Suing a sheriff in Federal Court

[bongomania]

May of 2004, I was driving east on hiway 50 back to my home in Boulder, CO. I was in Sevier County, Utah. I was driving full speed at 64 mph in my !982, air-cooled, 68 horsepower Volkswagon Vanagon.

deputy hillin pulled me over and claimed I was driving 67 mph in a 65 mph zone. I gave hillin my licensse, registration, and insurance. All cleared and I have no warrants. But hillin asks if he could search my van. I deny his request and simply say I want to be on my way. hillin asks again. I say, "No" again. hillin then asks why I won't let him search and I don't answer himbut instead say, "state your probable cause or let me be on my way".

hillin called in for a drug sniffing K9 and they find a 1/2 oz of sticky icky in the back of my van.

I go to jail. I bail out. I research law in the law library. I get all criminal charges dismissed. I have now filed a pro se 1983 civil rights violation lawsuit in the US federal court in Salt Lake City.

I did interrogatories, depositions (which cost me a ton for a court reporter), and now have a hearing in Dec to see if it goes to trial. I'm not lawyer but I can kick a cop's ass in court!:dance:

bongomania Reviewed by bongomania on 11-26-2006. Suing a sheriff in Federal Court May of 2004, I was driving east on hiway 50 back to my home in Boulder, CO. I was in Sevier County, Utah. I was driving full speed at 64 mph in my !982, air-cooled, 68 horsepower Volkswagon Vanagon. deputy hillin pulled me over and claimed I was driving 67 mph in a 65 mph zone. I gave hillin my licensse, registration, and insurance. All cleared and I have no warrants. But hillin asks if he could search my van. I deny his request and simply say I want to be on my way. hillin asks again. I Rating: 5

[Th3 sand m4n]

good luck with that man sounds like you know your shit. :thumbsup:

[Myth1184]

I actually call this story BS...If he got a drug sniffing Dog to smell your car and he got a hit, he has every right to search your car (so says the Supreme Court of the United States)
Sorry dude but I dont believe this one at all.

Police Officers have what is called Blanket Immunity, meaning you cant sue the individual cop, but if your rights were violated (which they werent), you can only sue the sheriff department, not the individual

[l33t h4x0r]

However, if he was not being held under arrest the officer cannot keep him there and deny his request to leave.

[bongomania]

l33t h4x0r is very correct and Myth1184 is incorrect and owes me an apology for callikng me a liar. After my ID, registration, and insurance all cleared, hillin wasn't allowed to ask me if he could search my vehicle. the US Supreme Court has many times said that once everything clears I could either be given a warning or a citation, unless there is probable cause. there was no probable cause but hillin asked anyway. I denied his request. So hillin continued to break the law and he asked to search my vehicle again. I said, "No" again.
hillin then had the gall to ask me why I wouldn't let him search. I didn't answer his question but merely said, "State your probable cause or let me be on my way." Whereupon I was illegally ordered out of my vehicle, detained, and waited for a drug dog to arrive. ALL ILLEGAL. And smartalleck myth1884 missed the whole fact that I was pulled over and wasn't even speeding!!! everything hillin did to me was illegal. That is why the DA of Sevier County dismissed ALL criminal charges. I then filed a 1983 civil rights violation lawsuit, I'M THE PLAINTIFF IN A CIVIL TRIAL, when I declare that I was driving 64 and hillin claims I was driving 67 my word is believed over hillin's unsubstantiated claim. hillin aknowledges in his arrtest report that I "refused his request" to search my van. He was not allowed to order me out of my van without probable cause. hillin was not alolowed to detain me without probable cause. Myth1184 will always be ignorant of the laws because he chooses to be. Finally there is no such thing as "banket immuntiy" it's called qualified immunity and is only a defense when the cop is staying within the bounds of his jurisdiction, as soon as he violates Constitutional rights he relenquishes any immunity.

[KiEfBoyjBm]

^^
Wow, that's an incredible story. I wish you luck with your trial and hope that cops will get the message and respect our rights a bit. I know how it feels to have your rights trampled, I lacked the courage to fight back as you have.

Happy Tokin'

[bongomania]

Thanks kiefboy aka the kief commander! I have to drive to Salt Lake City for a summary judgement hearing on the 19th of Dec. I live in Boulder, CO so it's about an 14 hour drive in a Volkswagon. I of course want to convince the Magistrate Judge to allow my case to proceed to trial, and defendants' counsel (a Ms Kathleen Liuzzi of Dunn and Dunn law firm) is hoping the case is dismissed. The defendants are sheriff phil barney, deputy adrian hillin, and former deputy (now a truck driver) todd gardner. hillin is the one who pulled me over and arrested me, gardner arrived with the dog, and barney (who at the scene and during depositions seems actually like a decent guy) is responsible whether or not he showed up at the scene because of 'respondeat superior' meaning the master is responsible for his servants.

As of today, I have a ponytail that is halfway down my back and my beard is about 6 months old and very thick. By the end of the week it will all be gone... I'm going to go to the barber and say, "Make me look like a republican." Then I will be ready to see Magistrate Judge Paul M. Warner, first impression are everything. And for the possibility of a HUGE out of court settlement, yeah, I'll cut my hair.:stoned:

[birdgirl73]

Bongomania, Myth didn't call you a liar. He said he simply didn't believe your story, which he's perfectly within his rights to do, even if he's incorrect in not believing you. I'm assuming you don't always believe everything you read, either.

Thank you for your added measure of civility in these more recent responses. If you feel deeply troubled by the fact that you're not believed, however, your best solution would probably be to avoid posting the details of your legal situation on a public forum where doubters are free to reply. You're always going to run into people like that in places like this.

Best of luck with your case.

[bongomania]

Birdgirl you're way cool and I appreciate your feedback, but he did call me a liar, he said specifically that my story was BS. I took offense to that (which I'm sure anyone else would have also if a stranger called them a liar) but I've cooled off. I don't like being called a liar, which is exactly what he did. He could have just as easily said, "I don't believe this story" or made no comment at all, but to call it BS is calling me a liar.

And with all due respect, I included my story because it might help some stoner someday who gets pulled over and they might know that, "Hey, unless this cop states his probable cause, I don't have to let them to search my car."

[birdgirl73]

Bongo, even in your cooled-off state, you're still clearly determined to take great offense at what was said. Myth actually said he "called this story BS" and didn't call you a liar. To do that, he'd have needed to say directly, "You're a liar." There's a difference. A subtle one. But there is a difference. Welcome to subtle differences in meaning and semantics, which, incidentally, the legal world is full of.

Again, if you don't want to open yourself up to responses like Myth's, don't post on a public cannabis forum where people like him troll. Another little tip about Myth: He frequently doubts. And he has never been known to revisit a thread or respond after anyone confronts him. So he's not ever going to see all this noise you're making. With all due respect in return, I also will continue to believe, whether you're doing others a public service or not by publishing your story here, that you'd be far wiser, considering that you have a pending case, to refrain from detailing your case on a public cannabis forum until it has been heard and ruled upon.