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Lawsuit: Man Arrested, Searched For Marijuana Solely For Having Colorado License Plate
CBS Seattle ^ | March 28, 2014 | Benjamin Fearnow

Posted on 03/30/2014 2:38:34 PM PDT by CedarDave

Boise, Idaho (CBS SEATTLE) – An Idaho state trooper arrested and fully searched a 70-year-old Washington man’s vehicle solely because he had a Colorado license plate – a state where marijuana is legal – a federal “license plate profiling” lawsuit alleges.

Darien Roseen was driving along I-84 between his second home in Colorado and Washington state on Jan. 25 when Idaho State Trooper Justin Klitch “immediately” pulled out from the Interstate median and began “rapidly accelerating” to catch up to Roseen, according to the complaint in a Courthouse News Service report. Exiting at a designated rest area, Roseen says he became “uncomfortable” that Klitch had followed him though he had not “done anything wrong.”

~~ snip ~~

“At no point did Trooper Klitch’s line of questioning relate to Mr. Roseen’s alleged improper driving pattern,” the complaint states. “Instead, Trooper Klitch immediately accused Mr. Roseen of transporting something illegal.”

Roseen’s attorney, Mark Coonts, told Courthouse News that his client’s constitutional rights were given no regard.

“We believe that Americans should be able to travel interstate highways without being harassed and unlawfully detained because of license-plate profiling,” said Coonts. “Our client, Mr. Roseen, is a 70-year-old retiree who was returning from his daughter’s baby shower. He was stopped in Idaho and deprived of his constitutional rights because he was driving a car with a license plate from a state that ISP associated with marijuana.”

(Excerpt) Read more at seattle.cbslocal.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; US: Colorado; US: Idaho
KEYWORDS: donutwatch; drugs; licenseplate; marijuana; police; profiling
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To: MrEdd

What laws did the cop violate? I can’t think of one. Help me out here. At what point and how did the cop abuse his power and violate the driver’s Constitutional rights?


81 posted on 03/30/2014 3:55:05 PM PDT by Freedom_Is_Not_Free (Free goodies for all -- Freedom for none.)
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To: GeronL
Unless Idaho is pulling over every vehicle from CO this lawsuit is bogus

They're not. Sounds like the guy entered a freeway without his turn signal on (according to the cop, but come on you see it every day). Sorry folks, you want law enforcement out there "saving lives", this is how they do it. This is how they enforce DUI laws. You all knew that, right? They use every day violations to pull people over and ask them about other things.

The vehicle operator was an idiot for allowing the search.
82 posted on 03/30/2014 3:55:28 PM PDT by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: GeronL
"bogus"

There has to be thousands of vehicles from Colorado passing through Idaho every week. Have other vehicles been stopped simply because they're from Colorado? Even the dumbest cop should know he just can't stop every vehicle from a dope state .....especially knowing Washington state will be like Colorado shortly. Let's see if there's more to the story.

83 posted on 03/30/2014 3:56:13 PM PDT by driftless2
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To: bert

So, what if the dude had a rainbow sticker on his rear bumper?


84 posted on 03/30/2014 3:57:37 PM PDT by Paladin2
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To: CedarDave

The claimed that he “smelled marijuana” was a lie and the officer knew it or he would not have asked to search.

Lesson to all, if a police office asks to search your vehicle, the answer is a very firm NO.


85 posted on 03/30/2014 3:59:35 PM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: null and void
I did clean it up. A little.

Ha! I demand the unabridged version!

Okay, not really. :)
86 posted on 03/30/2014 4:00:10 PM PDT by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: jocon307

My tagline.


87 posted on 03/30/2014 4:00:32 PM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: jocon307
This sh*t has got to stop, excuse my language.

I'll excuse your language. Did you mean "This shit has got to stop"?

I agree.

FMCDH(BITS)

88 posted on 03/30/2014 4:01:36 PM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: Paladin2

while in jail he should have a bllod test forAIDS and exiled back to Colorado if necessary


89 posted on 03/30/2014 4:01:58 PM PDT by bert ((K.E. N.P. N.C. +12 ..... History is a process, not an event)
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To: Freedom_Is_Not_Free

“.....as he did have marijuana in the car.”

Huh? I read the report on “Courthouse News” and there was NO marijuana found in the 70 year-old man’s vehicle by the multiple cops who searched the vehicle at the sheriff department.


90 posted on 03/30/2014 4:02:40 PM PDT by july4thfreedomfoundation (I don't want to feel "safe." I want to feel FREE!)
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To: VTenigma
No you may not search my car. Am I under arrest? Am I free to go? What are the charges? No I do not waive my rights. Lawyer.

Correct. And by all means make sure you hit the record button on your phone before saying those things.

