Malpractice? Illegal search and seizure? Both?

[AWP]

Deming PD is hiring, by the way. Starting salary is $34,486 per annum; benefits include a uniform allowance that provides a case each of latex gloves and KY jelly on a quarterly basis.

In other news, @pardus is moving to NM....

 

[Dame]

To be trained on the techniques?

TSA has standing (oops) appointments.

 

[Red Flag 1]

It looks like Hidalgo Co., NM Sheriff's Office, Deming PD, and the Gila Regional Medical Center are about to cost the taxpayers in that area a metric shit ton of money.



It's not like these are just allegations, medical records prove this shit happened.

But here's the double decker money shot:



The combination of clenched buttocks and a dog sit might very well constitute probable cause for a body cavity search, but this strikes me as over the top. There's a whole lot of people who need to lose their asses over this.


PS, this link will take you to a blog post, with the actual filings at the bottom of same.

OK, here's a chance to drop an "X", or a hate on me. There may be more to the story than what has been covered, at first blush the shitty treatment is uncalled for. What we do not know, is Eckert's history. Something drew this amount of attention. There is considerable risk of death from substance overdose via GI pickup of inserted/swallowed substances. To not investigate, perhaps with less vigor, would have also been an error. The chest x-ray was likely done in clearing Eckert for his colonoscopy, not looking for drugs in his chest, as the article suggests. It is hard, sometimes, to find anything in a stool filled colon, thus the "enemas to clear". They were really bound to closely search, as much for Eckert's well being, as to satisfy the cops. I hope there was a court order for the vehicle and body cavity searches. Without the court orders, everybody just walks up to the judges bench, with open their wallets and asks, "how much do you want". I think there is more to the story. Would I have participated, only in the OR/Endo suite, with a signed, valid court order. X's and hates to follow, I'm sure:blkeye:.

 

[racing_kitty]

OK, here's a chance to drop an "X", or a hate on me. There may be more to the story than what has been covered, at first blush the shitty treatment is uncalled for. What we do not know, is Eckert's history. Something drew this amount of attention. There is considerable risk of death from substance overdose via GI pickup of inserted/swallowed substances. To not investigate, perhaps with less vigor, would have also been an error. The chest x-ray was likely done in clearing Eckert for his colonoscopy, not looking for drugs in his chest, as the article suggests. It is hard, sometimes, to find anything in a stool filled colon, thus the "enemas to clear". They were really bound to closely search, as much for Eckert's well being, as to satisfy the cops. I hope there was a court order for the vehicle and body cavity searches. Without the court orders, everybody just walks up to the judges bench, with open their wallets and asks, "how much do you want". I think there is more to the story. Would I have participated, only in the OR/Endo suite, with a signed, valid court order. X's and hates to follow, I'm sure:blkeye:.

I'm not entirely disagreeing with you, as I'm not a medical professional. I did not say that there wasn't probable cause for a body cavity search in my OP. I did not say anything about the chest x-ray being unnecessary or not. However, what I found to be over the top was three enemas that turned up no narcotics, and a follow-up colonoscopy. Again, I'm not a medical professional just yet, so if he was that severely impacted then maybe three was what did the trick. It does seem a bit over the top, though. That, and the fact that the warrant had expired before the colonoscopy itself. If the cops were worried about oral ingestion, then perhaps the warrant should have allowed for more time, or they could have gotten another warrant. What got me thinking things were off was when the the first doctors turned down the procedure as unethical. Why? If it was well and truly to ensure that an accidental overdose was not an immediate threat, then the original docs should have not had a problem with it.

Just thinking critically about both sides.

 

[policemedic]

OK, here's a chance to drop an "X", or a hate on me. There may be more to the story than what has been covered, at first blush the shitty treatment is uncalled for. What we do not know, is Eckert's history. Something drew this amount of attention. There is considerable risk of death from substance overdose via GI pickup of inserted/swallowed substances. To not investigate, perhaps with less vigor, would have also been an error. The chest x-ray was likely done in clearing Eckert for his colonoscopy, not looking for drugs in his chest, as the article suggests. It is hard, sometimes, to find anything in a stool filled colon, thus the "enemas to clear". They were really bound to closely search, as much for Eckert's well being, as to satisfy the cops. I hope there was a court order for the vehicle and body cavity searches. Without the court orders, everybody just walks up to the judges bench, with open their wallets and asks, "how much do you want". I think there is more to the story. Would I have participated, only in the OR/Endo suite, with a signed, valid court order. X's and hates to follow, I'm sure:blkeye:.

You're taking a perfectly reasonable position, in that I agree there is more to the story. There always is. I'd be interested to read the police reports, and particularly the affidavit of probable cause supporting the search & seizure warrant. I also agree there are health consequences to ingesting packaged drugs.

But with that said, I have only had cause to request medical assistance in retrieving evidence 3 times in 21 years (which included running a narcotics TF). Twice the requests were due to the defendant being clearly observed ingesting the drugs; the other involved a female dealer who secreted our buy money in her vagina.

Without going into TTPs, I have a very hard time believing this was justified even once, let alone twice.

I would not have participated, were I employed in an ED.

 

[racing_kitty]

Well, here's the other aroma that threw off the scent test.

David W. Eckert, the New Mexico man at the center of the Deming Police Department’s anal probing controversy, has a history of drug-related arrests, according to court documents viewed by TheBlaze. And while the police have not returned any of TheBlaze’s messages seeking comment, further investigation of other documents related to Eckert’s arrest reveals a significant claim by the authorities: he’s accused of hiding drugs in his anal cavity before.

