Teen sues for dismissal of officers over traffic stop, arrest

[TXCharlie]

Yeah, I had some weed in the back seat... But you must have planted it in the box.
Yeah, I had a dirty license plate, but you can't stop me for that.
Yeah, I was spraying myself with cologne, but that wasn't to cover up the pot smell.

Teen sues for dismissal of officers over traffic stop, arrest | News 8 | WFAA.com

Video; Video On Demand: Latest News Video | WFAA.com

01:56 AM CDT on Tuesday, August 25, 2009
By DEBBIE DENMON / WFAA-TV


OFFICERS VS. TEEN August 25th, 2009Debbie Denmon reports More WFAA Latest News video View larger E-mail clip More video Related links: MORE: Denton County reports
Search Video: FLOWER MOUND - The Texas Rangers are investigating the actions of two Flower Mound police officers during a traffic stop.



An 18-year-old man has accused the officers of pulling him over for no reason as he was heading to his girlfriend's house. Michael Romazewski also said the officers manufactured evidence that led to his arrest and overnight stay in jail.

Dash camera video from the Flower Mound police shows the officers pulling over Romazewski. Officers told him he was being pulled over because his license plate was hard to see.

But, Officer Michael Draut said something else made him suspicious of Romazewski.

"I got a kid who is 18; as soon as I was walking up to the car he started squirting cologne on himself," he said. "He's nervous."

"I sprayed cologne on myself trying to spice myself up for the girlfriend, and he immediately asked to search the car and I said, 'No,'" Romazewski said.

Eventually, Romazewski agreed to allow officers to search. They looked in the trunk and inside the car. Officer Rodney Adam from the K-9 unit also joined the search with a dog.

"Why would he tell me, 'No?'" Draut said. "I don't get this. He really didn't have anything."

Attorney Coby Waddill said that is exactly why he is surprised his teenaged client got arrested.

"What is written in the probable cause affidavit is there was marijuana residue found in a wooden box," Waddill said.

"I knew 100 percent there was nothing ever inside of that box, ever," Romazewski said.

However, he did admit there was a small amount of marijuana seeds in the back seat of the car.

"Take it and put it all in that box," Draut said. "I'm going to hook him up for the paraphernalia."

"That's manufacturing evidence," Waddill said of Draut's actions.

After reviewing the tape, the prosecutor asked the judge to throw out the case since he believes there was no probable cause to think Romazewski committed a crime. A Flower Mound municipal judge agreed and dismissed the case. Now, the teenager and his lawyer want the officers dismissed from the force.

"Officer Draut, the main officer in this who wrote the arrest report and signed the affidavit, he's a field training officer for Flower Mound," Waddill said. "So, if he's training people to do things, how is he training them? That's frightening."

The Flower Mound Police Department released a statement this afternoon saying it requested the Texas Rangers review the case without placing a formal complaint against the officers to ensure no laws were violated. The department said the Texas Rangers concluded the officers did nothing wrong. However, News 8 has yet to confirm the information.

Chief Kenneth Brooker said he has also ordered an internal affairs investigation.

[deputysykes]

Another frivolous lawsuit clogging up our courtrooms... An 18-year old pothead getting ready to piss away mommy and daddy's $$

[Morris]

Sad part is, he will be popped again in the next 12 months.

[Captain America]

Sad part is, he will be popped again in the next 12 months.

He'll just have to keep suing until there are no more coppers to hassle him when he's smoking his weed.

[E-man]

So the cop found marijuana seeds WHICH ARE ILLEGAL and placed them in a box and only charged the kid w/ paraphrenalia? Cop used discretion, he coulda popped him for possession and got the seeds tested. Kudos to the COP

[m.roma]

Good afternoon fellow Officer Resource browsers,
My name is Michael Romaszewski, I am writing in regards to my news story about the dismissal of 2 officers from the Flower Mound Police Department. I came across this thread and thought I should make some points to everyone that has ‘contributed.’ Here is the story in its entirety, from whom it happened to, not how the media skewed it:

• To begin, I was pulled over for my rear license plate lights being out. It was roughly 10 o’clock PM, and with the officer tailing me with his lights on. My plates were not dirty and both rear lights were working and fully emitted a white light on my plates. This was the BS reason to pull a teenager over because FMPD has nothing better to do.

o SUBCHAPTER E. GENERAL LIGHTING REQUIREMENTS FOR VEHICLES
o Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
o § 547.322. TAILLAMPS REQUIRED. (a) Except as provided
by Subsection (b), a motor vehicle, trailer, semitrailer, pole
trailer, or vehicle that is towed at the end of a combination of
vehicles shall be equipped with at least two taillamps.
o (f) A taillamp or a separate lamp shall be constructed and
mounted to emit a white light that:
(1) illuminates the rear license plate; and
(2) makes the plate clearly legible at a distance of 50
feet from the rear.
(g) A taillamp, including a separate lamp used to illuminate
a rear license plate, must emit a light when a headlamp or auxiliary
driving lamp is lighted.

