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After drug busts thrown out, county hit with $130,000 in claims
Associated Press | 8/16/2005

SANDPOINT, Idaho -- Defendants in several misdemeanor drug cases that were thrown out of court for improper police procedure are now asking Bonner County to pay them damages totaling $130,000.

Officials have not yet responded to four tort claims filed recently against the county, naming Sheriff Elaine Savage, Deputy Matt Hathaway and the members of the County Commission.

Each of the four claims asks $25,000 in punitive damages and $7,500 in compensation for civil rights violations.

The claims allege that poorly trained officers in the county routinely trample civil liberties.

"A pattern of similar incidents in Bonner County patrolmen exhibiting a reckless disregard for citizens' constitutional rights exists within Bonner County," the claims read, according to the Bonner County Daily Bee newspaper.

Sandpoint attorney Fred Palmer is representing the individuals in the claims and said Tuesday the problems in the county go beyond the four claims that have been filed.

"We anticipate additional claims will be filed within the next 10 days to two weeks and until they have been resolved or gone through trial, we'd prefer not to comment," Palmer said.

The claims against the county involve misdemeanor drug possession charges that were either dropped by prosecutors or dismissed after a judge ruled that the evidence was improperly obtained.

In one claim, Joshua Thomas of Sandpoint was stopped by Hathaway Jan. 19 on U.S. 95 for having faulty tail lights. He passed a field sobriety test, but according to the arrest report, Hathaway suspected Thomas had been smoking marijuana because he noticed a green tint on Thomas' tongue. A small amount of marijuana and a pipe was seized from the vehicle.

Bonner County Magistrate Barbara Buchanan later ruled that the color of Thomas' tongue was insufficient cause for a drug investigation and prosecutors dropped their case after the evidence was suppressed.

Another claim alleges that Hathaway stopped Christopher Neal Evans of Pullman, Wash., on Feb. 12 near Ponderay for failing to signal and crossing the center line. Evans passed a sobriety test. Hathaway continued to question Evans about drug use, seized a small amount of marijuana and cited him for possession. But in court, the evidence was suppressed after a judge ruled it was obtained after Evans passed the alcohol evaluation and should have been free to leave.

A third claim was filed by Del Rae and Marcus Turley of Careywood, who were arrested Feb. 2 after deputies responded to a hang-up call to the county's 911 emergency line. The deputies reported they smelled the odor of burnt marijuana as they talked with the couple on their porch and conducted a search that found a small amount of marijuana in the home. After the couple asserted in court the search was illegal because the deputies lacked probable cause to enter the house, prosecutors filed a motion to dismiss the case.

The fourth claim was filed by Vida McCurdy of Hope, who alleged her civil rights were violated when Hathaway arrested her for investigation of drunken driving on Jan. 22. There were no details available in court records for her case since charges were never filed against McCurdy.

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helirapeller

I live in Idaho, and I have had the same thing happen to me before. That's the way the state seems to be. Alot of the officers, especially in rural counties overstep peoples personal rights. I've had it happen to me before, but since I didn't have anything on me, thank god, they didn't have any proof of anything. That green toung thing is hilarious though, I can't believe that du mass thought that that would hold up in court.

hauptmann

These are the kind of things smokers and growers are afraid happening to them on a daily basis. If you keep your wits about yourself and are careful with your use you can prevent yourself from being arrested. However it is hit & miss police work like this that scares me.

A green tongue from smoking marijuana? You have to be kidding me!

"poorly trained" indeed.

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SkyTripper

Personally, I hope each of these defendants WINS their lawsuits and I hope anyone else who has had this happen to them.....follows suit!
There is absolutely NO excuse for any police to conduct searches on people for ANY reason they can just come up with!
Green tongue = smoking marijuana? What BS that is! Better not suck on a green lollipop if you got some weed on ya.
This is so beyond a violation of the Constitution......unreasonable search and seizure and privacy.
These things cannot EVER be tolerated by the people and if enough people are successful at suing the local govt. agencies responsible.......it WILL send them a clear message and the police will no longer continue to trample all over individual rights......especially if these types of cops are terminated from their jobs!

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Dennis

You can't trust the police. I've seen the GLEE in their eyes when they talk about busting some poor guy for pot. When asked to be searched, just say no. If questioned about about something found during a "reasonable suspicion" search, don't tell on yourself by admitting anything. Just say, "I have nothing to say." If you're charged with something, let your lawyer sort it out.

 

Murdock

As I understand it.. Odor is probable cause for a search, this is legit. Or is it only in cars where odor is PC?

marytormey

I worte about it at my blog. I'd like to get as much info as possible. I've herd at least 14 tort claims have been filed but at the court house they list tort claims by who filed them not by who they where filed against.
Coeur d'Alene Press Newspaper - Local and National News - Kootenai County, Idaho

Victor_vicious

My understanding of why they are allowed to search your car without a warrant is you could move the car. They need to obtain a search warrant for the home. Odor could be a part of probable cause. They shouldn't be able to obtain a warrant without more than that for probable cause.
The laughable part of this story is 'poorly trained'. The problem is they are being trained. They are being trained exactly what and how to say things. Fear and intimidation, shock and awe baby. Don't worry about a little thing like the constitution. An arrest is an arrest.
VV

dinkydew1

You are busted, its tossed, you walk having paid court costs and lawyers.It`s a "court cost bussiness" and lawyers, well thats another story lol.