RE: I miss the 4th Amendment

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RE: I miss the 4th Amendment - 11/6/2013 6:59:32 AM

mnottertail

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I would assume that undisputed in this context means no challenges have been raised to date.

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RE: I miss the 4th Amendment - 11/6/2013 9:50:05 AM

Yachtie

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FR

It's unclear why the colonoscopy was necessary after enemas and x-rays did not reveal hidden drugs. Eckert was sent a $6,000 bill for the medical procedures he involuntarily underwent, his lawyer says.

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RE: I miss the 4th Amendment - 11/6/2013 9:52:51 AM

mnottertail

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I'm betting someone is gonna eat those bills, and not him. God, wouldn't you hate to be the DA on this case?

< Message edited by mnottertail -- 11/6/2013 9:53:05 AM >

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RE: I miss the 4th Amendment - 11/6/2013 10:21:13 AM

DesideriScuri

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quote:

ORIGINAL: mnottertail
I'm betting someone is gonna eat those bills, and not him. God, wouldn't you hate to be the DA on this case?

Not as much as I'd hate to be one of those cops...

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RE: I miss the 4th Amendment - 11/6/2013 10:29:04 AM

Yachtie

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I hope those cops get multiple anal probes prior to being on the witness stand. Don't want them hiding anything.

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RE: I miss the 4th Amendment - 11/6/2013 10:29:37 AM

kalikshama

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From your link:

Kennedy filed a motion for summary judgment Oct. 24, asking the court to rule on the facts of the case, which she says are not disputed. She says defendants responded by expressing interest in resolving the case outside of court.

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RE: I miss the 4th Amendment - 11/6/2013 10:35:59 AM

mnottertail

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Yeah, If it was me, I would go for an out of court settlement if the victim at about 100 times the damages I would ask for in the civil trial, paid now, and still file criminal proceedings.

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RE: I miss the 4th Amendment - 11/6/2013 10:41:25 AM

tj444

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FR-

quote:

ORIGINAL: Yachtie

FR

It's unclear why the colonoscopy was necessary after enemas and x-rays did not reveal hidden drugs. Eckert was sent a $6,000 bill for the medical procedures he involuntarily underwent, his lawyer says.

so "Deming Police Chief Brandon Gigante declined to comment on the case when reached by KOB-TV on Monday, simply saying, "We follow the law in every aspect and we follow policies and protocols that we have in place.""

and yet "defendants responded by expressing interest in resolving the case outside of court.".. if they followed policies and protocols then they wouldn't be trying to settle out of court..

this case shows how truly dangerous rolling stops are!.. (especially in a Police State)..

The victim was 63 years old at the time of this incident (according to the article).. yet the cop thought his shaking hand was suspicious? and that he was clenching his butt? the cops thought the victim was a drug dealer? amazing.. Just as amazing is that the Doctors & hospital went along with this assault and to this degree.. I wonder if this hospital is one of those where you go in for a hang nail one day and come out the next day as a double amputee..

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RE: I miss the 4th Amendment - 11/6/2013 4:17:32 PM

thishereboi

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quote:

ORIGINAL: Yachtie

FR

It's unclear why the colonoscopy was necessary after enemas and x-rays did not reveal hidden drugs. Eckert was sent a $6,000 bill for the medical procedures he involuntarily underwent, his lawyer says.

Just when I thought this story couldn't get any worse, it does.

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RE: I miss the 4th Amendment - 11/6/2013 4:46:29 PM

Owner59

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Man Smuggles 10 Inch Gun in to Jail...

Can`t be to thorough.

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RE: I miss the 4th Amendment - 11/6/2013 5:28:02 PM

muhly22222

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quote:

and yet "defendants responded by expressing interest in resolving the case outside of court.".. if they followed policies and protocols then they wouldn't be trying to settle out of court..