91 posted on 03/30/2014 4:02:54 PM PDT by KevinB (Barack Hussein Obama: Proof-positive that affirmative action does not work.)
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To: Leaning Right

Were you born yesterday? Both sides of the law operate the same way - like pinball. you want to win, you just can’t afford to tilt the machine.

Cops have been skating a fine line forever since my Dad was a kid and told me stories of their tactics.

The point is, the cops are not allowed to violate the law or violate your rights

Are you kidding me that if a 45 year old guy wearing a trench coat and bare legs is hanging out at the local grade school, a cop can’t contact him and pressure him to see why he has been hanging out there all week watching the kids? You have to be kidding.

You have to be kidding if you think a cop can’t contact and pressure 3 guys plastered with gang tattoos acting nervously outside place where a rival gang is holding a meeting.

Don’t sound naive. It is part of a GOOD cop’s job to profile people and then study how they react. This is a useful tactic for police and very effective for them. As long as the cops do not violate the laws or your civil rights, it is a great tactic to see who is up to no good or who has committed a crime.

Don’t throw the baby out with the bath water. I am against cops who do no-knock midnight raids and pull people over with no just cause and shooting people’s dogs.

But this? This is just good police work using a tactic cops have always used. I WANT them to use this tactic. Makes me nervous when they are around me too, but the fact is I WANT them to profile and pressure people they suspect.


92 posted on 03/30/2014 4:03:26 PM PDT by Freedom_Is_Not_Free (Free goodies for all -- Freedom for none.)
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To: Freedom_Is_Not_Free; null and void
What laws did the cop violate? I can’t think of one. Help me out here. At what point and how did the cop abuse his power and violate the driver’s Constitutional rights?

from the article...

After pulling Roseen over, Klitch reportedly failed to explain why he made the stop

93 posted on 03/30/2014 4:05:21 PM PDT by bigheadfred
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To: VTenigma

Exactly. That is where the driver went wrong. Of course there is some high chance the drug sniffing dog may have triggered a search anyway. So the driver was screwed either way. He should never have got off the highway, just stay at speed and keep going.


94 posted on 03/30/2014 4:05:50 PM PDT by Freedom_Is_Not_Free (Free goodies for all -- Freedom for none.)
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To: Paladin2

Stopping at the rest area was still fine, until the driver failed to signal and then hit the curb pulling in. Hitting the curb alone was excuse enough for the cop to contact the driver to check for driving impaired. Had he signaled and pulled in cleanly, there isn’t a darn thing the cop could have done. Not a thing.


95 posted on 03/30/2014 4:08:02 PM PDT by Freedom_Is_Not_Free (Free goodies for all -- Freedom for none.)
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To: Blood of Tyrants

A drug sniffing dog was on the way. The driver was screwed either way.


96 posted on 03/30/2014 4:09:02 PM PDT by Freedom_Is_Not_Free (Free goodies for all -- Freedom for none.)
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To: Freedom_Is_Not_Free
WAKE UP!

The point is, the cops are not allowed to violate the law or violate your rights

http://www.freerepublic.com/focus/chat/3136543/posts

97 posted on 03/30/2014 4:09:06 PM PDT by bigheadfred
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To: july4thfreedomfoundation

Ah my mistake!

And I even read the article. Stupid title said he was “arrested” and I know they could not arrest him without finding something. Upon REREADING, I found the part where nothing was found.

Sorry. My mistake.


98 posted on 03/30/2014 4:12:54 PM PDT by Freedom_Is_Not_Free (Free goodies for all -- Freedom for none.)
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To: CedarDave

To add, I have a “Texas” liscense plate, and I keep a loaded pistol in the car with me at all times. Needless to say, I could anticipate problems were I to travel up to some northern, lib-infested state. I would expect to be targeted. And I’d expect to have legal problems in regards to having my pistol. My remedy is that I just completely and deliberately avoid traveling to any lib state. Even though there are some conventions as well as historical sites in those states that I’ve wanted to visit over the years. But I restrict my travels completely to conservative states.

Similarly, I would expect somebody from a dope-state like “Colorado” to realize they might very likely be targeted were they to visit some state where the druggie-lifestyle isn’t exactly welcomed.


99 posted on 03/30/2014 4:14:27 PM PDT by greene66
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To: bigheadfred

Wake up? I don’t need to. No illegally obtained evidence should be allowed at trial. None. That is violation of law and our rights.

I’m talking about this incident where the cop did not violate the law. The driver gave the cop golden opportunities by failing to signal and then hitting the curb. Just hitting the curb alone gives the cop the legal power to check for DUI. That is enough right there to check for DUI.


100 posted on 03/30/2014 4:15:00 PM PDT by Freedom_Is_Not_Free (Free goodies for all -- Freedom for none.)
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