The Associated Press
FAYETTEVILLE, Ark. (AP) -- A woman pursuing an illegal search and seizure lawsuit in federal court claims she was pulled over after a police dog in a parked car alerted to drugs in her vehicle as she passed.
Dottie Adams’s suit also claims she was illegally strip-searched in view of passing traffic along a highway in Benton County on Sept. 24, 2000. Her lawsuit in federal court says a search of her truck turned up no evidence of drugs.
The defendants, Bentonville police officer Andy Lee, Deputy Julie Shiers, the city of Bentonville and Benton County have all denied allegations of wrongdoing. Lee and Bentonville are asking that the suit be thrown out for failing to state a claim.
A motion filed in U.S. District Court in Fayetteville on Thursday concedes that another officer, Deputy Ken Shiers, should be dismissed from the lawsuit.
Lee claims he doesn’t remember why he stopped Adams but a report says the vehicle was stopped for speeding. He maintains that no illegal search was conducted.
The suit maintains the traffic stop was a pretext to search for drugs without probable cause, and the excuse given was that a police dog alerted to her vehicle as it passed by.
“Without a valid reason to stop the vehicle, everything that took place afterwards was a violation of the plaintiff’s right to be free from an unreasonable search and seizure,” according to Adams’ response.
She also maintains that Julie Shiers’ search, including allegedly having her bare her breasts and drop her trousers, goes far beyond the scope of a search based merely on reasonable suspicion of drug activity.
Adams also concedes that claims under state law for outrage and invasion of privacy and battery should be dismissed. But a claim for false arrest depends on whether the traffic stop is found to be valid, Adams argues.