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Main Forums => Politics => Topic started by: 41magsnub on November 05, 2013, 11:34:23 AM

Title: Improper search
Post by: 41magsnub on November 05, 2013, 11:34:23 AM
http://www.kob.com/article/stories/S3209305.shtml?cat=500#.UnkcWhBnAy7 (http://www.kob.com/article/stories/S3209305.shtml?cat=500#.UnkcWhBnAy7)

Short version...

Guy runs a stop sign
Cop pulls him over, thinks the guy is clenching his buttocks
Gets search warrant for an anal search
First hospital refuses to perform the search on ethical grounds (way to go guys!)
2nd hospital does the search (no drugs ever found):  2 separate finger exams, 2 x-rays, 3 enemas, then he is sedated and they do a colonoscopy

Both the cops and the doctors need some jail time.  They basically anally raped this guy under the cover of law.

Lawsuit is pending against the cops, the 2nd hospital, and the DRs that performed the "procedure".

Edit:  the warrant was served improperly too:  they took him out of the county for the search since the in county hospital wouldn't do it and they took too long, they were still searching after the warrant expired.
Title: Re: Improper search
Post by: AZRedhawk44 on November 05, 2013, 11:40:21 AM
I'd be dead.  Or tased/drugged into submission if I didn't somehow escape.  Period.  No effing way.  I'd shoot a cop to escape that.
Title: Re: Improper search
Post by: Balog on November 05, 2013, 11:46:57 AM
CSD's comments insinuating the guy had it coming because he looked like and or was related to criminals in 3 2 1
Title: Re: Improper search
Post by: Tallpine on November 05, 2013, 11:47:28 AM
I'm suprised the hospital and doctors didn't send a bill also.


Ain't cha glad to live in Uh-Murrica where at least you know you're free  :mad:
Title: Re: Improper search
Post by: Jamisjockey on November 05, 2013, 11:48:25 AM
I'd be dead.  Or tased/drugged into submission if I didn't somehow escape.  Period.  No effing way.  I'd shoot a cop to escape that.

When my TX chl instructor went over the section on using deadly force to resist wrongful use of force by an officer, I laughed at him.  Made an interesting conversation for the class.  
Title: Re: Improper search
Post by: Sergeant Bob on November 05, 2013, 11:52:13 AM
But hey, at least the peace officers jack boots got to go home safe that night!

This story should be on the national news but, I'm pretty sure it won't be. Might wake some people up.
Title: Re: Improper search
Post by: MillCreek on November 05, 2013, 11:55:11 AM
Geez Louise on roller skates. There is no way in heck I would allow or instruct my doctors to do this sort of thing absent a medical emergency, which this was not.  There have been cases in which a drug mule was packing narcotics internally, and the packages ruptured, and emergency procedures were done without consent to save the patient's life, regardless of the law enforcement implications. 
Title: Re: Improper search
Post by: Balog on November 05, 2013, 12:01:01 PM
The cops and doctors had no valid warrant, no probable cause (he was standing funny?  ;/), and were in no way acting within the legal bounds supposedly placed upon them. This was kidnapping and gang rape at gunpoint. Who wants to bet that those involved either are not charged or receive a slap on the wrist compared to if a non-cop kidnapped and gang raped someone?
Title: Re: Improper search
Post by: roo_ster on November 05, 2013, 12:03:39 PM
Dude should know better than to clench his butt cheeks in front of a LEO.  He ought to be happy he got a medical professional with clean gloves manually rape him.

The gals cavity searched by this reinstated trooper got it up both the love tunnel and dump station with the same glove:
http://www.chron.com/news/houston-texas/houston/article/Trooper-who-conducted-cavity-search-reinstated-4721814.php

Title: Re: Re: Improper search
Post by: lupinus on November 05, 2013, 12:10:09 PM
Not only no. Hell fluffing no.

They ought to be in freaking jail. Every last one of them

Sent via tapatalk
Title: Re: Re: Improper search
Post by: Balog on November 05, 2013, 12:16:21 PM
Not only no. Hell fluffing no.

They ought to be in freaking jail. Every last one of them

Sent via tapatalk

Hey now, they'll receive a written disciplinary action in thier file that might make them get a smaller raise next year! Haha, just kidding it's union wages so it'll have no effect whatsoever. But still, you know.
Title: Re: Re: Improper search
Post by: Sergeant Bob on November 05, 2013, 12:18:57 PM
Hey now, they'll receive a written disciplinary action in thier file that might make them get a smaller raise next year! Haha, just kidding it's union wages so it'll have no effect whatsoever. But still, you know.

Along with a suspension paid vacation.
Title: Re: Improper search
Post by: Balog on November 05, 2013, 12:23:38 PM
I always enjoy it when the media uses the same tone to describe a cop getting fired as they do a non-cop getting the death penalty. "And he might *gasp* lose his job!!!!!" Some animals are more equal than others...
Title: Re: Improper search
Post by: Tallpine on November 05, 2013, 12:37:44 PM
Quote
Cop pulls him over, thinks the guy is clenching his buttocks

From now on, that would be a natural reaction    :O
Title: Re: Improper search
Post by: SADShooter on November 05, 2013, 12:44:39 PM
Whatever happened to civility? Should at least be offering to buy a patty melt and coke first.

