Roadside strip search prompts lawsuit - TwoWheelForum: Motorcycle and Sportbike forums
 
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post #1 of 15 (permalink) Old 07-13-2005, 12:02 PM Thread Starter
 
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Roadside strip search prompts lawsuit

DAYTONA BEACH -- An Orange County man claims in a lawsuit that a Daytona Beach Shores public safety officer made him strip, then searched him in view of tourists making their way around a miniature golf course.

Travis Taylor, 26, says in his suit against the city, Public Safety Department and the officer that his civil rights were violated during the search last year and the officer battered him during the traffic stop on Atlantic Avenue.

The lawsuit, filed Monday, claims he and a friend were profiled -- selected for inspection based on their age and race -- and searched for drugs when they were pulled over for a faulty tail light on July 30, 2004.

Director of Public Safety Stephan Dembinsky on Tuesday deferred comment to the city's attorneys. A call to the city manager was not returned.

According to the lawsuit filed by Orlando attorney Yvonne Nelson on Monday, Officer Manuel Perez, 29, claimed he stopped a car Taylor was riding in at the 2100 block of South Atlantic -- across the street from Congo River Miniature Golf -- because of an inoperable tail light.

Perez, who has worked in Shores since 2002, was involved in another high profile incident two years ago. He shot and killed Charles Jones, a mentally ill man who attacked him with a rock on a beach walkover. An investigation found the shooting was justified.

In the 2004 traffic stop, a tail light of the blue 1995 Chevy Caprice driven by Darryl Moore, 25, of Orange County was cracked at the time, but it was working, according to the lawsuit.

The officer asked the men, who were both black, if they had any drugs; they replied they did not. The officer insisted Taylor "come clean" and said he knew "he had drugs on him," according to the suit.

Perez got permission to search the car and patted down Taylor twice, but did not find any illegal substances. After separating the men, Perez ordered Taylor to drop his pants and underwear on the sidewalk, in full view of customers of the miniature golf business, and allow visual inspection of his genitals, the lawsuit says.

Nothing illegal was found and no citations were issued.

"After several minutes of harassment and illegal detainment," the men were allowed to leave, the lawsuit states.

Police must have reasonable suspicion or consent to conduct a search during a traffic stop, said Mitch Wrenn, an assistant public defender in the high crimes unit of 7th Judicial Circuit in Daytona Beach. "Just because they pull you over doesn't mean they have a right to search you or your car."

Wrenn advises his clients to never submit to a search. But giving consent to a car search doesn't give police the right to perform a strip search, which is generally reserved for people already charged with a crime, he said.

In June, the Florida League of Cities completed an investigation and denied a claim for damages filed by Taylor's attorney.

"Although we regret this unfortunate incident," wrote Sharon White, a claims representative for the city on June 15, "we find no negligence/liability on the part of the City of Daytona Beach Shores for the alleged civil rights violation."

Taylor's attorney said Tuesday she had not determined how much in damages to seek.

In a side note...Daytona Beach Shores is an extremely small community South of Daytona Beach on A1A When you come to town for Bike Week or the beach...You do not want to have any dealings with their department...
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post #2 of 15 (permalink) Old 07-13-2005, 11:33 PM
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Cliff notes please...




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post #3 of 15 (permalink) Old 07-14-2005, 07:22 AM Thread Starter
 
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The Po-Po in The Shores made the dude drop his drawers on the sidewalk in front of the people playing miniature golf on A1A. Moral of the story...you do not want to have any dealings with the Daytona Beach Shores PD
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post #4 of 15 (permalink) Old 07-14-2005, 12:01 PM
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LOL thats fuct, those cops SHOULD be fired and the city sued for hiring them!

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post #5 of 15 (permalink) Old 07-14-2005, 12:08 PM
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I'm sure there is more to it that gave the cops a reason to search. Strip searching in public is just wrong never the less.

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post #6 of 15 (permalink) Old 07-14-2005, 01:02 PM
 
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Quote:
Originally Posted by bumblebee
The Po-Po in The Shores made the dude drop his drawers on the sidewalk in front of the people playing miniature golf on A1A. Moral of the story...you do not want to have any dealings with the Daytona Beach Shores PD
This Dept is one that is all Firemen - EMT / Police. Bee you may or may not remember but they had that officer shoot and kill a man b/c he threatened to throw a rock at him in Dec. 2003.

So imagine living in a town that only had one main drag and all of the firemen and EMT's were cops - thus trippling the number of police.

As illustrated by stopping the car for a license plate light being out - they will stop you for any reason.

As pro police as I am - this reminds me why even I didn't like driving in Volusia County
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post #7 of 15 (permalink) Old 07-14-2005, 01:26 PM Thread Starter
 
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It's the same cop...just more trouble ...
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post #8 of 15 (permalink) Old 07-14-2005, 01:37 PM
 
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Oh i didnt read that far, Im sitting in class.

That guy is an idiot and needs a new line of work. It frightens me to know that guys like him continue to run around with guns and badges.

And obviously the Florida League of citites is going to rule in favor of the city b/c its in THEIR best interest.

I just hope this attorney files suit in Federal Court as well.

Oh well - guys like Officer Perez are going to make me very wealthy after law school.
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post #9 of 15 (permalink) Old 07-14-2005, 02:32 PM
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Snakemann, are they also certified as police? Or are they just like volunteer firefighter's with a few "how to hold your hose" classes?? Is that legal?

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post #10 of 15 (permalink) Old 07-14-2005, 02:44 PM Thread Starter
 
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most if not all of the Volusia County/municipal LEO's that patrol on or near the beach are cross trained and certified as LEO, paramedic and Lifeguard...
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post #11 of 15 (permalink) Old 07-14-2005, 02:51 PM
 
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Originally Posted by pickle.of.doom
Snakemann, are they also certified as police? Or are they just like volunteer firefighter's with a few "how to hold your hose" classes?? Is that legal?
They are coined a Dept. of Public Safety

I know a guy that works there & it's his first LE job. But all have been through the EMT course and Police Academy. They all drive SUV's (Ford Explorers) with their EMT and Bunker Gear.

He explained once to me that there are 3 units out most of the time. 1 works North, one South and there is a roving unit in a Suburban that is a 2 person unit (Paramedics) that goes to all of the med calls.

They also have a traffic unit on a bike. And one person that stays @ the station to respond in a fire truck. - But fire calls are very rare.
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post #12 of 15 (permalink) Old 07-14-2005, 02:55 PM Thread Starter
 
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One evening, a female police officer pulled a man over for DUI, and said, "You are under arrest. Anything you say, can and will be held against you. Do you want to say anything?" The drunk replied, "Nice boobs."
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post #13 of 15 (permalink) Old 07-14-2005, 02:58 PM
 
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Originally Posted by bumblebee
One evening, a female police officer pulled a man over for DUI, and said, "You are under arrest. Anything you say, can and will be held against you. Do you want to say anything?" The drunk replied, "Nice boobs."

Young girl in bar to young officer, "If I call 911 will you answer?"

Officer, "No, but my wife will"
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post #14 of 15 (permalink) Old 07-14-2005, 05:50 PM
 
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ok with GM.
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post #15 of 15 (permalink) Old 07-14-2005, 08:09 PM
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Wow, maybe they just have too much to do and this was an overworked-overstressed issue

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