# In futile car search for Marijuana, Pompton Lakes police inflict $12K worth of damage



## FruityBud (Jan 1, 2012)

When Pompton Lakes police seized Darren Richardsons car on a rainy September afternoon, they told him it was headed for an impound lot. When they returned it three weeks later, he says, the 2004 BMW belonged in a junk yard.

The instrument cluster and leather dashboard were gone. The caramel-colored seats were torn up. The gear shift was ripped out and stray wires hung limp everywhere. Geico, Richardsons insurance company estimated the damage at $12,636.42  more than he paid for the car  and declared the vehicle a "total loss."

According to police reports, the damage to the black BMW 325i came in the aftermath of a traffic stop during which officers detected a "strong odor of raw marijuana" inside the vehicle. Searching for a cache of drugs, members of three different police agencies and a detective from a federal drug task force spent two days tearing the car apart, the reports said.

So what did police find after their $12,000 search?

Absolutely nothing.

The incident has led to an internal affairs investigation by the Pompton Lakes Police Department, opened the door for litigation that could cost local taxpayers and left experts wondering whether the department wasted resources in pursuit of what many see as a minor crime.

"The root of these problems, with the drug laws, is sometimes they (police departments) cant distinguish between the Medellin cartel and somebody smoking a spliff," said Eugene ODonnel, a former police officer and assistant district attorney who teaches at the John Jay College of Criminal Justice in Manhattan.

Richardson, 28, of the Haskell section of Wanaque, filed a notice of claim against the department last week, seeking damages for false arrest and malicious prosecution. He also said Geico may sue the department to recoup the cost of the claim it has already paid to Richardson.

If that happens, Pompton Lakes could be forced to repay the insurance company.

"Geico would have a potential cause of action against the police department for damaging the car, provided (Richardson) would be legally entitled to recover the money from the police department," said William Stewart, a veteran claims adjuster and president of Claims Training Services. "They stand in Richardsons shoes."

The ordeal began Sept. 23 when Lt. Moises Agosto stopped Richardson after he nearly caused a traffic accident at Wanaque and Colfax avenues, according to police reports. Richardson  who served two years in prison for a drug charge and admits he "doesnt trust cops"  began arguing with Agosto, the reports said.

"The way they were acting, their whole demeanor, and the way I was antagonizing them, I knew they were going to mess with me," Richardson said.

According to the police reports, Agosto smelled marijuana coming from the vehicle. Moments later, Richardson and his passenger got out of the car and continued arguing with Agosto, but found themselves in handcufffs by the end of the dispute, according to the police reports.

From inside Agostos cruiser, Richardson watched a drug-sniffing dog scratch at the BMWs trunk, indicating the presence of narcotics, according to the report. Police obtained a search warrant and Richardsons car was impounded, the reports said.

Four days later, at an impound lot, police conducted another search of the vehicle, according to police reports. A second dog was used, but this canine scratched at the dashboard, not the trunk, the reports said.

Unable to find the source of the drug scent, police called in a "trap expert" to see if marijuana was hidden in a secret compartment inside the vehicle. Nothing was found. With the car now partially disassembled and unable to be driven, Pompton Lakes police contacted New York City Detective Ellen Friedman, an expert in concealed drug compartments who is part of a Drug Enforcement Administration task force, the reports said.

On Sept. 28, Friedman searched the car and found nothing, but told police that at one time it may have been used as a drug transport in the past, according to the reports. Richardson denied that allegation.

In the end, the searches yielded no drugs, but resulted in more than $12,600 in damage to Richardsons car, according to an itemized insurance claim.

Geico did not respond to requests for comment.

A police spokesman said the department offered to pay Richardson before he submitted the insurance claim.

"The (department) agreed to pay the damages," Detective Sgt. William Jernstedt said. "Richardson said he was going to deal with his insurance company, so when the insurance company totaled it, it became an internal investigation."

Jernstedt declined further comment, citing the investigation.

Richardson was initially charged with evidence tampering and resisting arrest, while his passenger was charged with making terroristic threats against police. Both charges were filed after the drug allegations were made, according to the police reports, and all charges against Richardson and his friend have been downgraded to "petty disorderly persons offenses," that will be heard in municipal court, officials said.

While police stayed within the bounds of the search warrant, experts said, the search appears to have been excessive.

"They went way beyond the scope of this," said Jeffrey Gold, a criminal defense attorney who taught search and seizure courses at the Burlington County Police Academy. "Once they got into it, they started tearing the car apart. They made it worse, in the hopes that they would make it better by striking gold."

Civil rights advocates said the case illustrates how many police agencies waste resources in pursuit of marijuana offenders.

"This is a great illustration of the costs of this kind of enforcement, which yielded nothing for public safety," said Deborah Jacobs, executive director of the state ACLU. "All those resources went for something that most Americans dont even think should be a crime."

For his part, Richardson said he cant believe it cost $12,000 to charge him with a disorderly persons offense.

"It was overkill," he said. "Its crazy."

*hxxp://tinyurl.com/cs9c3xo*


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## jonesfarm (Jan 1, 2012)

Welcome to New Jersey


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## mrcane (Jan 2, 2012)

The land of the Free???


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## Ridgerunner (Mar 8, 2012)

America is becoming a police state.


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## MG Canna (Mar 8, 2012)

Is that NJ???  I am from Ringwood which is 5 minutes down a back road.

It doesn't surprise me.  All the cops in Jersey juice big time!!!!!  They are the craziest, most corrupt cops beside NYC.


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## MG Canna (Mar 8, 2012)

Haskel NJ is a small town of rednecks who are very poor.  It is a flood zone so anytime it drizzle, that area floods.  Point is there are lots of hard drugs like crack, heroine and PCP.  Domestic violence is very bad as well.  I still think the cops are in the wrong.  You treat everyone like a criminal just because it makes your job easier...


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## Locked (Mar 8, 2012)

Woot.....another black eye for my crappy state.


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## Roddy (Mar 8, 2012)

Ah, was his own fault for owning a car so expensive!


 :huh:  :bolt:


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