On the brighter side, "Hey! Free prostate check!"

(I think I'm in a really misanthropic mood today...)
Title: Re: Improper search
Post by: RoadKingLarry on November 05, 2013, 01:10:08 PM
And yet another reason to wonder why we don't see more killdozer type events.
Title: Re: Improper search
Post by: 41magsnub on November 05, 2013, 01:32:57 PM
I'm suprised the hospital and doctors didn't send a bill also.



Apparently they did send a bill.  That would have me in a killdozer frame of mind.
Title: Re: Improper search
Post by: cordex on November 05, 2013, 02:44:47 PM
Apparently they did send a bill.  That would have me in a killdozer frame of mind.
That surprises me.  I'm pretty sure the department is on the hook for search-related services (i.e. blood draws for DUI tests, etc) as well as any medical care while someone is under arrest. 

I think the reason there are a small number of killdozer incidents is the cost and skill necessary to pull something like that off. 
Title: Re: Improper search
Post by: Balog on November 05, 2013, 03:06:03 PM
Cordex: what are your thoughts on this incident?
Title: Re: Improper search
Post by: Gowen on November 05, 2013, 04:50:33 PM
Hey, you guys don't understand.  I am sure an investigation will find that the guy is into kiddie pron, overseas gambling, sells drugs, cheats on his taxes and his wife and is a tea party member.  The officer would have been justified in head shooting him on the spot and saving the tax payers the money for a trial.   
Title: Re: Improper search
Post by: cordex on November 05, 2013, 05:15:57 PM
Cordex: what are your thoughts on this incident?
If the story took place as the article states then it was an appalling and by all appearances criminal invasion of privacy nearly indistinguishable from forcible sexual assault.  I see absolutely no cause for such a search based on an officer's perception that the individual was "clenching" and am disgusted that the officer was able to get a warrant on such shaky ground in the first place, much less that he was able to convince a hospital to play along.  I'm additionally bewildered at the extremes the hospital took it under police direction.  The guy should have received a ticket or warning and been sent on his way so he could find a bathroom.
Title: Re: Improper search
Post by: RevDisk on November 05, 2013, 05:23:03 PM
Dude is likely going to win when it comes to the civil suit. He should go after the medical licenses of each and every individual involved. The cops are obviously beyond kidnapping, rape, sexual assault, etc charges, which should be applied. Maybe he can try to get the judge debarred, but that's an even further long shot.

The cops and the judge are protected, the medicos are not. Sue the facility, the docs, the nurses, etc. Individually and the corporations involved. It'll disincline other medical professionals from being such jackboot sucking scum. At least one doc had a brain and refused to play along. Ideally, because it was unethical, rather than merely fear of being sued.

If you help law enforcement officers repeatedly anally rape an innocent person, your life should be destroyed, because you deserve it.
Title: Re: Improper search
Post by: vaskidmark on November 05, 2013, 08:16:39 PM
Dude is likely going to win when it comes to the civil suit. He should go after the medical licenses of each and every individual involved. The cops are obviously beyond kidnapping, rape, sexual assault, etc charges, which should be applied. Maybe he can try to get the judge debarred, but that's an even further long shot.

The cops and the judge are protected, the medicos are not. Sue the facility, the docs, the nurses, etc. Individually and the corporations involved. It'll disincline other medical professionals from being such jackboot sucking scum. At least one doc had a brain and refused to play along. Ideally, because it was unethical, rather than merely fear of being sued.

If you help law enforcement officers repeatedly anally rape an innocent person, your life should be destroyed, because you deserve it.

Not so sure the cops are going to bve shielded by limited immunity.  Too much discusion, training and actual use of "dry cells" and "dry chairs" both with already-incarcerated and those being held on suspicion of holding something internally.  Also bunches of training floating around on procedures to use to get extended investigatory holds to wait for time and contraband to pass.

About the only one who will skate is the judge, on soverign immunity.  Also on the notion that it was up to the cops to avise him on all the alternatives noted above.

But what everybody seems to have missed so far is that even the medicos, who were acting as agents of the cops when they did the stuff culminating in the hosepipe, are open to 8th Amendment complaints.  Sure the 4th was trampled into the mud.  But wait till a jury gets hold of the 8th Amendment applying.  Those zeroes are going to start multiplying.

stay safe.
Title: Re: Improper search
Post by: SteveS on November 05, 2013, 08:20:13 PM


The cops and the judge are protected, the medicos are not.

While they enjoy a high level of immunity, I would file a Sec. 1983 claim against the cops.  I know there is no guarantee, but I would love to bring this case in front of a jury.
Title: Re: Improper search
Post by: tokugawa on November 05, 2013, 08:21:06 PM
 Eventually things come back around.
Title: Re: Improper search
Post by: tokugawa on November 05, 2013, 08:29:57 PM
The interesting thing was how far they pushed it- a freaking colonoscopy can have deadly consequences- the just could not admit they had made a mistake- actually,he was lucky it was done with the Doc's there-other wise they WOULD have "found" some drugs.

