Pubdate: Sun, 13 May 2001 Source: Tulsa World (OK) Copyright: 2001 World Publishing Co. Contact: http://www.tulsaworld.com/ Details: http://www.mapinc.org/media/463 Author: Ziva Branstetter TWO-HOUR SEARCH YIELDED NOTHING, ACLU SUIT SAYS But the search caused $1,089.21 in damage to the car, the suit says. A lawsuit filed against the Oklahoma Highway Patrol alleging racial profiling accuses troopers of stopping a black Army sergeant and his son for no reason and conducting a two-hour search of their car, which turned up nothing. The suit states Rossano Gerald and his son, Gregory, were driving through Oklahoma on their way to a family reunion Aug. 13, 1998. At the time, Gerald, a decorated veteran of Operation Desert Storm, was stationed in South Korea. Gerald was driving his red Nissan 300ZX on Interstate 40 and had just crossed from Arkansas to Oklahoma when he was stopped by a Roland City Police Department officer. The officer gave him a verbal warning for following too closely and allowed him to leave. Minutes later, he was pulled over on I-40 a second time by the OHP and given a warning ticket, the suit states. The suit alleges that the trooper falsely claimed Rossano had failed to signal when he changed lanes. It states Trooper Branson Perry questioned him at length about where he was going and whether he had any drugs in his car. Another trooper searched his then-12-year-old son and questioned the boy about weapons. Though Gerald declined to consent to a search of his car, the troopers brought a K-9 unit to conduct a search, stating Oklahoma law allowed such searches without consent. When Gerald asked to observe the search, the suit states that troopers warned the two that the dog might bite and not to get too close. "Gregory was nervous, crying and hyperventilating," the lawsuit states. The dog searched the car's exterior but failed to "alert . . . despite Trooper #2 repeatedly patting certain areas of the car and yanking the dog's collar when he failed to alert," the suit states. "Although the dog did not `alert,' upon information and belief, Trooper #2, after patting the wheel well, claimed the dog had alerted, thus providing him a basis for conducting a full-scale search." "Despite the afternoon heat . . . Trooper Perry turned off the car's air conditioner and turned on the heater or the car's fan, leaving SFC Gerald and Gregory to swelter in the 90-degree plus Oklahoma heat," the lawsuit states. During the search, troopers accused Gerald of having a "secret compartment in his car which contained drug residue. In reality, the compartment . . . was a feature (a footrest) of the car." "Trooper Perry then handcuffed SFC Gerald, said the dog would bite him if he tried to escape, manhandled him into his patrol car and strapped him in. . . . Trooper Perry appeared to turn off the on-board video camera and remove the tape," the lawsuit states. The lawsuit states the search caused $1,089.21 in damage to the car. After the search, "Trooper #2 stated that SFC Gerald was `behaving himself now.' When SFC Gerald complained that his car and his baggage were a mess, Trooper Perry stated `We ain't good at repacking.' " - --- MAP posted-by: Andrew