• I never agreed to the search, telling the officer “I know you want to do your job, but I do not consent to any searches of my private property, and in regards to the 4th amendment.” He then told me to step out of the car and wait until the K9 unit arrived.

• I did not spray myself as he walked towards the car, it was minutes prior, and I was on my way to my girlfriend’s house. If he truly thought I had just smoked a joint in my car, why would he not tell dispatch that I had bloodshot eyes or seemed disorientated ?

• I never was rude, defiant, discourteous or anything like this, in any form.

• What they found after roughly an hour of searching with 3 officers and a K9 unit was a stem. There were no seeds like the media stated, it was a stem the size roughly equivalent 1/5 of a penny.

• I sued the city for the dismissal of the case, expungement off my record, and an official review of the officers. I won the case; it was dismissed, expunged, and they were reviewed because they took something that was not illegal and made it so to arrest me against my rights.

• In Texas, if the marijuana is not a consumable amount, it is not illegal, unless it is in a bag or a container, then it is paraphernalia.

o "Why would he tell me, 'No?'" Draut said. "I don't get this. He really didn't have anything."

o "Take it and put it all in that box," Draut said. "I'm going to hook him up for the paraphernalia."

Yeah, I had some weed in the back seat... But you must have planted it in the box.
Yeah, I had a dirty license plate, but you can't stop me for that.
Yeah, I was spraying myself with cologne, but that wasn't to cover up the pot smell.

See aforementioned reference to license plate laws, I had a stem in the glove box, which is not illegal if you were curious on the laws in the state you live in.

Another frivolous lawsuit clogging up our courtrooms... An 18-year old pothead getting ready to piss away mommy and daddy's $$

It was actually worth the >$800 I, not my parents, spent on an attorney because it got a crooked cop under review.

Sad part is, he will be popped again in the next 12 months.

Well, the arrest was on 02/26/09 and it is has been 7 months since. The only that that has happened is harassment from the officers, which I have filed, due to numerous pullovers in front of my own house and on my street for no reasons other than to try to discredit me to save these officers jobs.

He'll just have to keep suing until there are no more coppers to hassle him when he's smoking his weed.

I sued once, and I won. I wasn’t smoking my car. I’m smart about where I do particular hobbies. And you’re right, if anything like this were to happen again, I would sue. The thing is, that if he caught me in the act of smoking a joint as he pulled up, I would have taken full responsibility of my actions and never sued, fact is, he manufactured evidence, violated my rights, and illegally arrested me. Is that what cops are suppose to do nowadays? I didn’t think so.

So the cop found marijuana seeds WHICH ARE ILLEGAL and placed them in a box and only charged the kid w/ paraphernalia? Cop used discretion, he coulda popped him for possession and got the seeds tested. Kudos to the COP

Stated previously, a stem 1/5 the size of a penny, not seeds. Also, not illegal in Texas if it is not a consumable amount of marijuana, I don’t know what the weed is like in Pittsburgh, but a stem isn’t a consumable amount. Kudos to a field training officer doing this;
"Why would he tell me, 'No?'" Draut said. "I don't get this. He really didn't have anything."
"Take it and put it all in that box," Draut said. "I'm going to hook him up for the paraphernalia."
Where I come from, that is dishonest. Maybe that’s just me though.

[luckyme]

Good afternoon fellow Officer Resource browsers,
My name is Michael Romaszewski,

Welcome to the site.

Here is the story in its entirety, from whom it happened to, not how the media skewed it:

While we will all agree that media slants the information, somehow I don't think we're getting the whole story from you either. As they say, there are three sides to each story, yours, the cops, and the truth. Guess which side this site will go with.

• To begin, I was pulled over for my rear license plate lights being out. It was roughly 10 o’clock PM, and with the officer tailing me with his lights on. My plates were not dirty and both rear lights were working and fully emitted a white light on my plates. This was the BS reason to pull a teenager over because FMPD has nothing better to do.

No tag lights is a good stop, anywhere. Whether yours were working or not, the cop said no they weren't.

o SUBCHAPTER E. GENERAL LIGHTING REQUIREMENTS FOR VEHICLES

Thanks for quoting the law to a bunch of cops.

