Pubdate: Thu, 24 Jun 2004
Source: News & Observer (NC)
Copyright: 2004 The News and Observer Publishing Company
Contact:  http://www.news-observer.com/
Details: http://www.mapinc.org/media/304
Author: Lovemore Masakadza

TROOPER SUED OVER TRAFIC STOP

Durham Man Contests Search

DURHAM -- A Durham man has filed a lawsuit against a state trooper,
claiming that the officer violated his constitutional rights during a
traffic stop in 2001 on Interstate 40. In the lawsuit, Maurice
McKellar Jr., 36, alleges that he was deprived of his Fourth Amendment
rights by trooper Fred James Hargro Jr. because the trooper falsely
arrested him and searched his car without probable cause.

McKellar, who is a supervisor in the central processing department at
UNC Hospitals, said he hopes his lawsuit will help ensure that other
people will not have to go through what he went through.

"Our well-being is in their hands," McKellar said in an interview
Monday. "We are depending on them as law enforcement officers, and
sometimes the authority is used for the wrong reasons. It was a
terrifying experience."

The traffic stop occurred as McKellar was driving 79 mph in a 65 mph
zone on I-40 near the Aviation Parkway exit. According to the lawsuit,
the trooper suspected that McKellar was driving under the influence of
a controlled substance.

But when McKellar refused to allow the trooper to search his car for
drugs, the traffic stop turned into an ordeal.

According to the lawsuit, the trooper called for assistance, and four
troopers, a line sergeant and a Cary police officer arrived. After
searching the car, the officers found a prescription bottle which
contained a tablet of Prozac and over-the-counter vitamin
supplements.

McKellar said Hargro handcuffed him tightly and would not loosen the
handcuffs when he complained. He said his hands turned blue and numb
and he needed medical treatment afterward.

McKellar claims in the lawsuit that he told Hargro that he had a
prescription for Prozac and that he thinks Hargro called his drugstore
and confirmed it.

Hargro arrested McKellar and charged him with careless and reckless
driving, speeding and possession of a controlled substance. A Wake
County magistrate dismissed the controlled substance charge and
released McKellar.

In January 2002, McKellar was found not guilty in Wake County District
Court of the careless and reckless driving charge. He received a
prayer for judgment continued on the speeding charge.

Later that year, McKellar filed a complaint against the state
Department of Crime Control and Public Safety with the state
Industrial Commission over the conduct of Hargro. That claim is still
pending. The commission handles workers' compensation cases as well as
claims of negligence against state employees.

McKellar's attorney, Carlos Mahoney of Durham, said his client is now
suing Hargro as an individual. He said the Constitution clearly states
that an officer cannot search a closed hood and closed trunk if there
is no probable cause to do so.

Joe Dugdale, the general counsel for the Highway Patrol, declined to
discuss the lawsuit Tuesday, saying he had not yet seen it. Hargro,
who now works in Gastonia, was not available for comment.
- ---
MAP posted-by: Larry Seguin