A New Mexico man is suing police for allegedly “subjecting him to multiple digital penetrations and three enemas,” among other “shockingly invasive medical procedures” based upon an invalid warrant and without finding any contraband.  The lawsuit says that David Eckert, 54, spent more than 12 hours at a hospital, in police custody, and at a police station after being pulled over for a simple traffic violation.  He was never charged with any crime.

“Defendants acted completely outside the bounds of human decency by orchestrating wholly superfluous physical body cavity searches performed by an unethical medical professional,” states the lawsuit.

According to a police affidavit, a detective in Deming, N.M. asked another officer to pull over Eckert’s 1998 Dodge pickup truck for not stopping at a stop sign.  After Eckert was pulled over, the officer said he saw Eckert “avoiding eye contact” and shaking, as well as standing “with his legs together”.  Eckert was told he could go home after a third officer wrote him a citation.  But before he did, Eckert voluntarily allowed a search of him and vehicle.  A K-9 dog subsequently falsely hit on a spot in the Dodge’s driver’s seat.

That’s when, even though no drugs were found, the K-9 officer told the other officer that Eckert had previously had drug problems.  Eckert has been arrested in the past for drug possession charges, though most of his charges were dismissed.  Eckert was then put in “investigative detention” and taken to the Deming Police Department around 2 p.m.  Sometime later, a judge signed a search warrant “to include, but not limited to his anal cavity.”

The police then transported him to Gila Regional Medical Center, where the lawsuit said no drugs were found in an x-ray and two digital searches of his rectum by two different doctors.  Another doctor found nothing unusual in his stool either.  After 10:20 p.m., Eckert underwent three enemas.  Then at 1:25 a.m., he underwent a chest X-Ray and then a colonoscopy.  No drugs were ever found.  Because he “merely looked nervous during a traffic stop,” the lawsuit claims authorities ended up violating Eckert’s constitutional right against unreasonable searches and seizures.

The lawsuit also alleges that “the language in the warrant was overly broad and, therefore, invalid.”  Moreover, many of the tests took place outside the 6 a.m. to 10 p.m. timeframe for which any such search warrant is legally valid under New Mexico law.

“While the war on drugs has resulted in aggressive government tactics,” the suit added, “the Supreme Court has never authorized the seizing of an alleged drug user for forced medical procedures…”

  1. Lon Spector says:

    In the grip of the law we’re helpless.


Join the Discussion

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s