• I never agreed to the search, telling the officer “I know you want to do your job, but I do not consent to any searches of my private property, and in regards to the 4th amendment.” He then told me to step out of the car and wait until the K9 unit arrived.

3 sides. I haven't seen the video, can you hear your answer on it? Was the K9 unit requested or did he come to the stop on his own accord?

I did not spray myself as he walked towards the car, it was minutes prior, and I was on my way to my girlfriend’s house. If he truly thought I had just smoked a joint in my car, why would he not tell dispatch that I had bloodshot eyes or seemed disorientated ?

3 sides again. Why didn't he just key the mic up the entire stop so dispatch could hear it?? He didn't tell dispatch everything because there is no reason. As for myself, if I'm going to request a K9, I tell dispatch the main reason for my suspicion as part of the request (we use a different agencies K9), not all 11tybillon reasons.

• What they found after roughly an hour of searching with 3 officers and a K9 unit was a stem. There were no seeds like the media stated, it was a stem the size roughly equivalent 1/5 of a penny.

This would be the first time I've ever seen the media slant one in favor of the cops. Just sayin.

• I sued the city for the dismissal of the case, expungement off my record, and an official review of the officers. I won the case; it was dismissed, expunged, and they were reviewed because they took something that was not illegal and made it so to arrest me against my rights.

If the cops did something illegal, I don't think you'll find anyone from this site on their side. As a group, this website is actually pretty rough on cops that don't follow the rules. If one does it, it makes us all look bad.

[m.roma]

No tag lights is a good stop, anywhere. Whether yours were working or not, the cop said no they weren't.

In the town of Flower Mound, the police are known for being ruthless to teens for no apparent reason, they lack any real crime to deter or stop.

3 sides. I haven't seen the video, can you hear your answer on it? Was the K9 unit requested or did he come to the stop on his own accord?

From the news video it does not show my response, but I have a copy of the entire dash cam, start to finish, roughly 1:35 in lengthand 1Gb in size. He requested the K9, his reasoning, "I got a kid who is 18; as soon as I was walking up to the car he started squirting cologne on himself," he said. "He's nervous." So because he smelt the cologne and of my age is his reasoning.

This would be the first time I've ever seen the media slant one in favor of the cops. Just sayin.

From the interview with the news station it was simply asked if the marijuana residue was inside the box, which it was not.

If the cops did something illegal, I don't think you'll find anyone from this site on their side. As a group, this website is actually pretty rough on cops that don't follow the rules. If one does it, it makes us all look bad.

Well, in the news video, news story, and the hardcopy of the dash cam you hear my arresting officer say, "Why would he tell me, 'No?'" Draut said. "I don't get this. He really didn't have anything." and "Take it and put it all in that box," Draut said. "I'm going to hook him up for paraphernalia."

Now, you being an officer, would you agree with what a fellow officer, let alone a field trainer officer said and did, with the provided proof? Those two quotes show that; 1) He recognizes and admits to the fact that I had nothing on me nor in my car, and 2)That after finding such a small amount of marijuana, that was not enough or in a proper container to be illegal, he told the narcotics officer to put it in a box, making it paraphernalia, and then arresting me.

[MacLean]

A stem is not "nothing."

Next.

[lewisipso]

Smoking marijuana isn't a hobby genius it's illegal. It isn't the officers fault you're to stoned to vacuum your car clean. Many a traffic stop for a burned out license plate light has led to great cases. And in case you can't read your own quote of the law a burned out license plate light is illegal also. If you weren't so busy being a future ACLU member you might have looked that up.
Apparently you were not satisfied that some liberal judge cried a few tears on your behalf and found the case in your favor now you have to come here and justify yourself further. Well young man things would have been a little different in this area. You would either rat on someone to lower your penalty, pled or have been found guilty. 1st offense would have bagged you a 6 month suspended sentence and 2 years active supervised probation. 2nd offense would have been a felony and you would have been dropped off at our local free motel. Complete with working locking doors that are closed behind you. You know, service with a smile and all.
It never ceases to amaze me at how "the cops" should always be looking for more serious crimes. You are ignorant. Note how I am stopping just short of using stupid. Wipe the snot off your nose and use your time more wisely. You are wrong Junior. And one liberal judge doesn't make you right. It makes you lucky. Mind your P's and Q's here son. You won't find many, if any, birds of a feather here.

[Pudge]

Thread moved to the Holding Cell so our new friend can have something to read in his new home.

