obviously criminal then don’t waste time and money on a trial, just punish him already.”

      Reminds me of the trial in Idiocracy. This however isn’t an exclusively right or left wing trend. People at both extremes tend to get quite militant about what they think is important.

  • avatar
    thelaine

    I have sympathy for these officers, because they have to deal with so many assholes. It is obviously a shitty job. Maybe this suspect should have just opened up a little bit more and tried to be more accommodating.

  • avatar
    thelaine

    If the ladies are feeling left out, they can go to Arkansas.

    A cop in Arkansas allegedly tasered a woman after she refused to show him her breasts.

    Ashlea Bennett alleges that uniformed Officer Brandon Carter strutted into her place of work on Dec. 13, 2011, and ordered that she give him a sneak peak of her bosom.

    When she declined, he reportedly then chased her around the building before zapping her repeatedly with his electroshock gun.

    Read more: http://www.nydailynews.com/news/national/woman-tasered-refusing-flash-suit-article-1.1506965#ixzz2jyps7UHl

    • 0 avatar
      rudiger

      The ladies aren’t being left out, not by a long shot. Evidently, the El Paso Border Patrol are into female cavity searches, too:

      http://www.kfoxtv.com/news/features/top-stories/stories/traffic-stop-leads-colonoscopy-driver-similar-case-reported-borderland-2311.shtml

      In the El Paso case, they didn’t even bother with a pesky search warrant. They ‘only’ did five probes (as opposed to Eckert’s eight), so maybe the Border Patrol felt they only need a warrant for six or more probes. Or maybe since they were the ‘federales’, figured they don’t need no stinkin’ warrants…

      The name of the woman in the El Paso cavity search isn’t being released because her lawyer is filing the lawsuit as a sexual assault.

      As someone else mentioned, this is what you get when the SCOTUS, in 2005′s Illinois vs. Caballas ruling, says that dog sniffing is not considered a search and, therefore, no warrant is needed to bring in a dog. Of course, when the dog ‘alerts’ (which can easily be false, either intentionally or not), it’s enough probably cause to then justify the search warrant (including the cavity searches).

  • avatar
    rudiger

    The cops settled in December, paying Eckert $1.6 million:

    http://www.kob.com/article/stories/S3279375.shtml

    I’d say they got off cheap. The article doesn’t say what happened to the cops responsible but I would imagine they all got to keep their jobs. Too bad none of the $1.6 million will come out of their paychecks but, instead, from taxpayers.

    There are still pending lawsuits against the deputy DA who signed off on the search warrant, as well as the doctors and medical facility where the procedures were performed.

    • 0 avatar
      Piston Slap Yo Mama

      Thx for bringing us up to date on developments. As happy as I am for Eckert I’m sad for the NM taxpayers paying the fine. When cops go rogue they need to personally be held liable for their economic impact. The police have no skin in the game, but should bear the same liability as any contractor would – everyone involved in this miscarriage of justice should be personally bankrupted. Hopefully the hospital will pay a hefty fine too as that will penalize their board members and corporation, not the community.

      • 0 avatar
        rudiger

        I have no doubt that the $1.6 million is not one cent less than what Eckert wanted. My guess is the defense was going to do anything to keep from going to trial, up to and including giving Eckert every last dime the town had. They knew he was likely to get it (and a whole lot more), anyway.

        But, yeah, what’s sad is there really wasn’t any accountability for those responsible, at all. It was just a matter of, “How much do you want to go away? Name your price, and we’ll dip into the government coffers and give it to you”. The only thing to change will be the cops will be a whole lot more careful the next time they decide to go up someone’s ass.

        Plus, if Eckert is really the low-life that the cops claim, how long before he winds up dead? $1.6 million will buy a lot of meth and be more than enough to do the trick. Until that happens (probably in short order), at least he won’t be driving around Deming in a beat-up, old, ’98 Dodge pickup anymore. It’s very telling that Eckert does not want to be interviewed, photographed, or seen, and the primary reason the story hasn’t gotten even more media exposure.


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