David Eckert went shopping at a Wal-Mart in Deming NM on January 2nd, 2013. He then got into his car to leave the parking lot. David Eckert was then stopped by Officer Chavez for allegedly not yielding at a stop sign. Officer Chavez ordered David Eckert out of his car. Things went downhill after that.
According to his lawyer, the police said David Eckert seemed suspicious because he was clinching his butt. This suddenly transformed a traffic stop into a drug investigation. The police said that the police drug dog alerted them to a drug odor. Police believed that David Eckert was likely carrying drugs in his anus.
David was held in custody while the police secured a cavity search warrant signed by a judge. David Eckert was taken to the Deming emergency room at Members Memorial Hospital for a cavity search. The doctor there said it was unethical and refused to do it. He was then taken to the Gila Regional Medical Center.
The ordeals of David Eckert
According to KOB 4 the following is what happened.
What Happened
While there, Eckert was subjected to repeated and humiliating forced medical procedures. 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.
David Eckert never gave permission for any of the procedures. These indignities were forced on him by the state. What is interesting is that the cavity search warrant was only valid in Luna county. The invasive procedures occurred in a hospital in Grant county. That makes the legality of the cavity search suspect.
The second most obscene incident of this case was yet to come. David Eckert was provided with a bill for all the procedures. He is now being threatened with collections.
Is this America? Is this a Democracy? Does every human being have rights? Make no mistake, the state of our politics and values make these travesties possible. When we allow our civil liberties to be trampled it makes these travesties seem even normal.
Here is the PDF of the lawsuit of the lawsuit. It is telling.
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