Deming NM police sued for going too far in drug search

[joseephuss]

What is the saying? "If you haven't done anything wrong, then what is there to worry about". I guess it doesn't always apply.

http://www.abajournal.com/news/arti...x-rays_and_1_colonoscopy_in_cops_fruitless_d/

Traffic stop brings 3 enemas, 2 X-rays and 1 colonoscopy in cops’ fruitless drug search, suit says

A New Mexico man claims in a federal lawsuit that he was forced to submit to three enemas, a colonoscopy, two X-rays and several cavity searches after he was pulled over for failing to yield for a stop sign while exiting a Wal-Mart parking lot.

The suit by David Eckert says that, despite the persistence of medical personnel, no drugs were ever found. KOB4 reviewed the lawsuit, medical records and police reports surrounding the plight of David Eckert of Lordsburg, who was pulled over Jan. 2.

Eckert's federal suit says the Deming police officer who pulled him over on Jan. 2 patted him down, and began to question him. Other responding officers used a drug dog to sniff Eckert’s vehicle, which allegedly alerted to drugs, and then seized the car. Eckert and the officers differ over whether consent was given for the vehicle search.

No drugs were found in the vehicle, according to the suit.

 

[Wheeltax]

I'd say he's got a pretty good case, there.

 

[ologan]

Why did it take so long to file suit?

 

[ABQCOWBOY]

Well, Kennedy is for sure an Ambulance chaser but this sounds pretty bad. See what else comes out here. I will say this, in this state, it's not like other states. You have rights, but you don't always have rights.

 

[Eric_Boyer]

disgusting. I would support the jury also reward him with allowing him to probe the judge, the dr's, the cops, and anyone else involved with a large baseball bat.

 

[MonsterD]

Note to self: never even pass through Deming NM.

 

[Denim Chicken]

High number of fruitless searches of Hispanics' vehicles cited as evidence of bias

January 06, 2011|By Dan Hinkel and Joe Mahr, Tribune reporters

Drug-sniffing dogs can give police probable cause to root through cars by the roadside, but state data show the dogs have been wrong more often than they have been right about whether vehicles contain drugs or paraphernalia.
The dogs are trained to dig or sit when they smell drugs, which triggers automobile searches. But a Tribune analysis of three years of data for suburban departments found that only 44 percent of those alerts by the dogs led to the discovery of drugs or paraphernalia.

http://articles.chicagotribune.com/..._1_drug-sniffing-dogs-alex-rothacker-drug-dog

 

[Eric_Boyer]

this city is toast. as is the hospital that did it.

http://www.kob.com/article/stories/S3209305.shtml?cat=500#.UnqP6fmkp1Z

 

[vta]

The hospital billed Eckert for the services, the suit says.

This entire thing is pretty repulsive. I'd go so far as to say even if they did find drugs, they have no business forcing people to submit to anal torture. That is pretty disgusting and very much an over reach of authority.
I hope his suit is damaging.

 

[ABQCOWBOY]

this city is toast. as is the hospital that did it.

http://www.kob.com/article/stories/S3209305.shtml?cat=500#.UnqP6fmkp1Z

I suspect that not much is going to happen to the City. Deming isn't a huge place and when it comes right down to it, most of those folks could pick up and move just a couple of miles and be in another town. Deming is literally a one stop light town. The city of Deming isn't 10 miles long.

On a side note, drugs are a huge problem for them. They are located right on the boarder. They all know one another. I would bet money that this guy is into some sort of illegal stuff but they didn't catch him and that's a problem. I don't know how many Officers Deming has but it's not many, I know that for sure. Even if you fire these guys, you create a bigger problem because you don't have enough officers to protect the people and then you really get the drugs coming in. This is a mess for sure.

 

[ABQCOWBOY]

The hospital billed Eckert for the services, the suit says.

This entire thing is pretty repulsive. I'd go so far as to say even if they did find drugs, they have no business forcing people to submit to anal torture. That is pretty disgusting and very much an over reach of authority.
I hope his suit is damaging.

I understand what you are saying but year after year of drugs coming across the boarder make you feel less sensitive to those kinds of things. Lots of people losing their kids to drugs, lots of people tired of the drugs and all of the problems that come along with it, just in general. It's a different world here for sure. Can't really explain it to you.

 

[Jammer]

What I find scary is they were able to get a warrant for a cavity search on such flimsy observations. I didn't know there was even a search warrant for a cavity search like that. It just seems wrong. Why couldn't they wait it out and let nature take its course?

 

[vta]

I understand what you are saying but year after year of drugs coming across the boarder make you feel less sensitive to those kinds of things. Lots of people losing their kids to drugs, lots of people tired of the drugs and all of the problems that come along with it, just in general. It's a different world here for sure. Can't really explain it to you.

I probably am very out of touch with the realities there and I'm generally harsh in my view of how criminals should be treated; I'd support death penalty for some crimes that aren't even murder. But the idea of submitting to anal probing is really disturbing to me. If things are that far gone, something is grossly wrong.

 

[ABQCOWBOY]

I probably am very out of touch with the realities there and I'm generally harsh in my view of how criminals should be treated; I'd support death penalty for some crimes that aren't even murder. But the idea of submitting to anal probing is really disturbing to me. If things are that far gone, something is grossly wrong.

I'd have to agree there. This town is located about 35 miles from the actual boarder of Mexico. They just are done. There is no work there, the Ranchers are being over run. That town is just about done. Any of the good law enforcement has either quit, been run off or is on the take. Those who they have now are not exactly top of the line law enforcement.

It's a bad situation. What happened here isn't right but I'm not surprised about it.

 

[Eric_Boyer]

I suspect that not much is going to happen to the City. Deming isn't a huge place and when it comes right down to it, most of those folks could pick up and move just a couple of miles and be in another town. Deming is literally a one stop light town. The city of Deming isn't 10 miles long.

On a side note, drugs are a huge problem for them. They are located right on the boarder. They all know one another. I would bet money that this guy is into some sort of illegal stuff but they didn't catch him and that's a problem. I don't know how many Officers Deming has but it's not many, I know that for sure. Even if you fire these guys, you create a bigger problem because you don't have enough officers to protect the people and then you really get the drugs coming in. This is a mess for sure.

Sir William Blackstone is probably rolling in his grave.

"It is better that ten guilty persons escape than that one innocent suffer"

Has now become:

“It is better to anally probe ten innocent people, then to allow one more person to engage in the drug trade”

 

[ABQCOWBOY]

Sir William Blackstone is probably rolling in his grave.

"It is better that ten guilty persons escape than that one innocent suffer"

Has now become:

“It is better to anally probe ten innocent people, then to allow one more person to engage in the drug trade”

We have only our selves to blame.

 

[Eric_Boyer]

We have only our selves to blame.

not really we. people that find ways to defend this can share the blame, but I hold none

 

[ABQCOWBOY]

not really we. people that find ways to defend this can share the blame, but I hold none

Where do you live Eric?

 

[ABQCOWBOY]

What I find scary is they were able to get a warrant for a cavity search on such flimsy observations. I didn't know there was even a search warrant for a cavity search like that. It just seems wrong. Why couldn't they wait it out and let nature take its course?

I suspect there was more to this. People don't just snatch people off the streets and do this to one another in small towns around here. There is much more to this, it's just not come out yet IMO.

 

[Eric_Boyer]

Where do you live Eric?

what is your legal name?