On the night of November 17, 2016, as I drove back from Las Vegas to Tucson, where I was staying,…read moreOfficer L. Pollei of the Wickenburg Police Dept, badge #56, pulled me over for a headlight that, unbeknownst to me, was out. I gave him my license and registration. He said they checked out, but he would need a moment to write up a repair order for the broken headlight. He went to his car. When he came back, he asked me if he could search the car because I "seemed nervous." (I later found out this is a common practice of the Wickenburg PD.) I declined the search, as any lawyer would advise. He then said he was calling a canine unit to inspect the car. Officer Gabe Fuentes arrived with his dog, K9 Santos. The dog alerted to the presence of illegal drugs in the car.
The officers searched the car and found 146.5 grams (about 5 oz) of a white crystalline substance: Maldon sea salt, beloved by chefs everywhere. My lawyer thinks the officers field tested the salt and the test came back negative for the presence of illegal drugs since no test was reported. Nevertheless -- with absolutely no evidence I had done anything illegal -- they arrested me, impounded my car, phone, laptop, and other belongings in the car, and booked me into the Fourth Avenue Jail in Phoenix for possession (a level 4 felony) and transporting (a level 2 felony) methamphetamine. Presumably because I had no criminal record, and am an old, highly educated white man, the judge released me the next morning on my own recognizance.
I made my way back to Tucson and spent thousands of dollars to hire a criminal defense attorney to defend me against the State of Arizona for possessing gourmet culinary salt. I endured a very stressful two months. This included receiving a "Notice of Seizure for Forfeiture" of my car and other impounded property from Det. Joe Lahey, badge #67, of the Wickenburg PD. This was an attempt by the Wickenburg PD to take my property, which they could then sell, keeping some or all of the proceeds.
Finally, in early January the State of Arizona tested the substance the Wickenburg PD had identified as meth and determined that it was, in fact, table salt.
At that point, the Wickenburg PD was ordered to return my car, phone, laptop, and all other property in the car. It was my responsibility to travel from Tucson to Wickenburg (a drive of two and a half hours) to retrieve my property. My lawyer advised me to bring someone with me since it would be less likely that the Wickenburg PD would do anything untoward. I had a friend pick me up in Tucson and drive me to Wickenburg. We were met at the police station by Det. Joe Lahey, the same person who had previously been involved in the attempt to seize my property. The meeting was awkward. Det. Lahey seemed to be trying as hard as he could to be nice to me, and had the demeanor of someone who did not want to be sued. But he did not apologize or do anything to indicate that I had been egregiously wronged by the Wickenburg PD.
I retrieved my property, which was more or less intact. But there was still more to do. I had to petition the State of Arizona to expunge the records of the arrest and legal proceedings, even though the State itself had determined I had done nothing illegal. After my lawyer wrote the prosecutor in Maricopa County, and after I paid several hundred dollars to the State, they issued an order clearing me of any wrongdoing and sealing the records.
I badly wanted to sue the Wickenburg PD and the State of Arizona for false arrest, and for pain and suffering, which was considerable. My lawyer referred me to a personal injury lawyer. I described the situation to him. His response was that he saw no basis for a lawsuit, and he said I was lucky I didn't get the crap beaten out of me.
It seems, then, that getting arrested and charged with felonies on the basis of no evidence, and having to pay thousands of dollars to defend oneself, is business as usual for the State of Arizona and the Wickenburg PD.
If I could give the town of Wickenburg less than one star, I would.