Clenching your buttocks during a Terry stop? Prepare for your anal probing.

[DragonAsh]

How in the hell could they determine that he was ‘clenching his buttocks’? What in the hell does that even look like? The cops said his ‘posture was straight and he was keeping his legs together’. Maybe he just needed to go to the bathroom? Hell, my 63yr old grandfather had bowel problems when he got old, FFS.

Anyway - there appears to be a history between the (white) driver and some of the other (Hispanic) cops in town. And Jesus, the complaint makes for some chilling reading.
Three months earlier, they stopped Eckert for a cracked windshield:

Evening of Sep 6th, 2012
21. Defendant Rodriquez issued Plaintiff a written warning for the windshield violation.
22. Defendant Rodriquez told Plaintiff Eckert he was free to leave.
23. As Plaintiff walked away, Defendant Rodriquez continued to ask Plaintiff more questions.
24. Plaintiff asked Defendant Rodriquez if he was free to leave, which Defendant Rodriquez contends that he found rude.
25. Defendant Rodriquez told Plaintiff he suspected Plaintiff of having illegal drugs in his car and proceeded to interrogate Plaintiff on the matter.
26. Plaintiff refused to engage in Defendant Rodriquez’s ‘conversation’.
27. Defendant Rodriquez then seized Plaintiff’s vehicle without probable cause.
28. After Defendant Rodriquez seized Plaintiff’s vehicle, Defendant Rodriquez contacted Defendant Green.
29. Defendant Green deployed his canine ‘LEO,’ who Defendant Green alleges, alerted to the presence of narcotics around Plaintiff’s vehicle.
30. A warrant for the search of Plaintiff’s vehicle was issued on September 7, 2012. Defendant Rodriguez searched Plaintiff’s car
31. No illegal substances were found during the search.

Notice the order this happens. Eckert is told he can go, starts to leave, Cop keeps asking him questions, he repeats, ‘am I free to go’ and Cop, feeling disrespected, decides that he’s now a dope dealer. Yeah, 'cause 63yr old business men totally fit the profile…

*After *Rodriquez says he suspects Eckert of hiding drugs, the K9 is brought over and - surprise - ‘finds evidence of drugs’ in the car. Or so the cops tell us.

Three months later, Eckert is stopped for rolling through the stop sign. Again, he’s first told he’s free to leave, cops continue questioning him, then they decide he’s hiding drugs, the dog’s brought over, etc etc etc. This, by the way, is the same dog that supposedly (and in any event, wrongly) indicated the presence of drugs in Eckert’s car three months prior.

This is just bizarro-land stuff:

Defendant Orosco and Defendant Arredondo then informed Defendant Chavez that Plaintiff was known in Hidalgo County to insert drugs into his anal cavity. This information was false.

I mean, WTF? Are 63yr men driving out of Wal-Mart parking lots commonly known to be carrying drugs in their anus?

43. Defendant Green and Defendant Arredondo claimed to be acting as members of the Border Drug Task Force.
    44.Plaintiff was then handcuffed and taken to the Deming Police Department at or around 2:00pm.
44. Plaintiff requested the right to make a telephone call. Defendant Chavez and Defendant Hernandez informed Plaintiff that he was not under arrest and therefore did not have a reason to call anyone.

Silly me, not realizing that ‘being put in handcuffs and taken to the police station’ meant I wasn’t under arrest.

Some of the stuff would be funny if it wasn’t so tragically wrong:

Defendant Green was unreasonable when he believed “LEO’s” alert to a seat in Plaintiff’s vehicle supported a finding of probable cause that Plaintiff had hidden drugs in his anus.

[Colibri]

@Mr_Downtown

No, it wasn’t Albuquerque. It was Deming, hundreds of miles south of Albuquerque on I-10.

I was going on what it said in the OP. But the joke still works if you substitute “New Mexico.”

[lieu]

@Mr_Downtown

It was Deming, hundreds of miles south of Albuquerque on I-10.

