Posted on 11/06/2013 5:03:10 PM PST by mandaladon
Fair enough, but here’s the thing: the real issue here isn’t so much the Whren stop, it’s really more a matter of the nature of the search itself.
On the face of it, as presented by the plaintiff, it’s outlandish. Yeah, sure, people keester all sorts of things, and they also swallow dope, but dragging the guy all over the county and the extraordinary thoroughness of the search just seems excessive.
That said, the people of Luna county don’t have to wait for the federales to swoop in and protect their civil rights. There are only 14,000 people in the whole county for crying out loud: if they’re bent out of shape by this stuff, they can remove the sheriff, elect a new one and even pass local ordinances that prohibit the sheriff or his deputies from even requesting similar warrants if they think that they’re out of bounds.
I’d think that there would be a local outcry against the sheriff if all of the plaintiff’s claims were true, and are part of a pattern and practice in Luna county. On the other hand, the good people of Luna county may well be heartily sick and tired of tweakers and other druggies running amok, and may consider themselves more of the old-school “law and order” types. Curious to see how this pans out.
Me too!
FReepers knew right away of government malfeasance against innocent citizens in both the Duke lacrosse and Zimmerman cases. FReepers are reasonably concluding that there is government malfeasance involved here, as well.
Well, with all due respect, it seems to me that the FReepertarians pretty much drew their conclusions from the headline.
But if the Demming police chief should be flapping his gums at the media, what about the doctors and the hospital? They were named in the suit as well. Shouldn’t they be spilling their guts in advance of the trial too? And the Deputy DA who obtained the search warrant for the officers? He’s named too. Shouldn’t he be singing like a bird so that the FRepertarians won’t think bad things about him, too?
That’s just dumb. People, if they have competent counsel, clam up when their sued. Simple as that.
Nifong and the rest clammed up big time, once they saw how hosed their case was.
Excellent job on that video!
The medical reports and the judge’s warrant are all publicly available to view, as is the lawsuit in a pdf file. They’ve all been viewed by the local news channel that reported this. None of it is made up.
The documents are all available to view at this website.
Don’t see anything on there but court records with claims and counter claims. If everything he claims is true, he was raped and hopefully the town will be bankrupted and cops imprisoned.
But still just claims from a convicted drug user. I would want to hear doctor testimony, see medical records, and hear the context of the arrest from the detective, before I string up the cops.
If this guy just drove away from an observed drug buy and he truly has a history of keeping drugs in his anus, then an initial search might be justified. But even with all that, the forced enemas and colonoscopy is criminal if true.
14. As to the allegations of fact set forth in paragraph 106 of Plaintiff’s Complaint, Dr. Odocha admits only that, according to available medical records, on January 2-3, 2013, the Plaintiff underwent two rectal examinations, two radiologic studies, and a colonoscopy, and two saline enemas and anesthesia were administered to the Plaintiff. Dr. Odocha is presently without sufficient specific factual knowledge to form a belief as to the precise accuracy of the remaining allegations of fact set forth in paragraph 106 of Plaintiff’s Complaint and, therefore, denies the same and demands strict proof thereof.
So, yeah, the doc admits most of the claims. However he claims the enemas and x-rays were to prepare for the colonoscopy.
Wow.
The records are all in the federal lawsuit, I saw them online somewhere. I doubt the lawyer would make up the claims if she didn’t have the evidence to back it up. The hospital is being sued as well, for performing an invasive medical procedure without patients consent.
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