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Thread: Preliminary Legal Analysis of Eckert v. City of Deming, the “Clenched Buttocks” Case

  1. #1
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    Thru Death's Door in Wisconsin

    Preliminary Legal Analysis of Eckert v. City of Deming, the “Clenched Buttocks” Case

    "A lot of folks in the blogosphere have been writing about this story on Eckert v. City of Deming, a Fourth Amendment civil case involving a routine traffic stop that turned into the government forcing a suspect to undergo invasive medical procedures looking for drugs. I thought I would run through some of the allegations as well as the major legal issues they raise. Unfortunately, the case is too complicated to give a full and complete picture of all the legal issues in the time I have. But I hope to at least hit some major points.

    The facts alleged in the case are complicated and filled with many allegations, but here’s the gist of it. Officers pulled over Eckert for a traffic violation, and the officers came to believe that Eckert was a narcotics smuggler. A drug-sniffing dog was brought to the car, and it alerted to the front seat where Eckert had been sitting. The officers came to believe that Eckert had drugs stored up his rectum, and they brought Eckert to the police station. The officers then applied for and obtained a search warrant to search his body for the drugs, including but not limited to his rectal area."

    [Link URL's from the original]

    Ok, enough of the facts. What about the law? There are a lot of potential issues here, but I’ll focus on three of the major questions:

    1. Did the officers have probable cause to obtain a warrant?
    2. Assuming the officers had probable cause, did the Fourth Amendment allow the ER doctor to force Eckert to submit to such invasive procedures even pursuant to a warrant?
    3. Assuming the Fourth Amendment was violated, was the violation clearly established such that qualified immunity does not apply?

    My short answers are:

    1. We don’t know if there was probable cause;
    2. The Fourth Amendment likely didn’t allow the invasive procedures; and
    3. Whether qualified immunity should apply is a potentially difficult question.

    Here are the long answers:
    Last edited by Nightmare; 11-07-2013 at 05:27 AM.
    If TRUMP 2016 loses then I will shrug off my WHITE MAN'S BURDEN and leave the world to the Dindus and Done Nuffins. Read and understand Ayn Rand's Atlas Shrugged as a prescription for the future. TRUMP 2016

  2. #2
    Regular Member OC for ME's Avatar
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    White Oak Plantation

    The warrant expired at 10 PM, in one county.
    The perp was "examined" at 1 AM in a different county.

    The former perp will be a very rich man.
    Many many individuals will be held to account.....except the cops of course.

  3. #3
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    Aug 2012
    The cops, judge, doctors and anyone else involved in this should be spending time in PRISON!!!!!

    This is SOOOOOO far off the scale for misconduct it is almost unbelievable. BUT this is AmeriKa and this kind of crap is happening more and more around the country.

  4. #4
    Campaign Veteran skidmark's Avatar
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    A horible miscarrige of justice that has NOTHING to do with OC.

    Take it to CopWatch or the like.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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  5. #5
    Regular Member OC for ME's Avatar
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    Forum Rule #8 in part reads: "...and topics that are not related to gun rights at all should take place in "The Lounge." (I place the period inside the quotation mark where it belongs)

  6. #6
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by OC for ME View Post
    Forum Rule #8 in part reads: "...and topics that are not related to gun rights at all should take place in "The Lounge." (I place the period inside the quotation mark where it belongs)
    +1 After John opened Social Lounge his first post was on the movie Kick Ass.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  7. #7
    Regular Member 1245A Defender's Avatar
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    I liked Kick Ass,,, a lot!!!

    But even in social lounge,
    Mods have locked interesting threads
    that Lack Open Carry IMPORT....

    That aint right!!!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  8. #8
    Regular Member BrianB's Avatar
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    Apr 2011
    I read the analysis on I felt it was well done, and unfortunately it seems less than certain whether or not anybody (the judge, the cops, the doctor or anyone else) will face any consequences for this.

    If that is the case (the victim gets no compensation and the criminals get no punishment), then the whole ballgame changes. If the legal process doesn't produce satisfactory results, nobody should be surprised if preemptive and/or retributive violence becomes the solution going forward.
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  9. #9
    Moderator / Administrator Grapeshot's Avatar
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    May 2006
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    An agrigious act that occured in New Mexico.

    Has absolutely nothing to do with OC or RKBA.

    Attracted off color and remarks in general poor taste.

    Have deleted or locked 5, going on 6 threads on the subject now - will continue to do so.

    To clarify, there is no attempt to point a finger at a user/poster here - it is the subject material that is too far off-topic for OCDO.
    Last edited by Grapeshot; 11-07-2013 at 11:50 AM. Reason: added
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