How a Routine Traffic Stop in New Mexico Turned into a Nightmare of Torture for David Eckert

This is like something out of a science fiction film, anal probing by government officials and public employees.

– Shannon Kennedy, David Eckert’s attorney

2013 has been peppered with its fair share of outlandish and unacceptable stories from within the Banana Republic formerly known as the United States, but the following tale definitely jumps to the top of the list.

David Eckert was just your average U.S. citizen who had apparently failed to come to a full stop at a stop sign in Deming, New Mexico. The local police who witnessed this egregious criminal behavior sprung into action and immediately forced Mr. Eckert from his car. When he stepped outside, the officers claimed that he was “clenching his buttocks.” The sharp witted officers determined they must have a drug dealer on their hands, so they did what any upstanding, logical law enforcement officer would do. They obtained a search warrant for an anal cavity search.

It gets worse, much worse. Upon bringing him to a local hospital, the staff refused to conduct the procedure on ethical grounds. However, such a trivial obstacle wasn’t going to stop these super sleuths from getting their guy! They decided to drive him to another hospital, in another county, where the search warrant wasn’t even applicable. From that point he was subjected to torturous criminal behavior.

First his abdomen was x-rayed. When they found no evidence of narcotics, that wasn’t good enough for these determined officers. They performed not one, but two anal probes with their fingers. No drugs. Then they penetrated his anus to insert an enema three different times, and he was forced to defecate in front of doctors and police officers on several occasions. Still no drugs. Then he was sedated and forced to have a colonoscopy. Still nothing.

All of this for not fully stopping at a stop sign and supposedly “clenching his buttocks.” All of this completely and totally against his will, and much of it completely and totally illegal.

Update: Since I published this story I have been made aware of another incident of illegal anal probes from the same police department. Incredibly, the dog that is being used to sniff out these non-existent drugs isn’t even certified to do so in New Mexico. Read the article here.

More from local news station KOB4:

The incident began January 2, 2013 after David Eckert finished shopping at the Wal-Mart in Deming.  According to a federal lawsuit, Eckert didn’t make a complete stop at a stop sign coming out of the parking lot and was immediately stopped by law enforcement.      

Eckert’s attorney, Shannon Kennedy, said in an interview with KOB that after law enforcement asked him to step out of the vehicle, he appeared to be clenching his buttocks.  Law enforcement thought that was probable cause to suspect that Eckert was hiding narcotics in his anal cavity.  While officers detained Eckert, they secured a search warrant from a judge that allowed for an anal cavity search.  

The lawsuit claims that Deming Police tried taking Eckert to an emergency room in Deming, but a doctor there refused to perform the anal cavity search citing it was “unethical.”

But physicians at the Gila Regional Medical Center in Silver City agreed to perform the procedure and a few hours later, Eckert was admitted.

A review of Eckert’s medical records, which he released to KOB, and details in the lawsuit show the following happened:

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.  

Throughout this ordeal, Eckert protested and never gave doctors at the Gila Regional Medical Center consent to perform any of these medical procedures.  

“If the officers in Hidalgo County and the City of Deming are seeking warrants for anal cavity searches based on how they’re standing and the warrant allows doctors at the Gila Hospital of Horrors to go in and do enemas and colonoscopies without consent, then anyone can be seized and that’s why the public needs to know about this,” Kennedy said.

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.

“This is like something out of a science fiction film, anal probing by government officials and public employees,” Kennedy said.

The trendy “thing” in law enforcement seems to be that as long as they claim they “suspect drugs,” they can do anything they want to you. This in itself is a good reason to just end the ridiculous war on drugs immediately. The police officers and doctors in this case should be made an example of and not just be fired. They should serve serious jail time for torturing an American citizen for absolutely no reason other than fulfilling their sick, twisted fantasies.

Full article here.

In Liberty,
Mike

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