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Man Cleared Of Pot Growing Sues Over Illegal Search


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Man cleared of pot growing sues over illegal search, news media presence

 

By Tresa Baldas

Detroit Free Press Staff Writer

7:11 PM, June 24, 2014

 

First the cops searched his house for pot and invited the news media to watch.

Then he was accused of growing weed and jailed for 21 days.

 

Now comes the lawsuit.

 

Waterloo Township resident Dennis Myers, 46, who was cleared of pot-growing charges after a search warrant was deemed invalid last year, is suing a small-town police chief and his township over what he calls a reckless investigation.

 

According to a lawsuit filed Monday in U.S. District Court, former Waterloo Township Police Chief Tom Cottrell misled a judge in 2013 in order to search Myers’ home for suspected marjiuana plants. Moreover, the lawsuit states, Cottrell invited members of the local news media into the home to witness the search without the homeowner’s permission.

 

TV crews filmed the search — more than 30 marijuana plants were seized from the home and charges followed — but the homeowner ultimately was cleared. That’s because a state judge declared the search warrant invalid, concluding the chief didn’t disclose all pertinent information in obtaining the warrant.

 

Myers was criminally charged and detained for 21 days.

 

More than a year later, Myers sued Cottrell and Waterloo Township, near Jackson, in federal court in Detroit, alleging they violated his constitutional rights against unlawful searches.

 

“Chief Cottrell ... knowingly and deliberately, or with a reckless disregard for the truth, made false statements or omissions in the affidavit,” the lawsuit states. “His conduct in this case represents a policy, practice or custom (of) the township itself. As a result, plaintiff’s rights under the Fourth and Fourteenth Amendments to the U.S. Constitution were violated.”

 

Neither Cottrell nor Waterloo Township officials were readily available for comment. Cottrell resigned from his job as chief in January.

When asked why Cottrell resigned, the new Waterloo Township police chief, Robert Reznick, said: “Don’t know, don’t care.”

 

Reznick noted that with the exception of one police officer, the police department has an entirely new staff since he took over three months ago.

 

“All my people are new people,” Reznick said. “There’s a different mentality here ... there’s a ton of public input ... I know how I want to police, and it’s not like they did.”

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  • 2 weeks later...

Is it a myth that Police can't be sued? 

Note that the Department is being sued because it is a policy issue that is institutional. Qualified immunity protects Cottrell individually, until the county government tells him to find another job because his stupid schit will cost them a bundle. This is one more indication that things are coming our way.

Edited by GregS
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