 I bet there is something else going on here- I bet this guy was chosen for a reason having nothing at all to do with a traffic stop. The cops had an existing grudge, for some reason and thought this was an extra judicial punishment they could get away with.
Title: Re: Improper search
Post by: AmbulanceDriver on November 05, 2013, 08:50:29 PM
Hoo boy.   If what the complaint alleges is true, I'd be pursuing criminal charges against all the medical staff involved.   Assault, sexual assault, kidnapping, the works.  I'd also pursue kidnapping charges against the officers involved, as well as accessory charges to the charges against the medical staff. In addition to all the civil charges.
Title: Re: Improper search
Post by: Bigjake on November 05, 2013, 09:13:10 PM
Eventually things come back around.

And if he doesn't get a F'ing MASSIVE settlement... Well,  some things are best served cold.
Title: Re: Improper search
Post by: RoadKingLarry on November 05, 2013, 11:44:57 PM
This too shall pass.
Title: Re: Improper search
Post by: BobR on November 05, 2013, 11:52:52 PM
That is all kinds of puckered up!!!


bob
Title: Re: Improper search
Post by: zxcvbob on November 05, 2013, 11:56:17 PM
But what everybody seems to have missed so far is that even the medicos, who were acting as agents of the cops when they did the stuff culminating in the hosepipe, are open to 8th Amendment complaints.  Sure the 4th was trampled into the mud.  But wait till a jury gets hold of the 8th Amendment applying.  Those zeroes are going to start multiplying.

 ??? Explain please?  I really don't see how the 8th applies at all.  The 6th, perhaps.

First he needs to go after the hospital.  Criminal and ethics complaints against everyone involved, and the hospital itself.  (The goal should be shut the whole hospital down, and a couple of docs commit suicide -- it's a lofty goal and unlikely to go that far, but you never know unless you try)
Title: Re: Improper search
Post by: Sindawe on November 06, 2013, 12:08:41 AM
Quote
They ought to be in freaking jail. Every last one of them

An open air jail.

Exposed to the elements and all the hungry creatures that slither, crawl or fly.


But nothing will come of this.  An investigation will find that these "Officers" acted per policy and withing the limits of "The Law".


Title: Re: Improper search
Post by: Azrael256 on November 06, 2013, 01:13:00 AM
I bet there is something else going on here- I bet this guy was chosen for a reason having nothing at all to do with a traffic stop. The cops had an existing grudge, for some reason and thought this was an extra judicial punishment they could get away with.

Read the complaint.  Plaintiff ticked off one of the officers during a stop for an equipment violation a few months before.

Let's assume this is all true.  The medical records will probably be pretty incontrovertible, so it should shake out quickly.

The officers almost don't bother me.  Life imprisonment and be done with them.  Bankrupt them completely, families on the street, whatever.  Devastate the town financially.  Let some other town annex it, or sell it to DoD for artillery practice if the citizens don't handle this with torches and pitchforks.  I'm so sick of every agency on earth bouncing between the rump rapin' rangers (TXDPS and these scumbags) and the respect mah authoritah execution squad (Dallas and Ft. Worth PDs) that I'm almost OK with just tossing them in the can forever for popping a curb in a city vehicle.

But the doctors...  

I'm a real stickler for breaching a sacred trust being an aggravating factor far, far beyond the threat or use of violence, and sacred trust is a few notches above public trust.  These guys put a toe on the first rung of the crimes against humanity ladder by laying evil hands on their victim and performing unnecessary, punitive surgery on him over his objection.  Unethical was the digital and the CT.  Three enemas is getting into the gray area between unethical and torture.  The colonoscopy is inhumane.

(I recognize that not everybody will think of a colonoscopy as a surgery, but the complaint details a surgical consult and general anesthesia.)
Title: Re: Improper search
Post by: Battle Monkey of Zardoz on November 06, 2013, 06:34:06 AM
If this report can be trusted. The hospital charged the suspect for all procedures and is threatening to take him to collections for non payment.

http://rt.com/usa/hospital-bills-eckert-search-270/

I can't print what I would have done or what I think needs to be done here.
Title: Re: Improper search
Post by: erictank on November 06, 2013, 09:03:11 AM
??? Explain please?  I really don't see how the 8th applies at all.  The 6th, perhaps.

First he needs to go after the hospital.  Criminal and ethics complaints against everyone involved, and the hospital itself.  (The goal should be shut the whole hospital down, and a couple of docs commit suicide -- it's a lofty goal and unlikely to go that far, but you never know unless you try)

8th Amendment - no cruel and unusual punishment. In what realm is multiple instances of officially-mandated sodomy considered an appropriate punishment for minor league drug smuggling (how much could he ever possibly have been carrying - upwards of a whole POUND, maybe?), even AFTER proven guilty in a court of law? And they did this BEFORE any proof, and AFTER evidence that there was no smuggling was presented (and after the doctors at the first hospital said, "NFW - we're not doing that!"). I'd say "cruel and unusual" applies here, along with quite a bit else.

