Today I was reading the morning paper when I came across and article “Law Enforcement Can’t be above Public Criticism”.

The writer talks about the increase of cases of police misconduct, the most recent is the officer in South Carolina that was videoed forcibly removing a student from her chair.

I believe that a lot of citizens living in Idaho saw that and thought "things like that doesn't happen in Idaho."

Yes it does.  Over a year ago I was called and asked to assist on a case where a thirty year old women was forcibly removed from her vehicle and falsely arrested in Southern Idaho.

The facts of the case are:

She was driving to pick up her daughter at school. She was travelling on an Idaho, county road. She passed an Idaho, County Deputy and she was traveling approximately ten miles an hour over the posted speed limit.

Of course the Deputy turned around and gave chase.  This is how the Deputy’s police report read:

 Using Radar I observed the defendant traveling at a speed greater than posted. As I turned to stop the defendant she sped up reaching a speed of over 100 miles an hour, causing me to chase her for several miles before catching her vehicle. After chasing the defendant I was able to stop the vehicle.  When attempting to arrest the defendant she obstructed and attempted to resist arrest. The defendant was restrained and transported to the Law Enforcement building where she was incarcerated.

I was contacted and here are the true facts of this case:

The defendant who we will now call the client, was exceeding the speed limit.  The deputy had a dash cam in his vehicle. Using his video I was able to use time and distance to determine the deputy was travelling at an approximate speed of 75 miles an hour. The deputy was able to catch the client within a few miles, and as soon as the deputy was behind the client she pulled over to the side of the road. Again, if the client had been traveling at a speed of a 100 miles an hour the deputy wouldn’t have been able to catch her in the distance that he did.

After stopping the client, the deputy approached her and asked for her driver’s license. At this time the client willingly surrendered her driver's license and proof of insurance. She is known to the deputy, as he has stopped her before in the past and she lives in the area.  The deputy returns to his patrol vehicle and runs a drivers inquiry from his dispatch. The client’s driver’s license comes back clear, meaning she has no restrictions of her driving privileges.

The deputy again approaches the client, and as he approaches the driver's door of her vehicle she asked him if he was going to arrest her. The deputy tells her "no." The deputy then asked her to step out of her vehicle. Again the client asked if he is going to arrest her. Again the deputy says "no" and demands the client to get out of vehicle. Client is then observe via he dash cam video of the patrol vehicle and you can hear her trying to call 911 with her cell phone. At this point the deputy reaches into the vehicle and drags the client out.  He then pushes her up against the side of her vehicle and hand cuffs her.

Client is placed into the rear seat of the patrol vehicle, her vehicle is towed and she is taken to the law enforcement building. I found that the deputy took an extra-long route back to the law enforcement building.

In defending the client we used the evidence of time and distance to show the client wasn’t trying to evade the officer as he had claimed. We also used the Idaho Police Officer's Standard and Training, training guide that proved the officer had been trained in traffic stops. In this training, it instructs the officer to notify the violator the reason for the traffic stop.  The deputy also had training in arrest techniques.  When the client asked if he was going to arrest her, he should have stated yes and the reason for the arrest. By telling her no and then asking her to get out of her vehicle confused the client and caused her to act the way she did. This also explains why she was concerned about getting out of her vehicle and that she was not trying to resist and obstruct an arrest. How can you resist and obstruct an arrest if you are told you are not being arrested.

I also went back through past cases involving this officer and found that he had also lied in court in the past. The sheriff still kept this officer on as an employee. I also found that on several cases this officer had made arrests of individuals even after a Certified Drug and Recognition Expert had told him the person he had detained was not under the influence of a substance.

Even after proving this officer lies on legal affidavits and lies in court, he is still working as a law enforcement officer in Eastern Idaho. He no longer works for the department he was at when he arrested our client, he just moved to a smaller department.

 

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Stuart Robinson is Idaho's most experience private investigator.
Stuart Robinson
Former Idaho Department Of Law Enforcement Lead Investigator
Holding Law Enforcement Accountable in Idaho
2015-11-03
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