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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: null and void

What is the JBT ping list?


61 posted on 03/30/2014 3:33:04 PM PDT by bigheadfred
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To: Mears

I did clean it up. A little.


62 posted on 03/30/2014 3:33:13 PM PDT by null and void ( Everything evil in the world may not be Islamic but everything Islamic is evil.)
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To: CedarDave

Good thing he didn’t have his dog with him.


63 posted on 03/30/2014 3:34:00 PM PDT by Eagles6 (Valley Forge Redux)
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To: Eagles6

Right now the JBT ping list is intended as a badge (intended) of shame for the most egregious supporters of abuse of POlice power.

I’m reconsidering that policy.


64 posted on 03/30/2014 3:35:56 PM PDT by null and void ( Everything evil in the world may not be Islamic but everything Islamic is evil.)
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To: null and void

do not want RUNNING AWAY


65 posted on 03/30/2014 3:38:07 PM PDT by bigheadfred
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To: bigheadfred

It’s in flux right now. I originally intended it as a jab at badge lickers.

That may change.


66 posted on 03/30/2014 3:38:29 PM PDT by null and void ( Everything evil in the world may not be Islamic but everything Islamic is evil.)
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To: bigheadfred

Stick around, it may become a ping list to unite the serfs against Nottingham.


67 posted on 03/30/2014 3:39:48 PM PDT by null and void ( Everything evil in the world may not be Islamic but everything Islamic is evil.)
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To: Paladin2

no,no.....Colarado tags are probable cause.

Pot heads are thus qurantined


68 posted on 03/30/2014 3:41:14 PM PDT by bert ((K.E. N.P. N.C. +12 ..... History is a process, not an event)
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To: KoRn
From time to time, I’ve heard of drivers from ‘pro-gun ownership’ states being pulled over in places like NYC and DC

And you better not have an NRA sticker on your back window. Those things can interfere with your ability to see what's behind you, dontcha know?

69 posted on 03/30/2014 3:41:25 PM PDT by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: null and void

70 posted on 03/30/2014 3:42:25 PM PDT by eldoradude (How many democrats does it take to change a light bulb?)
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To: Eagles6
Lawsuit: Man Arrested, Searched For Marijuana Solely For Having Colorado License Plate

A Colorado plate isn't "reasonable cause"?

71 posted on 03/30/2014 3:44:38 PM PDT by okie01 (The Mainstream Media -- IGNORANCE ON PARADE)
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To: CedarDave

I detest the growing police state and it sound like this guys rights were PROBABLY violate, BUT... I am not sure.

Basically, a cop sits on the tail of a car with Colorado plates and then the driver starts acting suspiciously. That is a profiling all good cops do. Get you nervous and see how you react. If the driver had just kept going down the road at the same speed in the right lane, there isn’t a darn thing the cop could have done to him, legally. Instead, he acted in a suspicious manner, pulling off the highway.

Now, is that alone enough to warrant reasonable suspicion on the part of the cop? No, probably not. Cops make a lot of honest people nervous when sitting on their tail. A lot of people would probably pull over at some point just to see if the cop is really following them or just driving behind them.

I don’t really see this as the kind of jackbooted mentality that warrants my complaints like no knock raids and DUI checkpoints.

Cop intentionally makes the driver nervous to see what he will do. Driver blinks, and cop pursues because driver is acting like he has something to hide. Driver gives permission to search the vehicle, which was his mistake. He should have given no permission and asked if he was being arrested or detained or could go on his way. He never should have given permission, because there was no just cause for a search by the cop. But he gave his permission, and that allowed the cop to legally search.

I don’t think the driver has a leg to stand on, and I consider this good old fashioned policing, not jackbooted thuggery.

So flame away. Or tell me what I am missing in the story, because I don’t see an abuse of power by the cop here. I see hardball tactics making the driver nervous to see what he would do, and that’s all I see.


72 posted on 03/30/2014 3:45:59 PM PDT by Freedom_Is_Not_Free (Free goodies for all -- Freedom for none.)
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To: greene66
As a "hippie" in the late 60's, I wuz stopped in Brunswick, Ga. for cruzing the Main Street in a "woodie" after the sidewalks were rolled up with four other technologists attending a "University Paralyzed Around Science" looking for an open grocery store - (we were camping on Jekyll Island.)

No real problem, except for being stopped for being outta state and having long hair and driving slow.

(Some were criticized for "Y'all shouldn't be movin' 'round without ID's)

73 posted on 03/30/2014 3:46:32 PM PDT by Paladin2
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To: CedarDave
I assume there's some truth here. Number 1, use your turn signal when entering a freeway from an on-ramp.

Number 2, never give permission to search, you moron.

Number 3, when you've given away the farm and said we have to have permission to operate our vehicles from point A to point B, deal with the consequences.
74 posted on 03/30/2014 3:47:12 PM PDT by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: GraceG

He would have had his $5 or $10 returned to him later.


75 posted on 03/30/2014 3:48:42 PM PDT by SkyDancer (I Believe In The Law Until It Intereferes With Justice. And Pay Your Liberty Tax Citizen.)
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To: null and void
Stick around

Maybe you need a SITTM ping list---stick it to the Man.

76 posted on 03/30/2014 3:48:47 PM PDT by bigheadfred
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To: Freedom_Is_Not_Free
I see hardball tactics making the driver nervous to see what he would do, and that’s all I see.

In a free society a cop should not be trying to make a citizen nervous in the first place. It's a cop's job to be alert for violations, not to provoke violations.

77 posted on 03/30/2014 3:50:54 PM PDT by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: GeronL

It is false to say the cop pulled the driver over for having a CO plate. The fact is, the cop profiled the driver for having a CO plate and simply followed him to make him nervous and see what he would do. The driver pulled himself over instead of just maintaining speed and heading down the highway. Once he failed to signal, he gave the cop an EXCUSE to contact him. He did not have to give the cop permission to search his car, but he did.

The cop did nothing wrong in this case and the driver doesn’t have a leg to stand on.

True the cop profiled him, and we now know the cop was right to profile him, as he did have Marijuana in the car.

What we need is to decriminalize Marijuana so all the asinine gang wars and crimes surrounding it stop. Meanwhile, it is illegal in Idaho, the cop correctly profiled the driver, and the driver made a couple of mistakes giving the cop the legal opportunity to bust him.


78 posted on 03/30/2014 3:52:17 PM PDT by Freedom_Is_Not_Free (Free goodies for all -- Freedom for none.)
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To: CedarDave

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.


79 posted on 03/30/2014 3:54:10 PM PDT by VTenigma (The Democratic party is the party of the mathimatically challenged)
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To: Freedom_Is_Not_Free
"Cops make a lot of honest people nervous when sitting on their tail."

Some are more paranoid than others. Should the easily paranoid be selected by surveillance pressure?

Stopping at rest area seems to be normal behavior. "Am I free to go?"

80 posted on 03/30/2014 3:54:40 PM PDT by Paladin2
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