A Kissimmee couple said Thursday that Seminole County deputies went to
such extremes to prove they had drugs during a 2001 traffic stop that
they pulled down their infant son's diaper so a drug dog could sniff
inside it. An attorney representing Darrell J. Young; his fiancée,
Emerald McNeil; and their son, Da'Mond Young, filed a suit against
Seminole Sheriff Don Eslinger and two of his deputies Thursday in
Circuit Court in Sanford. Claims in the suit include false arrest and
detention, invasion of privacy and intentional infliction of emotional
distress. They are seeking damages in excess of $15,000. Attorney
Howard Marks and his clients contend the couple were stopped because
they are black. "We think it's a pretty clear case of racial
profiling," Marks said. Young said he was driving along East 25th
Street in Sanford, taking his 11/2-year-old son to day care, when he
was stopped by Fagan about 8:30 a.m. Aug. 10, 2001. After about 10 minutes
he ordered everyone out of the car. Before long at least five other
patrol cars arrived and a helicopter was circling overhead. Young said
it was all he could do to keep his cool when the dog sniffed inside his
son's diaper. "He's hollering and screaming," Young said. "I wanted to
get that dog off my boy. They wouldn't let me." The dog also sniffed
under McNeil's dress, the couple said. She was pregnant at the time.
The deputies found no drugs. He said the drug dog was allowed to enter
Young's Land Cruiser and defecated in the vehicle. "You have to have at
least a reasonable suspicion" that there are drugs in the car, or
permission from the owner, before the dog could legally enter the
vehicle, Marks said. There was neither, he said. Young said at one
point an officer pulled his gun and demanded to know where the drugs
were. McNeil said she was threatened with having her son taken
away and turned over to the state Department of Children &
Families. In the end, Young said, he was given a warning for not having
his son in a child seat. He insists there is no way someone in a patrol
car could have seen into his vehicle, which sits high off the road. [more]