A (then) 63 year old New Mexico man was stopped by Albuquerque police. During the stop, the police claim that the man appeared to be clenching his butt. A drug dog apparently was used on the vehicle and supposedly hit. I say supposedly because the defendant’s lawyer claims that the canine in question may just be someone’s pet. A warrant was sought and issued to search the man’s anal cavity. He was taken to a hospital where he was probed digitally twice, then x-rayed, then given three enemas, then x-rayed again. He was ultimately given a colonoscopy. No drugs were ever found. To add insult to injury, he was billed $6000 for his involuntary medical procedures.
WTF??
A few questions come to mind. How could a judge issue a warrant based on butt clenching? How many anal probes is too many? I’m thinking the answer is 2. Why give the man a colonoscopy? If the drugs were that far up his colon, he wouldn’t need to clench to keep them up.
The defendant’s lawyer contends that the issue may have been racially motivated and that the Hispanic police involved didn’t like a white man living in their area.
I understand the need for qualified immunity for civil servants but IMHO, this was way beyond the pale. I hope he takes everyone involved to the cleaners.
“Police forced New Mexico scrap metal tradesman David Eckert to undergo two digital anal probes, three enema insertions and ultimately a colonoscopy after officers incorrectly assumed he was concealing drugs…”
Clearly this is an open and shut, open and shut, open and shut, open and shut, open and shut, open and shut case.
If there is any justice, both the cops and the hospital personnel (who are taught to know better) will go through the rest of their lives with their names on the Sex Offender List – that, at least, can’t be passed off to the employing agencies like the financial judgments.
A police dog was reportedly present and indicated suspicion. But the lawyer is saying it was just a generally trained police dog and was not trained in drug detection.
It’s definitely not going to help the state’s case that the first doctor told the police that this was a violation of medical ethics and refused to participate.
The colonoscopy propels it into the realm of the surreal. Are there *any *circumstances where someone can be ordered to undergo such a procedure, lawfully?
He’s going to have to install a number-taker machine at his door to accomodate the lawyers lining up. Not only is he going to get rich off his lawsuit, he’s going to be squeaky clean and polyp-free!
And also true, given the seemingly limited warrant and the ER doctor’s willingness to testify.
Well, that sure would explain a lot! “Hey, it happened to us, let’s do it to him!”