[deputysykes]

I think what I find hard to accept, in cases similiar to this, is the failure of people to accept responsibility for their actions. Some might feel that rather than trying to defend the 'innocense' of a stem, one might acknowledge what that stem was once attatched to, how it got there, and how the rest of it was disposed of. Only those in those positions and God know those exact facts. These situations are just difficult to see sometimes for us all. Good luck in your future.

[Dirk]

/ yourself.

[Five-0]

[BigDawg]

First thing is the Police dont need your authorization to have a K9 sniff your vehicle. You can say no all day long and that just makes us more suspicious. Our officers ask permission for a K9, if the person says no then we know they are likely trying to hide something. Again we dont need your permission to do this, you can scream no all day long, you might want to look up that case law from the courts.

Second a stem is nothing, you smoke pot and that is illegal. This is regardless of where you do it or how often you do it, illegal is illegal face the facts.

I suggest that you accept your responsibility in this and be glad that you got off. If that was from from the officers didnt dot their I's and cross theirT's, or because you just got lucky. I doubt that you will be this lucky the next time, and if you continue to break the law there WILL be a next time.

[countybear]

As I initially read this thread, (admittedly after it being moved into the holding cell), I debated as to whether or not I would allow it to continue. I am cautious as to allowing these types of debates regarding a possibly open civil or criminal case to continue on the forums for the concern that they themselves could be used in conjunction with the litigation. We, as the verified law enforcement officers here at OR.com, do have the propensity to often critique work done by our fellows out on the street, and very often become quite animated in our commentary. I find it compelling that someone purporting themselves to be a plaintiff in a civil suit against officers would actually take the time to register here on the forums in order to open a debate regarding the circumstances in a particular case, rather than allow the courts alone to settle the issue. Perhaps your entrance into our realm here is due to youth and vigor, but I remain guarded due to the ambiguous nature of the internet and the frequency of those we consider 'trolls', who will interject themselves for nothing else other than to create a stir, those who would assume a persona for the inane amusement of it, or simply debate for the sake of inciting drama.

As it was the decision of my cohort to allow this to continue, (albeit in the confinement of the holding cell), I'll not subvert that intent and will allow this exchange to continue, however, let us take a moment of pause here:

I believe it is important to remember that while this text is a mere debate for us, it stems (pardon the verbage) from a factual matter wherein a law enforcement officer is being accused of a violation of the civil rights of a citizen, which is perhaps one of the most egregious violations of our sacred oaths as the police. We may debate and jest, however this officer is possibly in peril of losing his livelihood should this young man's allegations be considered merited by the appropriate courts. The plaintiff is suing for his benefit at this point, (being as the criminal case has been dismissed), but the officer is defending his actions at the possible cost of his career, or even his freedom.

Indeed, one of our very mission's elements at OR.com is to promote the exchange of thoughts and ideas between the law enforcement community and the people they serve, and this, thus far, is seemingly doing exactly that. In keeping with this lofty goal, I'll not side here; but instead will moderate closely to ensure that this exchange remains fruitful and in keeping with our mission.

[Captain America]

How come you surfing the internet looking to clear your "good" name at 2:10 am on a week day night? Don't you have to go to work or school in the morning? Maybe that is part of the problem , too much spare time on your hands.

[m.roma]

Many a traffic stop for a burned out license plate light has led to great cases. And in case you can't read your own quote of the law a burned out license plate light is illegal also. If you weren't so busy being a future ACLU member you might have looked that up.

Thing is the I did not have a burnt out license plate light, I know it’s illegal, it was found and was one of the reasons the case was dismissed. The list begins with; unreasonable pull over, lack of a reasonable suspicion of a crime committed, and a few other things. Both of my rear license plate lights were working and fully emitted a clear white light onto my license plate. Which is one of the reasons that everything that was found thereafter was thrown out. Maybe you should have actually read my post thoroughly before trying to discredit what I was saying.

I think what I find hard to accept, in cases similiar to this, is the failure of people to accept responsibility for their actions. Some might feel that rather than trying to defend the 'innocense' of a stem, one might acknowledge what that stem was once attatched to, how it got there, and how the rest of it was disposed of. Only those in those positions and God know those exact facts. These situations are just difficult to see sometimes for us all. Good luck in your future.

Like I have stated previously, I was not smoking in my car, when I smoke I do it in the privacy of my own house. Again, I am repeating myself, if I was caught in the act of smoking, I would not have sued but the officer manufactured evidence. I like how everyone on this forum is disregarding what the officer said and if caught on tape; "Why would he tell me, 'No?'" Draut said. "I don't get this. He really didn't have anything." and "Take it and put it all in that box," Draut said. "I'm going to hook him up for paraphernalia."