Charging the victim of that violation of rights for the procedures utilized in that same violation is simply adding insult to (multiple) injury.
Title: Re: Improper search
Post by: cordex on November 06, 2013, 10:05:40 AM
8th Amendment - no cruel and unusual punishment. In what realm is multiple instances of officially-mandated sodomy considered an appropriate punishment for minor league drug smuggling (how much could he ever possibly have been carrying - upwards of a whole POUND, maybe?), even AFTER proven guilty in a court of law? And they did this BEFORE any proof, and AFTER evidence that there was no smuggling was presented (and after the doctors at the first hospital said, "NFW - we're not doing that!"). I'd say "cruel and unusual" applies here, along with quite a bit else.
Let me preface this with "In no way am I defending the actions of officers, doctors or judges involved in this incident as it has been reported."  Just so Balog doesn't get the wrong idea.   ;)

Discomfort and costs incurred incident to a search aren't legally considered punishment, are they?  For example, kicking someone's door in to search their home is unpleasant and unwanted and undesirable and could be costly, but it is done in the course of search not as a punishment handed out by a court for a crime.  I would think to get an 8th Amendment violation to stick it would have to be something handed out as a sentence.

Moreover, since cavity searches (albeit, probably not as enthusiastic as this one) are carried out on a regular basis in jails and prisons - in other words attendant to actual punishment - without legal objection then I think bringing an 8th Amendment case would be extremely difficult.
Title: Re: Improper search
Post by: Tallpine on November 06, 2013, 10:44:00 AM
Quote
kicking someone's door in to search their home is unpleasant and unwanted and undesirable and could be costly, but it is done in the course of search not as a punishment handed out by a court for a crime.  I would think to get an 8th Amendment violation to stick it would have to be something handed out as a sentence.

Ain't that slick thinkin' - just skip the courts entirely and the cops can do whatever they want.   :mad:

Quote
I can't print what I would have done or what I think needs to be done here.


That "extra-judicial" thing can go both ways.  :angel:
Title: Re: Improper search
Post by: cordex on November 06, 2013, 10:52:03 AM
Ain't that slick thinkin' - just skip the courts entirely and the cops can do whatever they want.   :mad:
Not at all.  The liability may still be there depending on the circumstance, I'm just saying that damage, injury and indignity incident to a search are not the same thing legally as damage, injury and indignity applied as a punishment for a crime.  I was explicitly addressing the 8th Amendment claim.
Title: Re: Improper search
Post by: erictank on November 06, 2013, 11:19:07 AM
Let me preface this with "In no way am I defending the actions of officers, doctors or judges involved in this incident as it has been reported."  Just so Balog doesn't get the wrong idea.   ;)

Discomfort and costs incurred incident to a search aren't legally considered punishment, are they?  For example, kicking someone's door in to search their home is unpleasant and unwanted and undesirable and could be costly, but it is done in the course of search not as a punishment handed out by a court for a crime.  I would think to get an 8th Amendment violation to stick it would have to be something handed out as a sentence.

Moreover, since cavity searches (albeit, probably not as enthusiastic as this one) are carried out on a regular basis in jails and prisons - in other words attendant to actual punishment - without legal objection then I think bringing an 8th Amendment case would be extremely difficult.

2 x-rays, three enemas (in public), two digital exams, and sedation under general anaethesiology (with attendant, admittedly minor, risk of DEATH) for a freaking colonoscopy (where they shove a camera into your colon, rather than the slender enema tube or a doctor's fat finger) - when the first X-ray alone informed the police in this case that there was no reasonable chance he was smuggling drugs in his rectum or intestines, and nearly ALL of it performed outside of the limits of the controlling search warrant. They had all the information they needed to show that their suspicion was completely unfounded - what else COULD this be but punishment for "contempt of cop"? They failed to find any drugs during a previous stop, lied about his "personal habits" to get a warrant to commit official sodomy this time, and went *WAY* over the top when their first, non-invasive search proved their warrantless suspicions to have no basis in fact. I'd think it was at least arguable, myself. The only way it would not be, IMO, is if it is as you suggest restricted solely to sentencing, and I'm not sure if that's the case - they asserted they had the legitimate authority to perform, and did in fact perform over objections, what can only be seen as punitive actions intended to inflict excessive distress on their victim. From http://www.fbi.gov/about-us/investigate/civilrights/color_of_law:

"Excessive force: In making arrests, maintaining order, and defending life, law enforcement officers are allowed to use whatever force is “reasonably” necessary. The breadth and scope of the use of force is vast—from just the physical presence of the officer…to the use of deadly force. Violations of federal law occur when it can be shown that the force used was willfully “unreasonable” or “excessive.”

Sexual assaults by officials acting under color of law can happen in jails, during traffic stops, or in other settings where officials might use their position of authority to coerce an individual into sexual compliance. The compliance is generally gained because of a threat of an official action against the person if he or she doesn’t comply.

False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. ...

Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority.

