Deming NM police sued for going too far in drug search

[ABQCOWBOY]

How?

We have not really taken the steps to stop this business of drug trafficing on the boarders IMO. We make very easy for that kind of activity to go on.

 

[dogberry]

I can see where a local jury would protect their interests against those of the search victim.

 

[ABQCOWBOY]

As far as I can tell, that is what gave them probable cause to get the warrant in the first place?

As has been reported, that's true but on a common traffic stop, you don't normally have drug dogs present and you don't normally put your neighbors through this kind of process unless you really have more to go on then just rolling through a stop sign. I think there is more going on but we just don't have all of the story yet.

Eckert, who has an arrest record for drug use and distribution (apparently to local schools) has also been arrested and has tried to hide drugs up his you know what before. This feels like a sting to me. I think they were probably watching him, he made a traffic violation and the locals used this as an opportunity to pull him over and check him out. I don't doubt that the dogs caught wind of something but that doesn't mean that he had anything on him at the time.

I have no proof of any of this but it makes more sense then just a random traffic citation turning into a drug sniffing dog search and rectal exams for rolling through a stop sign.

 

[YosemiteSam]

...maybe they thought he would enjoy it.

 

[Vtwin]

Around here, if you fit the profile you WILL be pulled over for whatever ridiculous excuse can be fabricated. The cop will tell you he/she smells marijuana and ask for consent to search your vehicle. If you decline they will call in the dog and if the dogs alerts your car will be torn apart.

This began a few years ago in response to the increase in crime related to prescription drug abuse. The cops use the "I smell marijuana" excuse, whether they do or not, as justification to go to the next step banking on the fact that the dog will alert and allow them to search for drugs and stolen property. It is standard operating procedure.

Never heard of it escalating to a cavity search though.

 

[YosemiteSam]

Never heard of it escalating to a cavity search though.

If the guy would visit the dentist once in a while, maybe it wouldn't have had to come to that.

 

[dogberry]

After a car is torn apart in a search and nothing is found, will the car be returned to its previous condition?

 

[rkell87]

After a car is torn apart in a search and nothing is found, will the car be returned to its previous condition?

nope

 

[ABQCOWBOY]

After a car is torn apart in a search and nothing is found, will the car be returned to its previous condition?

As has already been posted, the car will not be returned to it's former state and what's more, Eckert was billed for the procedures performed on him.

 

[ABQCOWBOY]

More info on Eckert coming to light. Apparently he had, in fact, been arrested before and concealed drugs in his rectum.

2002: Forgery and possession of a controlled substance with the intent to distribute.

2005: Felony possession of a controlled substance with intent to distribute in a school zone.

2008: Felony possession of a controlled substance.

2012: Possession of a controlled substance (methamphetamine).

There is definitely more going on here then is being reported to date. They are trying to nail this guy for sure.


Also, according to records, the Search Warrant was issued by a Magistrate Judge, which is not really a Judge that has been appointed by the U.S. He is basically appointed by a sort of committee. Basically, they often work outside of the strictest rule of law and provide a great deal of latitude where the law is concerned. They don't even have to have legal background in many cases.

 

[CanadianCowboysFan]

We have not really taken the steps to stop this business of drug trafficing on the boarders IMO. We make very easy for that kind of activity to go on.

I would agree that might give the enforcement guys the desire to trample over someone's rights but cannot blame society for having our rights run over in this instance.

Granted North Americans have willingly allowed greater police powers and surveillance in the hope of being more "safe".

 

[ABQCOWBOY]

I would agree that might give the enforcement guys the desire to trample over someone's rights but cannot blame society for having our rights run over in this instance.

Granted North Americans have willingly allowed greater police powers and surveillance in the hope of being more "safe".

Who did that?

 

[Passepartout]

Guy has every right to sue. As he made a mistake. But just because you make a mistake does not mean you have drugs in your private areas. You know what I mean?!

 

[CowboyMcCoy]

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.

This is way more common than you'd think, not necessarily the anal torture, but the over reach of authority. Happens every single minute of every single day.

 

[CowboyMcCoy]

Who did that?

Well, difficult to discuss here. But it starts at the top and then trickles to the bottom with an servile, obedient, slavish public.

 

[CowboyMcCoy]

We have not really taken the steps to stop this business of drug trafficing on the boarders IMO. We make very easy for that kind of activity to go on.

Believe it or not, we embrace that trafficking. Without the trafficking, there is no fuel (money)for the prison industrial complex, which has become a private industry nowadays. We're also a nation that has more prisoners than school teachers and half of those prisoners are non-violent drug offenders.

 

[rrkr3298]

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.

Just shooting from the hip, based on stuff I've seen, (and it's probably typical tainted reporting).... BUT...It could be that they had intel that he carried drugs inside of him, prepared an affidavit and got an evidentury search warrant The traffic stop may have actually been a warrant service, no traffic violation even needed.

 

[CowboyMcCoy]

Just shooting from the hip, based on stuff I've seen, (and it's probably typical tainted reporting).... BUT...It could be that they had intel that he carried drugs inside of him, prepared an affidavit and got an evidentury search warrant The traffic stop may have actually been a warrant service, no traffic violation even needed.

So they search his bung hole with fingers, an enema, a colonoscopy and laxatives? If that's the case, it's scary and New Mexico isn't far off from North Korea.

 

[CanadianCowboysFan]

Who did that?

All you have to do is go to any airport and see how people like sheep take off their shoes, willingly get full body scans, hands swiped, TSA guys glaring at you when you want to get on a flight to see what I mean.

Hell, what about the people who have no problem with extra surveillance cameras in major cities, that alone is giving up your rights willingly to some extent.

 

[ABQCOWBOY]

All you have to do is go to any airport and see how people like sheep take off their shoes, willingly get full body scans, hands swiped, TSA guys glaring at you when you want to get on a flight to see what I mean.

Hell, what about the people who have no problem with extra surveillance cameras in major cities, that alone is giving up your rights willingly to some extent.

Well, I understand what you are saying but who gave those freedoms up?