First thing is the Police dont need your authorization to have a K9 sniff your vehicle. You can say no all day long and that just makes us more suspicious. Our officers ask permission for a K9, if the person says no then we know they are likely trying to hide something. Again we dont need your permission to do this, you can scream no all day long, you might want to look up that case law from the courts.
Second a stem is nothing, you smoke pot and that is illegal. This is regardless of where you do it or how often you do it, illegal is illegal face the facts.
I suggest that you accept your responsibility in this and be glad that you got off.

I know that the officers do not need authorization to do an exterior olfactory search of my vehicle; I never said that they did. I stated what happened, I denied consent so dogs were called, after an hour of searching they found nothing. Then manufactured evidence and illegally arrested me.
I would take responsibility of my actions if what I had was by law, considered illegal. If I was smoking when he pulled me over and he found my joint, or if the stem was in the box previously, and he did not put it in there. You yourself stated a stem is nothing, which I agree with. In Texas, if it is not an consumable amount, it is not illegal. My arresting officer, a field training officer, took nothing and placed it in a container to make it illegal. That is considered, by law, manufacturing evidence..

I believe it is important to remember that while this text is a mere debate for us, it stems (pardon the verbage) from a factual matter wherein a law enforcement officer is being accused of a violation of the civil rights of a citizen, which is perhaps one of the most egregious violations of our sacred oaths as the police. We may debate and jest, however this officer is possibly in peril of losing his livelihood should this young man's allegations be considered merited by the appropriate courts. The plaintiff is suing for his benefit at this point, (being as the criminal case has been dismissed), but the officer is defending his actions at the possible cost of his career, or even his freedom.

I do believe that my rights were violated, as noted before, my plate lights were fully working and emitted, and the judge/prosecutor saw and agreed that I should not have been pulled over in the first place. Second, I’ll admit that I, myself, smoking marijuana is illegal and should not be done. The fact of the matter is what I had in my car was and is not illegal; it was simply wrong and frowned upon by society.
This lawsuit would not exist if what I had done was illegal. As an officer of the law, they are to obey my rights and follow the law thoroughly.

Was it right to pull me over in the first place? No.
Was it necessary to call the K9? That is in the air.
Essential to take what little they found, which was not illegal, and make it illegal? Absolutely not.

Watching the video repeatedly, I really wonder why this offer did what he did. Also, completely going off assumption, due to my age I believe he never would have thought I would have taken it this far. He probably thought I’d get bailed out of jail and pay the ticket. What he failed to realize is that what he said and did was all caught on tape, and the news, my attorney, and I all have a copy of that.

This is what worries me, if he is so willing to do and say these things to me, as a field training officer, honestly how is he training other officers to act while on duty?

"Why would he tell me, 'No?'" Draut said. "I don't get this. He really didn't have anything." and "Take it and put it all in that box," Draut said. "I'm going to hook him up for paraphernalia."

In my understanding of police officers, what he said and did is not honorable by any means whatsoever. I don't want this officer in jail by any means, I just do not think he should have a badge to continue doing to others, what he did to me.

[Five-0]

Last I checked smoking or possessing marijuana is illegal no matter how small the amount. Why does it matter that you do it in your own home? If I wanted I could call a k9 to every traffic stop I make. So how is it in the air for the officer to call one in your case? You are assuming this officer did all this for a misdemeanor arrest (here anyway) unless you have a history of possession. As a rule I tend to avoid BS paper while working. Is there a reason you can think of as to why he singled you out to abuse/violate?

[m.roma]

Last I checked smoking or possessing marijuana is illegal no matter how small the amount. Why does it matter that you do it in your own home? You are assuming this officer did all this for a misdemeanor arrest (here anyway) unless you have a history of possession. As a rule I tend to avoid BS paper while working. Is there a reason you can think of as to why he singled you out to abuse/violate?

According to my attorneys, the prosecutor, and the judge; in Texas if it is not a consumable amount of marijuana it is not illegal. A stem, by law, is not a consumable amount. However, if the stem were in a bag or a container, it is then defined as paraphernalia. So by him admitting I had nothing illegal in the car, and then telling the narcotics officer to place it in a box to make it paraphernalia, he manufactured evidence and violated my civil rights when he arrested me. Say I had a little nugget of it that would be different, because at that point it IS a consumable amount of marijuana. And for the record, I have no history of any criminal activity whatsoever. This was my first arrest, as well as citation and it has been expunged off my record. The only reason I can think of is that me denying the officer consent to search could be seemed as a challenge of power especially since it was coming from an 18 year old. He is currently under investigation of other arrests and citations, specifically those that relate to drugs and those that relate to those younger in age.