The Fourteenth Amendment secures the right to due process; the Eighth Amendment prohibits the use of cruel and unusual punishment. During an arrest or detention, these rights can be violated by the use of force amounting to punishment (summary judgment). The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process." {emphasis added}

Regardless of 8th Amendment applicability, a 42USC1983 case seems like a slam-dunk against the county to me.

http://www.kob.com/article/stories/S3209305.shtml?cat=500#.UnpoOXC-rls has a copy of the actual suit, for those interested. If even a TENTH of the assertions contained therein are true, those officers and doctors need to go away for a LONG time. And Eckert is, IMO, going to be a wealthy man, at the county's expense (and ideally at the expense of the individual offenders, as well). And he needs to not EVER have pay a dime to the hospital over this.
Title: Re: Improper search
Post by: bedlamite on November 06, 2013, 02:20:35 PM
http://www.usnews.com/news/articles/2013/11/05/man-seeks-millions-after-nm-police-force-colonoscopy-in-drug-search (http://www.usnews.com/news/articles/2013/11/05/man-seeks-millions-after-nm-police-force-colonoscopy-in-drug-search)

This is nice to hear:

Quote
Officers then transported Eckert to the Gila Regional Medical Center after an emergency room doctor at a Deming, N.M., hospital told them "this is unethical," Kennedy said. The doctor who refused to comply with police is willing to testify if the lawsuit goes to trial, according to Kennedy.

And to think I thought this (https://www.youtube.com/watch?v=yspHR4IxKiU) was absurd years ago. Combine this with Idiocracy, and Mike Judge is beginning to look like a prophet.
Title: Re: Improper search
Post by: AmbulanceDriver on November 06, 2013, 02:41:16 PM
You know, I think that by the time this whole thing is over, this dude ought to own a hospital.   
Title: Re: Improper search
Post by: vaskidmark on November 06, 2013, 02:42:24 PM
??? Explain please?  I really don't see how the 8th applies at all.  The 6th, perhaps.

First he needs to go after the hospital.  Criminal and ethics complaints against everyone involved, and the hospital itself.  (The goal should be shut the whole hospital down, and a couple of docs commit suicide -- it's a lofty goal and unlikely to go that far, but you never know unless you try)

8t Amendment prohibits cruel and unusual punishment.  Based on case law, "punishment" has come to be understood to be conditions of incarceration as well as specific punitive actions.

Plaintiff was subjected to cruel and uusual treatment as a condition of his arrest/incarceration.  Deliberate indifference cuts both ways - withholding needed treatment is the most common complaint, but subjecting arrestee to unnecessary, dangerous, painful procedures - especially when there are, as noted above, "industry standards" for determining if there is any contraband hidden in the anus/colon/lower intestine that are not invasive and are not inherently dangerous.

stay safe.
Title: Re: Improper search
Post by: 41magsnub on November 06, 2013, 02:44:34 PM
And a pattern emerges...  http://www.kob.com/article/stories/S3210356.shtml?cat=500#.UnqbGxBnAy5 (http://www.kob.com/article/stories/S3210356.shtml?cat=500#.UnqbGxBnAy5)

Same scenario, same drug dog alerts on the seat of the car.  Cops get a warrant and the guy is violated in the same way at the same medical center, nothing is found.
Title: Re: Improper search
Post by: Scout26 on November 06, 2013, 02:49:49 PM
Let the Piling On!!! begin !!


Methinks there's some New Mexico Police officers, District Attorneys and a some doctors that now have their butt cheeks clenched.
Title: Re: Improper search
Post by: Balog on November 06, 2013, 02:56:34 PM
Just another isolated incident.
Title: Re: Improper search
Post by: RevDisk on November 06, 2013, 03:11:37 PM

Seriously. What were the people involved thinking? Did the doctors not think they'd lose their medical licenses? Why didn't a nurse pick up a phone and call the legal department or administration? While the cops know they have immunity, you would think that as human beings they might consider what they were doing as wrong. Warrantless invasive surgical practices should NOT be the line in the sand they crossed, but it's a fairly blatant one.
Title: Re: Improper search
Post by: zxcvbob on November 06, 2013, 03:14:31 PM
8t Amendment prohibits cruel and unusual punishment.  Based on case law, "punishment" has come to be understood to be conditions of incarceration as well as specific punitive actions.

Plaintiff was subjected to cruel and uusual treatment as a condition of his arrest/incarceration.  Deliberate indifference cuts both ways - withholding needed treatment is the most common complaint, but subjecting arrestee to unnecessary, dangerous, painful procedures - especially when there are, as noted above, "industry standards" for determining if there is any contraband hidden in the anus/colon/lower intestine that are not invasive and are not inherently dangerous.

stay safe.

It says "cruel and unusual punishment", not "cruel and unusual treatment", and it's an easy argument that he wasn't being "punished" because the case hadn't been adjudicated yet.  Why go for a stretch like that when there are so many slam dunks?  (kidnapping, multiple counts of aggravated assault, civil rights violations under color of law, medical malpractice, etc)
Title: Re: Improper search
Post by: Ryan in Maine on November 06, 2013, 03:19:28 PM
LEO's involved should be fired (barred from any govt and security-related job for life) and imprisoned as long as possible. That ought to be preferable to what I believe their punishment should really be.

All hospital staff should be fired (barred from any govt and health industry-related job for life) and imprisoned for as long as possible.

