Illegal Cavity Search in New Mexico Goes to Court

Goober

Hall of Fame Member
Jan 23, 2009
24,691
116
63
Moving
I wonder if he got a free prostate exam out of this??
I mean they were there, why not check.
 

Andem

dev
Mar 24, 2002
5,643
128
63
Larnaka
Nothing short of illegal. Whether somebody walks with a limp or not, an officer of the law must have reasonable suspicion that a crime has been committed in order to perform a search without consent.. A limp is not considered reasonable in any way. Reasonable suspicion can't be a 'hunch'. It must involve evidence that something illegal has happened which points directly to the personal in question; It can't be a bystander, a cousin or your neighbour. For example, if an officer saw a spliff or smelled marijuana in a car, that would be reasonable.

That is not debatable, either in the United States, Canada, England or virtually any commonwealth country.
 
Last edited:

petros

The Central Scrutinizer
Nov 21, 2008
109,565
11,512
113
Low Earth Orbit
I like the Mexican food in New Mexico. Sometimes too much. It would be great to take a roadside dump outside of Las Cruces up on the Mesa without being pulled over and having the dogs called out but this goes much much too far.

Pigs.
 

PoliticalNick

The Troll Bashing Troll
Mar 8, 2011
7,940
0
36
Edson, AB
You would think the fact the first hospital they took him to refused to do the search even though they had a warrant might give them a clue they were over the line. It is just another example of how cops have been allowed to get away with murder and assault and basically do as they please so they now believe they can do as they please regardless of what the law requires or demands. Every time a cop gets away with a slap on the wrist or no punishment at all for breaking the law they are encouraged to violate our rights even further. This is the end result of chicken-sh*t judges and chicken-sh*t politicians and chicken-sh*t prosecutors not doing their job and tossing every last cop who steps over the line in jail for the maximum allowable.
 

Locutus

Adorable Deplorable
Jun 18, 2007
32,230
45
48
65


David W. Eckert, the New Mexico man at the center of the Deming Police Department’s **** probing controversy, has a history of drug-related arrests, according to court documents viewed by TheBlaze. And while the police have not returned any of TheBlaze’s messages seeking comment, further investigation of other documents related to Eckert’s arrest reveals a significant claim by the authorities: he’s accused of hiding drugs in his **** cavity before.

As TheBlaze previously reported, Eckert was subjected to involuntary X-rays, multiple **** exams, enema procedures and a ultimately a colonoscopy. He has filed a federal lawsuit against multiple parties, including officers Bobby Orosco and Robert Chavez who the lawsuit says were involved in the stop.

According to the affidavit for the search warrant, police were told that Eckert was “known to insert drugs into his **** cavity and had been caught in Hidalgo County with drugs in his **** cavity.”


http://www.theblaze.com/stories/201...-police-departments-****-probing-controversy/
 

EagleSmack

Hall of Fame Member
Feb 16, 2005
44,168
95
48
USA
Ok... he was "known" to... known to by who? The same ones that probed and probed his azz over and over?

Even if he had in the past... he didn't this time.
 

SLM

The Velvet Hammer
Mar 5, 2011
29,151
3
36
London, Ontario


David W. Eckert, the New Mexico man at the center of the Deming Police Department’s **** probing controversy, has a history of drug-related arrests, according to court documents viewed by TheBlaze. And while the police have not returned any of TheBlaze’s messages seeking comment, further investigation of other documents related to Eckert’s arrest reveals a significant claim by the authorities: he’s accused of hiding drugs in his **** cavity before.

As TheBlaze previously reported, Eckert was subjected to involuntary X-rays, multiple **** exams, enema procedures and a ultimately a colonoscopy. He has filed a federal lawsuit against multiple parties, including officers Bobby Orosco and Robert Chavez who the lawsuit says were involved in the stop.

According to the affidavit for the search warrant, police were told that Eckert was “known to insert drugs into his **** cavity and had been caught in Hidalgo County with drugs in his **** cavity.”


http://www.theblaze.com/stories/201...-police-departments-****-probing-controversy/

Overkill is still overkill though. How many **** probes and enemas are reasonable, even with a "history"?
 

Locutus

Adorable Deplorable
Jun 18, 2007
32,230
45
48
65
It gets better...now maybe it's a racist thing some say...him being a po' white boy and all like that. Damn (new) Mexican thugs.
 

SLM

The Velvet Hammer
Mar 5, 2011
29,151
3
36
London, Ontario
This isn't just a case of one officer infringing on someone's rights. This went through many levels. If you're going to be invasive, and that is pretty damn invasive, you' better be judicious in applying such tactics.
 

PoliticalNick

The Troll Bashing Troll
Mar 8, 2011
7,940
0
36
Edson, AB
This is an easy win for him. In the original article they speak of the warrant only being vald in a different county than where the search was done and it expiring at 10pm yet the last procedures weren't done till 1am. It is automatically a warrantless search after 10pm and somebody is going to pay. Probably not the cops (heaven forbid they get fired) but Joe taxpayer.
Search Warrant Concerns
There are major concerns about the way the search warrant was carried out. Kennedy argues that the search warrant was overly broad and lacked probable cause. But beyond that, the warrant was only valid in Luna County, where Deming is located. The Gila Regional Medical Center is in Grant County. That means all of the medical procedures were performed illegally and the doctors who performed the procedures did so with no legal basis and no consent from the patient.
In addition, even if the search warrant was executed in the correct New Mexico county, the warrant expired at 10 p.m. Medical records show the prepping for the colonoscopy started at 1 a.m. the following day, three hours after the warrant expired.
 

karrie

OogedyBoogedy
Jan 6, 2007
27,780
285
83
bliss
According to the affidavit for the search warrant, police were told that Eckert was “known to insert drugs into his **** cavity and had been caught in Hidalgo County with drugs in his **** cavity.”


http://www.theblaze.com/stories/201...-police-departments-****-probing-controversy/

Yeah I doubt it will change the outcome of the court case. He presumably served his time for the previous charges, right? So you can't just keep showing up and searching someone's *** whenever you feel like it.

Given his previous history with them, no wonder he was clenching. lol.
 

BaalsTears

Senate Member
Jan 25, 2011
5,732
0
36
Santa Cruz, California
Holy crap!8O Literally.What judge signed off on all this for a traffic stop coming out of a mall?

No judge signed off on this. The victim was never arrested. As a result he never had a lawyer. This has a name.....despotism.

It gets better...now maybe it's a racist thing some say...him being a po' white boy and all like that. Damn (new) Mexican thugs.

The policia had their fun with el Blanco Gringo. Expect to see much more of this type of thing as whites are disempowered and marginalized.
 

SLM

The Velvet Hammer
Mar 5, 2011
29,151
3
36
London, Ontario
No judge signed off on this.

There most certainly was a judge involved.

While officers detained Eckert, they secured a search warrant from a judge that allowed for an **** cavity search.

Was it a questionable warrant to begin with? Quite possibly. Did they far exceed the scope? Most definitely. Just by virtue of the fact that they performed the procedure outside the county, let alone the extensive lengths they took it.