Hemp shop CEO who claims he was unlawfully searched files lawsuit against Police Department
A Hamilton County man is suing the Chattanooga Police Department after he claims he was pulled over and unlawfully searched for weed.
According to the lawsuit, Nikolas Shipley was driving down Broad Street when he was pulled over for a window tint violation.
The lawsuit says Shipley was not cited for the violation, but an officer allegedly smelled weed and searched his car.
According to the Chattanooga Police Department's policy, there was probable cause to search the car.
The following is CPD's policy for vehicle searches:
IV. PROCEDURES FOR VEHICLE SEARCHES [1.2.4] A. When Vehicle Searches May Be Conducted Whenever feasible, a warrant shall be obtained for the search of a motor vehicle. Warrantless searches are to be conducted only when lack of time or other exigencies make it impractical for officers to obtain a warrant. When a vehicle has broken down, or there is otherwise no significant chance the vehicle shall be driven away or that evidence contained within it shall be removed or destroyed, the vehicle should be searched only after a warrant has been obtained. In other cases, vehicles may be searched:
1. when probable cause to search the vehicle exists;
2. with consent of the operator;
3. incident to an arrest of the occupants of the vehicle;
4. to sweep for weapons;
5. when necessary to examine the vehicle identification number or to determine the ownership of the vehicle; or
6. under emergency circumstances not otherwise enumerated above.
The lawsuit claims an unknown officer arrived with a K-9 but the dog did not respond to any weed.
The suit alleges Shipley informed officers he was the CEO of Happy Hemp Farmacy and there was no weed in the car. The passenger in the car was searched and charged with possession of illegal substance but that charged was later dismissed. After searching the car officers found several hemp infused edibles and took Shipley's gun.
Hemp is defined as the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a THC concentration of no more than .3 percent on a dry weight basis. Tennessee law complies with the federal counterpart.
According to the lawsuit: Chattanooga has a legal obligation to properly train its law enforcement officers. As federal and state laws change and evolve, Chattanooga has to ensure its law enforcement officers, under the color of law, police its citizenry in a constitutionally appropriate manner. Chattanooga has been on notice in the change of laws regarding the legality of possessing hemp and certain hemp-derived products. New laws passed by the United States Congress and the Tennessee General Assembly are publicly posted for all citizens to read. If it desires, Chattanooga can choose to ignore new laws and how such laws effect police power. However, Chattanooga and its law enforcement officers are still obligated to police citizens under current law.
Chattanooga failed to properly train its law enforcement officers about changes in the law which allow citizens to possess hemp and hemp-derived products. Chattanooga failed to properly train its law enforcement officers on how to differentiate the odors of hemp and marijuana.
Shipley was given a citation to appear in court and if he didn't there would be a warrant for his arrest. When Shipley showed up, he says he couldn't be booked because the citation was lost or never turned in. Per the lawsuit Shipley went to retrieve his items that were taken by officers. His gun was returned but he says he was told the edibles were never turned in by officers. Below is CPD'S policy as it relates to returning property that was taken during a search.
G. Seizure of Evidence Any property and/or evidentiary items discovered in the course of a motor vehicle search shall be collected, handled, packaged, marked, transported and stored in accordance with OPS-17 Property. Where appropriate and feasible, itemized receipts for seized property shall be given to the owner and/or occupants of the vehicle.
Local 3 News reached out the Chattanooga Police Department for comment on Tuesday but we were deferred to the city attorney who has not replied to us at this time.
