Incident report tells ISP trooper’s account of controversial traffic stop, search

Here’s a link to the Idaho State Police incident report on the Jan. 25, 2013 traffic stop in which a 69-year-old Washington man, whose vehicle had Colorado plates – he has a second home in Colorado – was pulled over as he entered Idaho on I-84, detained, and his vehicle extensively searched, as officers insisted he must have marijuana. Nothing illegal was found and Darien Roseen eventually was released. ISP released the report today pursuant to a request under the Idaho Public Records Law; the agency has not yet responded to a federal lawsuit over the incident.

In the report, ISP Trooper Justin Klitch wrote that he observed that Roseen’s eyes were glassy and “his hands were shaking uncontrollably as if he were extremely nervous.” He wrote, “I informed Roseen his behavior was consistent with someone who had illegal items in their vehicle.” He told Roseen he planned to call for a drug dog, and “he indicated that was fine and that I wouldn’t find anything.” Then, after Klitch urged Roseen to open a sub-trunk compartment under his pickup truck’s bed – because the officer knew “from prior experience” that the Honda Ridgeline truck had such a compartment – Roseen eventually agreed. Klitch said at that point he smelled the odor of marijuana.

The lawsuit says no one else smelled such an odor, and it was raining, windy and snowy at the time. The incident report says when Klitch told Roseen he smelled an odor of marijuana, Roseen “acted as if he were shocked.” No marijuana was found.