Not necessarily true, though in this case I'm sure the representatives of the law enforcement officers are scrambling to come up with a way to make this go away. I'm an assistant prosecutor, and I was just talking about this in my office earlier this week, because we got a body cavity search warrant on somebody. You have to be very careful with those, both because of the potential for civil liability and also because juries tend to dislike them unless they were necessary.

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RE: I miss the 4th Amendment - 11/6/2013 6:18:11 PM

KYsissy

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quote:

ORIGINAL: muhly22222

quote:

and yet "defendants responded by expressing interest in resolving the case outside of court.".. if they followed policies and protocols then they wouldn't be trying to settle out of court..

Not necessarily true, though in this case I'm sure the representatives of the law enforcement officers are scrambling to come up with a way to make this go away. I'm an assistant prosecutor, and I was just talking about this in my office earlier this week, because we got a body cavity search warrant on somebody. You have to be very careful with those, both because of the potential for civil liability and also because juries tend to dislike them unless they were necessary.

Well if I am on Jury, and there is a body cavity search involved, there better be a damn good reason for it. A cop getting that feeling just wont cut it.

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RE: I miss the 4th Amendment - 11/6/2013 6:29:44 PM

tj444

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quote:

ORIGINAL: muhly22222

quote:

and yet "defendants responded by expressing interest in resolving the case outside of court.".. if they followed policies and protocols then they wouldn't be trying to settle out of court..

Not necessarily true, though in this case I'm sure the representatives of the law enforcement officers are scrambling to come up with a way to make this go away. I'm an assistant prosecutor, and I was just talking about this in my office earlier this week, because we got a body cavity search warrant on somebody. You have to be very careful with those, both because of the potential for civil liability and also because juries tend to dislike them unless they were necessary.

it sounds like your example is like night and day compared to what they did to this guy.. these cops did the opposite of following policies and protocols (they incorrectly assumed a shaking hand was a guilty sign, they used an uncertified unreliable drug dog that had given false signals before, etc, etc).. not to mention the first hospital refused to touch the victims butt with a 10 foot pole & put themselves at financial risk of being sued.. and yet the cops just went shopping for a hospital & Doctors dumb enough & willing to put their reputation & (liability insurance) money on the line..

Here in Houston, TX there have been body cavity searches by cops,.. at the side of the freeway in public, no less! those cops are being sued also.. (there was actual video taken of one of the incidents).. the car was stopped for speeding & the 2 women were cavity searched one after the other and the (female) cop didn't bother to change her gloves..

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RE: I miss the 4th Amendment - 11/8/2013 6:56:14 PM

tj444

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Apparently this same thing has happened to others as well.. almost exactly the same.. using a traffic stop to conduct anal drug exams.. and cases in other states that have been going on since 2009..

"The invasive search that Young alleges he was subjected to is not an isolated incident, his lawyers say, and is part of a larger pattern of cops, eager to make drug busts, crossing the line in order to try to uncover drugs and money at all costs.

“They’re really pushing the envelope on these types of searches of people,” said Joe Kennedy, an Albuquerque lawyer who is representing Young.

Complaints about police conducting public full-body cavity and strip searches, sometimes without warrants, have popped up in Texas, Wisconsin and Kansas in recent months, alarming civil rights attorneys and advocates.

In Young’s case, the officers searched his truck with a drug dog, which alerted them that it had detected drugs in the driver’s seat. The police couldn’t find any drugs in the truck, so they ordered Young to drop his pants and underwear in the public parking lot to search him. Then, at 2 a.m., they got a warrant for a body search at the local hospital, where Young was digitally penetrated and X-rayed, according to the complaint.

He was discharged at 4:30 a.m., after cops failed to find contraband in his truck or hidden in his body. He was never arrested or charged with anything throughout the entire ordeal. Later, Gila Medical Center sent him a bill for $600."

http://news.yahoo.com/police-turn-routine-traffic-stops-into-cavity-searches-201433510.html

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RE: I miss the 4th Amendment - 11/9/2013 4:38:59 AM

kalikshama

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muhly22222, what do you think about the hospital sending bills for procedures to which the men did not consent?

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