This past summer, it was reported citizens in a county of Georgia were having blood forcibly drawn via a search warrant on suspicion of drunk driving. A few months after that report it was learned that officers in Texas performed body cavity searches on individual during routine traffic stops. These incidences were in violation of the US Constitution’s Fourth and Fifth Amendment; however, police departments maintain the constitutionality of the procedures. In another story, a woman was stripped naked because police stated she was resisting after an arrest for drunk driving. The police video of the incident did not show any resistance by the young woman.
America has been seeing gross violation of individual rights by police departments around the country and it doesn’t look like it’s getting any better. In New Mexico, David Eckert was detained by police after leaving a Wal-mart store for failing to make a complete stop at a stop sign; then, he was subjected to body cavity searches and forced medical procedures because police believed he was carrying narcotics. Why did police believe this? According to the report, Mr. Eckert was thought, by police officers making the traffic stop, to be clenching his buttocks.
This would sound so ridiculous to be laughable if it weren’t true. In a report by The Blaze, Eckert’s attorney, Shannon Kennedy, stated that police asked Eckert to exit the vehicle; however, it remains unclear as to why. Kennedy said, “What is so strange about this case is they held him with no evidence. They seized him to collect evidence, to go on a fishing expedition in someone’s body.”
A fishing expedition that resulted in a 12 hour ordeal for this man.
According to The Blaze:
Upon securing the warrant, Deming police officers took the man to an emergency room, but hit their first snag when a doctor refused to perform the anal cavity search because he believed it to be “unethical.”
So police tried again at the Gila Regional Medical Center in Silver City, NM, where doctors agreed to the search.
KOB-TV outlined the disturbing series of events that occurred next, details confirmed by medical records and official documents provided to TheBlaze by Eckert’s attorney:
- Eckert’s abdominal area was X-rayed; no narcotics were found.
- Doctors then performed an exam of Eckert’s anus with their fingers; no narcotics were found.
- Doctors performed a second exam of Eckert’s anus with their fingers; no narcotics were found.
- 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.
- 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.
- Doctors penetrated Eckert’s anus to insert an enema 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.
- Doctors then X-rayed Eckert again; no narcotics were found.
- 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.
Kennedy told the Blaze these are undisputed facts from medical records, not claims made by her client.
Interestingly, Eckert never gave doctors permission or consent to perform any of these procedures and even protested the treatment. However, doctors performed the procedures any way, in violation of the patient’s rights and more than likely medical facility policy and procedure. Doctors and nurses cannot perform procedures on a patient when the patient has not given their consent. To do so is to commit assault. Even in a prison facility, inmates must give their consent in order for a medical procedure to be done. In this instance, it seems that Eckert was not afforded a patient right that those convicted of a crime are given when it comes to medical procedures.
According to Kennedy, this entire situation was “a nightmare” and “unfathomable.” As someone who has practiced civil rights law for 18 years, Kennedy calls Eckert’s situation, “the most egregious case I have ever seen with law enforcement abuse.”
Eckert’s medical records indicate the preparation for the colonoscopy started at 1 am the next morning; however, the search warrant was only good through 10 pm the night before. So even if the search warrant were legal and valid, it had expired before the colonoscopy prep began. In another interesting twist, the search warrant was only valid in Luna County, NM; but, the anal cavity search and other procedures took place in Grant County at Gila Regional Medical Center.
Eckert has filed a lawsuit. A copy of the documents was provided to The Blaze by Eckert’s attorney. (Click the link to download, or scroll to the bottom to review the documents.)
Eckert is not only suing the city, the police officers, county deputies, and the deputy district attorney but the Gila Regional Medical Center and the doctors involved.
So far, neither the city or police department has provided a comment.
If these officials do comment, one can only guess what ludicrous statement will be issued.
As someone who was grilled in ethical and legal issues throughout nursing school and then numerous risk management orientations and yearly updates at various medical facilities, it can’t escape me that these doctors who performed these violations against Mr. Eckert missed those equivalent classes in medical school then cared not for their facility’s risk management educational training. These physicians are named in the lawsuit and everyone in New Mexico should make a mental note not to seek medical treatment from these charlatans.
The big issue is the violation of this man’s Fourth and Fifth Amendment rights based on a supposition of possessing narcotics because he had “clenched” butt cheeks. Did you catch that? A police officer actually had the nerve to violate this man’s rights based on this officer’s belief that individuals with clenched butt cheeks are hiding narcotics. Think about why you might clench your butt cheeks – having to defecate and trying to hold it to get home or stopping embarrassing flatulence in a public situation or maybe your underwear has ridden up in places it shouldn’t causing discomfort. None of this matters.
What does matter is the police being allowed to violate God-given rights based on a “belief” or “supposition” instead of fact or probable cause. Where did this idea come from? If this was an isolated incident, one could attribute it to rogue officers; but, it isn’t isolated. Incidents like this are being reported and exposed all over the country. And, it’s not just happening with individuals suspected of drunk driving. Routine traffic stops can now result in a violation of your person in the form of permissible rape because of a “belief” by an officer or an officer’s supposition based on a body tic.
As a child, I was taught that police officers were your friends, there to protect you and serve you – the most noble of public servants there to protect your life and aid you when distressed. My childhood teaching was thrown out the window some time back when witnessing the changes occurring in law enforcement agencies.
According to liberals, it’s acceptable to violate someone’s rights. Some individuals believe that if a search warrant is issued, it’s valid and legal regardless of whether it forces the individual to give up their Fifth Amendment rights through forced medical procedures or overrides their God-given right to refuse any medical treatment or procedure. These people honestly believe that control of your body is subject to the rule of the government and individuals should be subject to forced medical procedures based on “belief,” “suspicion,” or means of gaining confirmation if the law has been violated.
If I am not mistaken, forced medical procedures happened in Nazi Germany under the direction of Dr. Josef Mengele to the Jewish population housed in concentration and death camps. I guess to the liberals out there, this was acceptable and remains acceptable if you follow their flawed logic. They would deny this of course, saying it isn’t the same. However, I ask, “What’s the difference?” Forced medical procedures ordered and performed by those in positions of power regardless of the reason against the population is still forced and a violation of God-given rights. It was wrong in Nazi Germany and it’s wrong in America.
David Eckert lawsuit, documents
Letter to New Mexico Medical Review Commission
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