By Myrna Trauntvein
Times-News Correspondent
A federal jury has ruled in favor of a former UHP Trooper
accused of illegally searching and arresting a couple for
drugs during a routine traffic stop. Charles Kohagen and
Judy Pessetto filed a $400,000 civil rights lawsuit against
Trooper Ryan Nichols, now a Juab County Deputy Sheriff.
The case arose out of a routine traffic stop for speeding
on I-15 near Nephi in January of 1998. After Trooper Nichols
detected the odor of burnt marijuana on Pessetto's driver's
license, he searched their vehicle and found a burnt
marijuana joint. The trooper testified Kohagen threatened
him and Pessetto threw the joint into the weeds and it was
never found. Both motorists were arrested on several charges
including possession of marijuana. The criminal charges were
later dismissed after the county attorney failed to
prosecute the case in a timely manner.
The motorists claimed in their civil lawsuit that they
were not smoking marijuana and therefore the trooper did not
have probable cause to search their vehicle or arrest them.
After a three-day trial, a unanimous 12-person federal jury
found in favor of Trooper Nichols.
"This was a classic case of 'Who's telling the truth?'"
said Assistant Attorney General Dan R. Larsen, who
successfully defended the lawsuit along with Peter L.
Rognlie. "The plaintiffs' story and the trooper's testimony
were diametrically opposed. After the evidence was
presented, the jury believed the trooper."
The Litigation Division of the Attorney General's Office
defends state agencies, school districts and their employees
in civil lawsuits seeking money damages. "Even though the
trooper was absolved of wrongdoing, it is expensive and time
consuming to defend lawsuits such as this one," said Larsen.
The Attorney General's Office intends to seek a judgment
against these plaintiffs for the costs of defending the
lawsuit and to deter other frivolous lawsuits.
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