This is not ok and they should all serve as examples akin to leaving the bodies hanging outside of the city limits.
Title: Re: Improper search
Post by: HankB on November 06, 2013, 03:29:43 PM
Could say a lot, but I'll just boil it down to this: Were someone to face trial for taking the law into their own hands after this kind of mistreatment, I would dearly love to be on the jury.
Title: Re: Improper search
Post by: erictank on November 06, 2013, 03:48:30 PM
It says "cruel and unusual punishment", not "cruel and unusual treatment", and it's an easy argument that he wasn't being "punished" because the case hadn't been adjudicated yet.  Why go for a stretch like that when there are so many slam dunks?  (kidnapping, multiple counts of aggravated assault, civil rights violations under color of law, medical malpractice, etc)

The FBI states that punishment can be pre-conviction treatment ("summary punishment").
Title: Re: Improper search
Post by: MillCreek on November 06, 2013, 04:38:37 PM
Seriously. What were the people involved thinking? Did the doctors not think they'd lose their medical licenses? Why didn't a nurse pick up a phone and call the legal department or administration? While the cops know they have immunity, you would think that as human beings they might consider what they were doing as wrong. Warrantless invasive surgical practices should NOT be the line in the sand they crossed, but it's a fairly blatant one.

Or the risk manager on call.  Ahem.
Title: Re: Improper search
Post by: zahc on November 06, 2013, 11:51:58 PM
The solution to this type of problem is simple, economical and readily available. Evil prevails because we continue to let it.
Title: Re: Improper search
Post by: cassandra and sara's daddy on November 07, 2013, 09:44:50 AM
The solution to this type of problem is simple, economical and readily available. Evil prevails because we continue to let it.

Significant difference between outrage and bombast from a keyboard and actually doing something.


Sent from my iPad using Tapatalk HD
Title: Re: Improper search
Post by: Sergeant Bob on November 07, 2013, 10:47:07 AM
The interesting thing was how far they pushed it- a freaking colonoscopy can have deadly consequences- the just could not admit they had made a mistake- actually,he was lucky it was done with the Doc's there-other wise they WOULD have "found" some drugs.


Perforated colons and sepsis are no fun. I have personal experience with the "sepsis" part, and have signed the consent form for colonoscopy three times (yes, it does mention "perforated colon"). I hope he didn't sign a consent form.
Title: Re: Improper search
Post by: Tallpine on November 07, 2013, 11:27:31 AM
http://www.lewrockwell.com/2013/11/william-norman-grigg/politely-stand-up-for-your-rights/

I guess this becomes a non-event after LRC and Grigg report it  ;/
Title: Re: Improper search
Post by: MechAg94 on November 07, 2013, 11:27:32 AM
And a pattern emerges...  http://www.kob.com/article/stories/S3210356.shtml?cat=500#.UnqbGxBnAy5 (http://www.kob.com/article/stories/S3210356.shtml?cat=500#.UnqbGxBnAy5)

Same scenario, same drug dog alerts on the seat of the car.  Cops get a warrant and the guy is violated in the same way at the same medical center, nothing is found.
This also mentions the drug dog is required to recertify every year and had an expired certification.
Title: Re: Improper search
Post by: Hawkmoon on November 07, 2013, 07:38:58 PM
And a pattern emerges...  http://www.kob.com/article/stories/S3210356.shtml?cat=500#.UnqbGxBnAy5 (http://www.kob.com/article/stories/S3210356.shtml?cat=500#.UnqbGxBnAy5)

Same scenario, same drug dog alerts on the seat of the car.  Cops get a warrant and the guy is violated in the same way at the same medical center, nothing is found.

Coincidence.

Nothing to see here, move along ... move along.
Title: Re: Improper search
Post by: Tallpine on November 07, 2013, 07:47:32 PM
Coincidence.

Nothing to see here, move along ... move along.

Just another isolated incident  ;)
Title: Re: Improper search
Post by: Sergeant Bob on November 07, 2013, 08:31:20 PM
And a pattern emerges...  http://www.kob.com/article/stories/S3210356.shtml?cat=500#.UnqbGxBnAy5 (http://www.kob.com/article/stories/S3210356.shtml?cat=500#.UnqbGxBnAy5)

Same scenario, same drug dog alerts on the seat of the car.  Cops get a warrant and the guy is violated in the same way at the same medical center, nothing is found.

It doesn't mention who the officers were in this "Isolated Incident" but, I'd say that department needs some serious looking into and offenders jailed, especially those at the top who allow such BS to go on.

Could say a lot, but I'll just boil it down to this: Were someone to face trial for taking the law into their own hands after this kind of mistreatment, I would dearly love to be on the jury.

Save me a seat. :mad:
Title: Re: Improper search
Post by: Balog on November 08, 2013, 01:48:19 PM
Legal analysis. http://www.popehat.com/2013/11/07/what-is-the-quantum-of-proof-necessary-for-police-to-rape-and-torture-you-in-new-mexico/#more-20735
Title: Re: Improper search
Post by: 41magsnub on November 08, 2013, 02:41:21 PM
Legal analysis. http://www.popehat.com/2013/11/07/what-is-the-quantum-of-proof-necessary-for-police-to-rape-and-torture-you-in-new-mexico/#more-20735

I really hope he is wrong.
Title: Re: Improper search
Post by: Ned Hamford on November 08, 2013, 03:49:33 PM
I'd be very interested to see how that unnamed officer who asserted the suspect had a history of hiding things in his anal cavity works out.  David Eckert? Ohhh, I thought we were talking about Dave Edwards!  Oh ho ho, honest mistake.    :police:
Title: Re: Improper search
Post by: brimic on November 08, 2013, 04:06:19 PM
And yet another reason to wonder why we don't see more killdozer type events.

