Man sues ISP, says trooper pulled him over due to Colorado plates

BOISE, Idaho (KBOI) -- A Wash. state man is suing three police agencies, including Idaho State Police, after he says he was unlawfully pulled over because he was driving a vehicle with Colorado license plates.

According to the lawsuit, Darien Roseen, is suing Idaho State Police, Fruitland Police and the Payette County Sheriff's Office.

Roseen was pulled over in Payette County on Interstate-84 on Jan. 25, 2013 as he drove into Idaho from Oregon.

The lawsuit claims ISP Trooper Justin Klitch accused Roseen, who lives in Washington and Colorado, of having marijuana inside his vehicle. | Read the Lawsuit

Roseen declined a vehicle search by ISP but claimed to have diapers and other presents from his daughter's recent baby shower. The trooper, however, according to the lawsuit, claimed he could smell the odor of marijuana and placed Roseen in the back of his patrol vehicle.

He was taken to the Payette County Sheriff's Office where he was issued a citation for inattentive and careless driving. The lawsuit claims nothing illegal was ever found in his vehicle.

Idaho State Police says it's investigating the incident.

"We would like to assure the citizens of Idaho and the visitors to our state that the Idaho State Police holds all of its employees to a high standard which includes following the Constitution of the United States and the laws and constitution of the State of Idaho," the statement reads.

"The allegations made by Mr. Roseen are now a pending legal matter, as well as, the subject of an internal investigation. Therefore, ISP will not be able to comment on the allegations or the facts of this specific incident until the matter is resolved."

Stay tuned for details.