I was listening to Taylor Swift, then I read about New Mexico cops and their officical sexual assault, and I had to switch over to NWA and a band that is actually called Copstabber.

This week, two men in New Mexico claimed they were subjected to horrific invasive anal medical procedures after minor traffic incidents during which the cops came to suspect they were carrying drugs. On November 5, a local news station reported that David Eckert was suing the city of Deming, Hidalgo County, and the officers and doctors responsible for his mistreatment during a January incident. Eckert was pulled over by officers because he didn’t come to a full stop while trying to exit a Walmart parking lot. At some point during their interaction, the cops decided that Eckert seemed to be “clenching his buttocks,” and their dog indicated it smelled drugs under Eckhart’s seat. According to Eckert’s recently filed lawsuit, local cops and state troopers got permission from a judge to send him to the hospital to get intimately probed for narcotics. Reportedly, a doctor at one hospital declined to search on ethical grounds, but the folks at Gila Regional Medical Center weren’t so concerned. Though he never consented to the search, Eckert spent the next 14 hours being X-rayed, got anally probed twice, and was given an enemathree times then forced to defecate in front of cops and doctors. None of this uncovered any drugs, but Eckert was billed for all these procedures, which cost thousands of dollars.

A startlingly similar story comes from Timothy Young, who was stopped by New Mexico state deputies in October of last year after he neglected to use his blinkers while turning. The very same dog that smelled drugs on Eckert also “found” some contraband in Young’s car, so he too was taken to Gila Medical Center and subjected to a similar battery of anal probing and X-rays. The team at KOB 4, the local news station, discovered that the dog isn’t even certified in the state of New Mexico, but Jacob Sullum at Forbes pointed out that dogs can continue to be used as drug detectors even if they are wrong most of the time, just so long as the cops say that the canines are doing their jobs.

The rest here, plus bonus background on the semi-legal status of this sexual assault.

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  • Azulia Zebleaux

    Taylor Swift 😐

    I remember United States v. Montoya de Herandez.now that I read that Balko article. Although the detainment is farther than I like, I don’t think the Supreme Court will go beyond that (holding someone until they pass it rather than forcing them to pass it).

    Also, I was wrong, SCOTUS okay’d DNA databases, although it was a close one:
    http://jurist.org/paperchase/2013/06/supreme-court-upholds-maryland-warrantless-dna-collection.php

    I think I thought otherwise because of Scalia’s credulity quotation: “The Court’s assertion that DNA is being taken, not to solve crimes, but to identify those in the State’s custody, taxes the credulity of the credulous.”

    Here’s the blood draw case, which I think is going to be closer to your cavity search question. Although that one was also close.
    http://jurist.org/paperchase/2013/04/supreme-court-rules-warrant-may-be-required-for-blood-tests-in-dui-cases.php

    Your swings on 4th amendment issues are Kennedy and Breyer.

    • http://thestagblog.com/ Lucy

      I am trying to diminish the effects of many rewatch and rereads of “High Fidelity” by admitting my fondness for shameful things like some of her songs. And I am STAGGERINGLY clueless about the music of the kids today, so, really, she’s all I have. And the Lumineers, I guess.

      It’s like watching Lifetime movies instead of Katharine Hepburn movies. The enjoyment is sincere in both cases (one for the hilarity, admittedly), but you know one is more awesome than the other.

      I looked up US v. Herandez while writing my piece, but yes, it didn’t seem to apply to me, since what happened to these men was way more severe. Plus, actual border shit tends to be way more heinous.

      Suddenly realizing I should have looked into where the town was in relation to the border, since apparently fuck you if it’s 100 miles or less.

      Another horrendous Supreme Court decision! 😐