To the Editors:

This is my response to the letter last week from Mr. Jared Glenn. I would like to provide all the facts related to that traffic stop.

On November 25, 2003, at 1:10 a.m., Sgt. Kevin Scalli, in uniform and in a marked police cruiser, was northbound on South Main St. approaching College St.

Ptl. Roger Southworth, in uniform and in a marked police cruiser, was southbound on North Main St. behind the vehicle operated by Mr. Andrew Estep. Mr. Jared Glenn was a passenger in Mr. Estep’s vehicle.

Both officers say that northbound and southbound traffic had a green light. Mr. Estep turned left (heading eastbound on East College St.) directly in front Sgt. Scalli, almost causing an accident. Sgt. Scalli had the right-of-way.

Sgt. Scalli initiated a traffic stop, Mr. Estep pulling over in front of the Apollo. Sgt. Scalli parked behind, and then Ptl. Southworth behind him. Sgt. Scalli said that because of Mr. Estep’s driving actions, cutting directly in front of him, he suspected that the driver might be impaired.

I agree with Sgt. Scalli. My experience is that most people drive very carefully when in front of the police. My first inclination would also be an impaired driver.

Sgt. Scalli made contact with Mr. Estep and explained the reason for the stop. Sgt. Scalli deployed our canine, Igor. Sgt. Scalli, our canine officer, does so routinely as part of his regular traffic patrol.

Igor was walked once quickly around Mr. Estep’s vehicle, and then a second time more slowly. Igor twice indicated for drugs at the right rear door. Igor indicates for marijuana, cocaine, barbiturates and pharmaceuticals (such as oxycontin, Tylenol 3 with codeine, etc).

It’s the same indication signal regardless of the drug smelled by Igor.

Sgt. Scalli asked Mr. Estep to step out of the car. Sgt. Scalli explained to Mr. Estep that Igor indicated for drugs and that he would be checking his car. Mr. Estep says okay. Mr. Estep is patted down (occupants can be patted down for officer safety [U.S. Supreme Court ruling]) and placed in the front seat of Sgt. Scalli’s cruiser.

Mr. Glenn is informed of what is going on, removed from the front passenger seat by Sgt. Scalli, patted down and allowed to resume his seat in Mr. Estep’s vehicle.

Sgt. Scalli’s usual protocol is to remove all vehicle occupants and then have the occupants sit on the curb while the canine was deployed.

Due to the very cold weather on the night of this stop, 20 degrees and very windy, Sgt. Scalli had Mr. Estep sit in his cruiser and had Mr. Glenn remain in the stopped vehicle.

During all these events, Ptl. Southworth does not make contact with either Mr. Estep or Mr. Glenn.

Sgt. Scalli completes his search and discovers no contraband. Sgt. Scalli questions Mr. Estep if he would know why Igor indicated for drugs. Mr. Estep replies that he is taking medication for an injury he incurred while playing for Oberlin College sports.

Igor will indicate for residual smells. If a controlled substance is transported in a vehicle, Igor will detect the residual smell even if the container is later removed.

Sgt. Scalli issues the Failure to Yield citation to Mr. Estep. He signs the citation, returns to his vehicle and drives from the area.

From my dispatcher’s radio log:

Initial stop time 1:10 a.m.
Driving status check 1:15 a.m.
Sgt. Scalli returns to service 1:33 a.m.
Total time of the stop 23 minutes (not 45 minutes as stated by Mr. Glenn).

The initial traffic stop was clearly justified, being an accident-causing violation, witnessed by both Sgt. Scalli and Ptl. Southworth, as well as acknowledged by vehicle operator Andrew Estep at the time of the stop.

Mr. Estep later waives the traffic ticket, which is an admission of guilt.

Andrew Estep is a white male, Jared Glenn a black male.

Sgt. Scalli’s assignment is to use Igor for drug detection. Sgt. Scalli’s walk around Mr. Estep’s vehicle was proper.

The police officers were performing their assigned duties, were in a public place, they made a legally justified traffic stop and there was minimal inconvenience in the two or three minutes Igor was walked around Mr. Estep’s car.

U.S. Supreme Court cases allow all these police actions. Our city rules and regulations allow all these actions.

Mr. Estep and Mr. Glenn were both removed from the vehicle and patted down. Occupants can be removed from a lawfully stopped vehicle (U.S. Supreme Court ruling). Mr. Estep and Mr. Glenn were shown extra consideration by being allowed to remain in warm vehicles.

Mr. Estep was placed in the front seat of Sgt. Scalli’s cruiser while Mr. Glenn was left in the stopped vehicle. Neither Mr. Estep nor Mr. Glenn were handcuffed or secured.

Igor did indicate for drugs. By Supreme Court rulings, a certified drug dog establishes probable cause for police to search. Igor is certified by Ohio Peace Officer Training Council standards. Igor and Sgt. Scalli train weekly.

Sgt. Scalli did a cursory search of the vehicle. Sgt. Scalli could have done a more detailed search of the vehicle, but did not.

Should police discover contraband in a common area in a vehicle, any or all the occupants are subject to arrest (U.S. Supreme Court ruling). Sgt. Scalli spent a few minutes questioning Mr. Estep and Mr. Glenn. That’s part of his drug investigation.

Of course he’s going to question the people present. None of his questioning was improper. Shouldn’t the police give a person the opportunity to explain? This is exactly what Sgt. Scalli did.

Mr. Estep gave a reasonable explanation and Sgt. Scalli concluded the matter.

Mr. Estep was issued a traffic citation and left the scene.

At no time did either Sgt. Scalli or Ptl. Southworth threaten, intimidate or use improper or unlawful tactics. I will again emphasize:

Igor indicated for drugs. That establishes the right by police to search. A vehicle is an exception to the search warrant requirement (U.S. Supreme Court ruling).

The police have the obligation to investigate drug possession. They did so by first searching the car.

As long as the time period taken to do this is not unreasonable, it is permissible. Total time on this stop, 23 minutes.

I would say Sgt. Scalli made the stop, searched the car and interviewed both driver and passenger in a very short period of time.

Everything done by my officers was by department rules and regulations, according to Ohio Peace Officer Training Council standards and supported by U.S. Supreme Court decisions.

In fact, they even showed more consideration than they had to. They could have detained both men in the rear seat of Ptl. Southworth’s cruiser until the vehicle search was complete. They had the legal right to do so.

Instead, they let Mr. Estep sit in a warm, unlocked police cruiser and Mr. Glenn sit in a warm, unlocked car.

Sgt. Scalli and Igor have done many stops and searches like this before. I myself witnessed Sgt. Scalli do these sorts of stops. I have never had to speak to him about any policy violation. Mr. Glenn’s complaint is unsubstantiated.

Michael D. Moorman
Chief of Police