'Dorner' is the new killdozer.
Title: Re: Improper search
Post by: cassandra and sara's daddy on November 08, 2013, 04:07:14 PM
'Dorner' is the new killdozer.

Your choice in heroes is special


Sent from my iPad using Tapatalk HD
Title: Re: Improper search
Post by: brimic on November 09, 2013, 10:03:40 AM
Your choice in heroes is special


Sent from my iPad using Tapatalk HD

The irony is strong in this one.
 :rofl: :rofl: :rofl: :rofl: :rofl:
Title: Re: Improper search
Post by: dogmush on November 09, 2013, 11:30:15 AM
No one said hero. But that kind of event; someone with a grudge against Law enforcement/ gov going off with a few weapons and targeting the avatar of their angst is much more likely to be common then a killdozer. If only because of the lower capitol investment needed.

In some cases it's even understandable. Not condoning it mind you, but I could understand it.
Title: Re: Improper search
Post by: cassandra and sara's daddy on November 09, 2013, 11:34:27 AM
No one said hero. But that kind of event; someone with a grudge against Law enforcement/ gov going off with a few weapons and targeting the avatar of their angst is much more likely to be common then a killdozer. If only because of the lower capitol investment needed.

In some cases it's even understandable. Not condoning it mind you, but I could understand it.

i can too
i could even condone hunting someone who did you a real wrong.  someone who guns down a guys kid and her fiancee?!  different folks have different moral standards i guess. and i've never considered mine to be very high but they are too high for that
Title: Re: Improper search
Post by: zahc on November 09, 2013, 11:42:50 AM
Quote
But that kind of event; someone with a grudge against Law enforcement/ gov going off with a few weapons and targeting the avatar of their angst

You mean like the recent LAX shooting? I think we can expect more such poorly-directed blowback by the less-well-adjusted in the future.
Title: Re: Improper search
Post by: roo_ster on November 09, 2013, 02:50:23 PM
i can too
i could even condone hunting someone who did you a real wrong.  someone who guns down a guys kid and her fiancee?!  different folks have different moral standards i guess. and i've never considered mine to be very high but they are too high for that

FTR, that "kid"was an adult, not a 13YO toting an airsoft.

Still an innocent party used as a tool in Dorner's revenge plan, but at least Dorner got positive ID before opening fire.  Which is more than the local yokels can claim.
Title: Re: Improper search
Post by: gunsmith on November 16, 2013, 07:09:07 PM
http://www.youtube.com/watch?v=LKS_dT36Uys
Title: Re: Improper search
Post by: T.O.M. on November 16, 2013, 09:36:09 PM
I have to wonder what judge/magistrate would authorize an invasive search on that affidavit.  There's not a judge I've ever worked with who would authorize an invasive search on that crap.  But, I work in Ohio, where judges are elected, and this crap would cost you an election when it got out.  Anyone know if New Mexico judges are elected?
Title: Re: Improper search
Post by: freakazoid on November 16, 2013, 10:37:24 PM
There's not a judge I've ever worked with who would authorize an invasive search on that crap.

Teehee.

:angel:
Title: Re: Improper search
Post by: DustinD on November 18, 2013, 03:52:29 AM
Quote
this crap would cost you an election when it got out.
  :facepalm:  [barf]

Seriously !?!

No! Chris no...

Yea I know that wasn't intentional.

Anyway.
Here is hoping some legal sanction is handed down, I am not keeping my hopes up for it to be anything worth while. I hope he at least gets a huge payout from it.
Title: Re: Improper search
Post by: roo_ster on November 18, 2013, 07:53:19 AM
Here is hoping some legal sanction is handed down, I am not keeping my hopes up for it to be anything worth while. I hope he at least gets a huge payout from it.

Yep, that way the taxpayers get it where the sun doesn't shine. 

Oh, and I wonder just how much this would be trumpted from the rooftops by the MSM had the races of those involved had been reversed?
Title: Re: Improper search
Post by: HankB on November 18, 2013, 11:02:31 AM
Yep, that way the taxpayers get it where the sun doesn't shine.
As well they should, for voting in a bunch of <censored> who allow this stuff from their police force. Maybe, just maybe, some of the voters will see sharp increases in their taxes and learn that it DOES matter who they elect.
Title: Re: Improper search
Post by: MechAg94 on November 18, 2013, 08:31:47 PM
http://www.youtube.com/watch?v=LKS_dT36Uys
Advice to this lady, if you aren't racist, you don't have to stop and explain that you aren't.  Just get on with it.  The idiots who may think you are racist will think so regardless.
Title: Re: Improper search
Post by: MechAg94 on November 18, 2013, 08:32:43 PM
I have to wonder what judge/magistrate would authorize an invasive search on that affidavit.  There's not a judge I've ever worked with who would authorize an invasive search on that crap.  But, I work in Ohio, where judges are elected, and this crap would cost you an election when it got out.  Anyone know if New Mexico judges are elected?
I would hope so.  Do think something like this is grounds to get him disbarred?
Title: Re: Improper search
Post by: RoadKingLarry on November 18, 2013, 09:28:24 PM
I would hope so.  Do think something like this is grounds to get him disbarred?