It doesn't surprise me. If anything, it serves to validate probable cause with posture and dog sit, but not three enemas and a colonoscopy without proper warrant procedures being followed.

 

[Brill]

The hospital actually sent him the bill

Obama said if you like your doctor, you can keep him.

 

[Red Flag 1]

I'm not entirely disagreeing with you, as I'm not a medical professional. I did not say that there wasn't probable cause for a body cavity search in my OP. I did not say anything about the chest x-ray being unnecessary or not. However, what I found to be over the top was three enemas that turned up no narcotics, and a follow-up colonoscopy. Again, I'm not a medical professional just yet, so if he was that severely impacted then maybe three was what did the trick. It does seem a bit over the top, though. That, and the fact that the warrant had expired before the colonoscopy itself. If the cops were worried about oral ingestion, then perhaps the warrant should have allowed for more time, or they could have gotten another warrant. What got me thinking things were off was when the the first doctors turned down the procedure as unethical. Why? If it was well and truly to ensure that an accidental overdose was not an immediate threat, then the original docs should have not had a problem with it.

Just thinking critically about both sides.

You are correct, the court order had expired prior to the colonoscopy. I would not have participated in the colonoscopy without specific medical indications. Things such as altered LOC/mental function, depressed respirations, hypotension, bradycardia, etc. In some states, a quorum of treating docs could press ahead without a court order, if the docs believed it was medically necessary. I did not see that reported in the newspaper. This is a good medico/legal case to discuss. Glad you brought it up, and I was pulling from the article, not from what anyone on the board had said. Thanks for drawing my attention back to the article, RK .

 

[racing_kitty]

Thanks for drawing my attention back to the article, RK .

Anytime, dude. Anytime.

I'd be interested to read the police reports, and particularly the affidavit of probable cause supporting the search & seizure warrant. I also agree there are health consequences to ingesting packaged drugs.

Here you go!

Affidavit for search warrant starts on page 20 of 33. As far as the actual reports go, you'll probably have better luck going through your own channels than I would open source.

 

[policemedic]

The affidavit is....interesting. It would likely be wholly insufficient in our courts.

 

[racing_kitty]

Sounds like the guy may very well be able to afford the best overdose of his life in just a few short years, depending on whether or not people decide to settle out of court.

 

[Red Flag 1]

Here you go!

Affidavit for search warrant starts on page 20 of 33. As far as the actual reports go, you'll probably have better luck going through your own channels than I would open source.

Thanks,RK. Interesting read.

 

[DA SWO]

Well, here's the other aroma that threw off the scent test.



It doesn't surprise me. If anything, it serves to validate probable cause with posture and dog sit, but not three enemas and a colonoscopy without proper warrant procedures being followed.

You are correct, the court order had expired prior to the colonoscopy. I would not have participated in the colonoscopy without specific medical indications. Things such as altered LOC/mental function, depressed respirations, hypotension, bradycardia, etc. In some states, a quorum of treating docs could press ahead without a court order, if the docs believed it was medically necessary. I did not see that reported in the newspaper. This is a good medico/legal case to discuss. Glad you brought it up, and I was pulling from the article, not from what anyone on the board had said. Thanks for drawing my attention back to the article, RK .

Problem is they didn't stop at the X-Ray. Then add an expired warrant, that is followed in the wrong county. He may be a loser, but he will be a rich loser.

 

[Centermass]

Sounds like the guy may very well be able to afford the best overdose of his life in just a few short years, depending on whether or not people decide to settle out of court.

For every officer out there on the street, there are 200 blood suckers for each one, waiting in the wings, to see how deep their pockets are. And many of these may know full well that even if their case has no merit, or justification, if they think they have a snowballs chance in hell at a settlement, they'll dive in head first pro bono.

Are there instances where civil recourse is necessary and justified? Absolutely.

In this instance, PC being his known priors and current events coupled, they may have been justified in the beginning, but it appears you now have the "Fruit of the Poisonous Tree" argument within the scope of the warrant that may have been violated regarding area of jurisdiction and expiration of it's validity.

I say "Appears" because I do not have iron clad knowledge of the totality of all the circumstances involved. An affidavit filed by the defendant isn't enough. Still, be interesting to see if the entire department gets a black eye and a settlement is paid out or if more to this incident is disclosed.

 

[racing_kitty]

The affidavit for the warrant is out there, also. It's available through Scribd in a hot link I posted a little earlier (pg 22 of 30).

Plus, defendant's affidavit or no, whether the procedures were performed or not is not up for debate as they are part of the defendant's medical records, which were released to a local TV station (apparently with a $6000 bill for those services, to boot). If the records were faked, it should hit the news wires in a couple of days. It comes down to why was it done this way? That is the ethical sticking point.

Hell, in the OP, I alluded to my opinion that body language/posture and a dog sit were a good call for PC (sub meth for semtex, same logic). Later, it was revealed that he had priors involving rectal concealment, which bolstered the PC claim. That still doesn't excuse the depth in which they searched him. It's not like he fit the demographic for implant IEDs.

It would've been cheaper to just beat his ass just outside of the dashcam's view and claim he tripped over the squad car repeatedly.

 

[AWP]

I'm not an LEO, but at what point does the cost become justifiable? I get an x-ray and a finger wave, but after that you're inept or disgusting.

"If at first you don't succeed..." probably shouldn't apply to anal cavity searches.

 

[medicchick]

"If at first you don't succeed..." probably shouldn't apply to anal cavity searches.

For the record, I'm stealing that for my sig.

 

[8654Maine]

Rectum? Damn near killed 'em.

Too soon? Just probin'.