… and known locally as Colonbia.

[Kimballkid]

@Ethilrist

Either that, or they did a colonoscopy, against his will, without sedation. Kind of a win-win for the prosecution.

Bolding mine.

It’s a lawsuit, which is a civil matter, so it would be a win-win for the Plaintiff.

[kayT]

@Marley23

I can’t believe this kind of thing could happen to someone who wasn’t a woman wanting an abortion.

This thread is shocking and makes me very angry; however, this particular remark has made reading it all worthwhile. Perfect, Marley, perfect.

[Colibri]

@Mr_Downtown

It was Deming, hundreds of miles south of Albuquerque on I-10.

It would have been more appropriate if it had happened in Truth or Consequences.

[DoctorJ]

@RetroVertigo

Was he sedated, against his will, for the colonoscopy?

I sure as hell hope so.

I bet the report comes back saying that they didn’t find any drugs, but they can’t say for sure because he was inadequately prepped.

[simster]

@DoctorJ

I sure as hell hope so.

I bet the report comes back saying that they didn’t find any drugs, but they can’t say for sure because he was inadequately prepped.

a blood test would later reveal that he had recently been under the influence of whatever sedation they used for the colonoscopy.

[bump]

@Nars_Glinley

He was taken to a hospital where he was probed digitally twice

He should be thankful it wasn’t analog!

[Half_Man_Half_Wit]

@bump

He should be thankful it wasn’t analog!

Actually, digital is worse: there’s only either all the way out, or all the way in. :):eek:

[bup]

@Half_Man_Half_Wit

Actually, digital is worse: there’s only either all the way out, or all the way in. :):eek:

You haven’t seen the size of the log the analog people use.

[Little_Nemo]

@bump

He should be thankful it wasn’t analog!

I’m not sure what you mean by that. I understand the anal part but what does the…OH GOD!!!

[Half_Man_Half_Wit]

@bup

You haven’t seen the size of the log the analog people use.

I understand the most brutish use digital an’ a log.

[VunderBob]

Since the guy filed suit against 2 police departments, the hospital, the doctors, and the Ass. DA, I’ll bet he gets probed a whole lot more in the future.

[enomaj]

@VunderBob

Since the guy filed suit against 2 police departments, the hospital, the doctors, and the Ass. DA, I’ll bet he gets probed a whole lot more in the future.

You mean they have a DA specifically for these kinds of cases?!

[Battle_Pope]

How would the conversation in the hospital have gone?

“Now Mr. Eckert, we just have to check a few things…turn your head and cough…good…now squeal like a pig for me…once more, just a bit louder…lovely.”
He’s probably luck they didn’t get a vet in to check him out - those shoulder length gloves shudder

[Shodan]

@lieu

“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.

I think I sprained something trying not to giggle on a phone call when I read this at work.

Regards,
Shodan

[Death_of_Rats]

I don’t think the ass reaming this guy got is half the reaming the courts are going to give this PD and hospital.

@Musicat

I wish people would take my farts as seriously. Mostly, they just move away and open the window. What I wouldn’t do to get a court order for an anal probe. Maybe it would put my ass on the map.

I can’t help with the map, but with proper prep work, good timing and some bright colors we can probably get it on Google Earth and Street View!

[asterion]

@Mr_Downtown

No, it wasn’t Albuquerque. It was Deming, hundreds of miles south of Albuquerque on I-10.

In my experience, nobody actually goes to Deming. You may stop in Deming if you’re traveling I-10. You may go through Deming to get to one of the state parks or other natural attractions near Deming. But nobody actually wants to go spend a night in Deming.

Depending on your route and exact location, I’d put Deming 240 miles from Albuquerque if you actually drove there, more if you took nothing but interstate instead of going through Hatch.

[elucidator]

There’s a Deming in Texas as well. Wonder if the founder stopped in Texas, started a town, then a few years later said “Oh, fuck this shit!” and kept on to New Mexico, and died. Otherwise, might be a Deming, Arizona.