I think something like that is grounds to get him disheaded, but I'm a bit of a radical.
Title: Re: Improper search
Post by: SteveS on November 18, 2013, 09:35:12 PM
I would hope so.  Do think something like this is grounds to get him disbarred?


In most places, yes.  It may also be enough to get him removed from office.
Title: Re: Improper search
Post by: MillCreek on January 14, 2014, 02:14:38 PM
http://www.usnews.com/news/articles/2014/01/14/new-mexico-man-given-forced-colonoscopy-by-cops-wins-16-million-settlement?s_cid=rss:new-mexico-man-given-forced-colonoscopy-by-cops-wins-16-million-settlement

$ 1.6 million settlement from the two cities involved; the medical providers have not settled yet.
Title: Re: Improper search
Post by: cassandra and sara's daddy on January 14, 2014, 02:34:03 PM
if they gave up that easy they were scared
Title: Re: Improper search
Post by: MillCreek on January 14, 2014, 02:57:11 PM
if they gave up that easy they were scared

I would have been scared of a larger verdict if I was defending the cities.  Plus, my philosophy has always been that if liability is clear, it is better for everyone to try and resolve the case as soon as possible rather than stretching it out and running up the meter.  I am pretty sure the insurers of the medical providers will be doing the same thing.
Title: Re: Improper search
Post by: fifth_column on January 14, 2014, 03:24:51 PM
Does anyone know if there were repercussions for the officers/officials involved?
Title: Re: Improper search
Post by: Scout26 on January 14, 2014, 03:33:19 PM
Does anyone know if there were repercussions for the officers/officials involved?

This.  I'm glad to see he got (some) just compensation fro the taxpayers of the two cities involved, but I want the officers, DA and judge that signed off on this put in the stocks on the public square and flogged.
Title: Re: Improper search
Post by: Tallpine on January 14, 2014, 03:33:50 PM
Does anyone know if there were repercussions for the officers/officials involved?

Hopefully they got home safe that night  ;/
Title: Re: Improper search
Post by: Blakenzy on January 14, 2014, 04:04:31 PM
The idea of letting these things go by with no serious individual, criminal liability scare and sadden and anger the hell out of me. To think that police are getting the message of: "If someone I pull over gives me lip, I can have them legally sodomized... zero risk to me"

What a way to bitter my day... :'( :mad:

On a side note.. could there ever be enough killdozer responses to make police-culture realize that their antisocial attitude and conduct is probably not right?

When authorities consider sodomizing in the name of finding "evidence" proper conduct, or in the best interest of the community... I have got to question the sanity of those occupying office, the institutions themselves, and the legitimacy they hold. When it comes to trespassing people's bodies, "we are the Police!" just doesn't cut it, and should elicit the response of "oh really? Well say hello to my little friend!".

As a final thought, involuntary cavity searches should not be legal. Period. Much less road side cavity searches. If there is "contraband" in someone's rectum, the only acceptable procedure would be to issue a court order for confiscation of all fecal matter exiting the "suspect" with appropriate arrangements to ensure retrieval. It will exit, eventually. It's a physiological fact!
Title: Re: Improper search
Post by: MechAg94 on January 14, 2014, 05:23:57 PM
I can certainly see the ban on cavity searches at least in most circumstances.  Would there be medical grounds to do that if x-ray showed something dangerous inserted?
Title: Re: Improper search
Post by: Nick1911 on January 14, 2014, 05:49:14 PM
On a side note.. could there ever be enough killdozer responses to make police-culture realize that their antisocial attitude and conduct is probably not right?

No.  If those events happened with any frequency, it would just intensify aggressive law enforcement action.  After all, they would have domestic terrorists to fight.
Title: Re: Improper search
Post by: gunsmith on January 14, 2014, 05:53:14 PM
http://www.usnews.com/news/articles/2014/01/14/new-mexico-man-given-forced-colonoscopy-by-cops-wins-16-million-settlement?s_cid=rss:new-mexico-man-given-forced-colonoscopy-by-cops-wins-16-million-settlement

$ 1.6 million settlement from the two cities involved; the medical providers have not settled yet.

wow, that's a lot of dough ... I would be tempted to get "searched" my self for that kind of payout.  >:D

I hope the medical folks involved have to pay personally as opposed to their insurance.
Title: Re: Improper search
Post by: zxcvbob on January 14, 2014, 05:58:10 PM
wow, that's a lot of dough ... I would be tempted to get "searched" my self for that kind of payout.  >:D

I hope the medical folks involved have to pay personally as opposed to their insurance.

They need to lose their medical licenses -- not just the doctors, but also the hospital.