COLORADO SPRINGS, Colo. - Just two months after Colorado voters approved Amendment 64, a traffic stop in Idaho involving Darian Roseen took a detour.
The dash cam video taken from a traffic stop in January 2013, shows Roseen's truck being pulled over by Idaho state trooper Justin Klitch.
Within just a couple of minutes of being pulled over for "failing to signal properly," Trooper Klitch asked Roseen about why his eyes are "glassy" and then asks, "When's the last time you used any marijuana sir?"
Roseen replies, "I have not used marijuana in my entire life!"
Despite the 70-year-old repeatedly denying that he was transporting marijuana, Klitch and other officers repeatedly searched the vehicle at the scene. Roseen was even detained as another officer drives his truck to a nearby police station for an even more thorough search of the truck.
No marijuana was found and Roseen was released several hours later.
We showed the video to several people today.
"This is harassment. I would turn around and sue the police department personally," said Heather O'Hop.
Roseen has filed a federal lawsuit alleging that he was pulled over and searched because of his Colorado license plates.
"It's a terrible call, it's ridiculous and to say it's profiling is an understatement," said Andrew Moist.
"Profiling I don't know, but definitely he picked on that fellow," said Edward Poterereiko.
"Here's an example of what not to do," said Metro State Criminal Justice professor Joseph Sandoval. "You may have had a basis for stopping him in the first place but beyond that, what do you have? A Colorado plate?"
Attorneys for Roseen argue the only thing illegal in this traffic stop, were the actions of law enforcement.
You can watch more of the traffic stop at The Spokesman-Review.