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Officer Cleared Of Planting Evidence
Carlos Ferrell Had Said Officer Planted Marijuana On Him After Stop
POSTED: 4:30 pm CST February 21,
2008
UPDATED: 8:25 pm CST February 28,
2008
COOKEVILLE, Tenn. -- A man has admitted to the Tennessee Bureau of Investigation that he had drugs with him the night he was pulled over by Cookeville police.Carlos Ferrell filed a lawsuit last week accusing Cookeville police of “excessive use of force” and “planting contraband" during a domestic assault arrest last year.
Officer Chris Melton was placed on leave with pay because of the incident, and five others are named in the federal lawsuit.
Melton returned to work this week. He also took a polygraph test to clear his name and get back to work.Police car video from the Cookeville Police Department captured the incident that triggered the lawsuit.On the night of June 4, 2007, Ferrell was stopped by police on a domestic assault warrant. According to the lawsuit, Ferrell's ex-wife, Tiffany, saw Ferrell, called police and was involved in the initial chase.Once Ferrell came to a stop, he was ordered out of the car by Melton.“Put your hands up, and get out of the car,” Melton is heard telling Ferrell on the tape.Ferrell, 28, exits the car with his arms raised while Officer Jeff Johnson is holding the department’s police dog. The video shows the dog bite Ferrell several times.Attorney Blair Durham is representing Ferrell.“The dog is released. The dog then chews into Mr. Ferrell's leg where, of course, he goes to the ground,” he said."Your dog just ate my leg off,” Ferrell said on the tape.Durham also accused Melton of planting drugs on Ferrell. In the dash cam video, Melton is seen searching Ferrell's pockets a number of times.Then, Durham said, another officer appears to give a signal with his hand, at which point Melton then reaches into his right pocket and looks into the camera. It’s at that point on the tape that Durham said Melton appears to put drugs in Ferrell's pocket.“Whoa, Carlos, weed? Now you got you another freaking charge, how about that?" Melton told Ferrell in the video.But a Tennessee Bureau of Investigation concluded that Melton was reaching into his pocket to hit a button to make sure the camera in his car was recording the arrest.Acting District Attorney Tony Craighead also pointed out some audio later in the tape where Ferrell can be heard saying to the arresting officers, “Yeah, you found the weed in my pocket."“The TBI's finding is there is no wrongdoing by Officer Melton. The DA's office is not picking sides here,” Craighead said.The night of the stop, Ferrell was charged with evading arrest and possession of marijuana. He has not dropped his lawsuit.“That’s a complete drug plant is what I'm alleging. It’s a complete unlawful search, first of all, and it’s a planting of paraphernalia,” Durham said last week.Cookeville police said they are "completely cooperating with the TBI (Tennessee Bureau of Investigation)." A representative said the department is not trying to hide anything and doesn’t want to look like it is.Police took Ferrell to an area hospital for treatment of his injuries. Durham said Ferrell is no choir boy but that he's never been arrested on violent offenses.According to his record, Ferrell has two DUIs and a previous drug possession charge.
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