'Why do I smell marijuana coming out of here sir?' 'You don't!'

BOISE, Idaho (KBOI) - Dash cam video is now being released of a traffic stop by Idaho State Police back in January of 2013 that is now at the heart of a lawsuit filed in federal court.

Now everyone can see exactly what took place, and why the driver, 69-year-old Darien Roseen, was cited for inattentive/careless driving.

The lawsuit claims that Roseen's rights were violated, and that he was profiled for having license plates from Colorado, where marijuana is legal.

In the video, Trooper Justin Klitch is in his patrol car around milepost 1 of the Eastbound lanes of I-84. After Roseen passes by the trooper pulls out and begins to follow him.

Klitch follows Roseen into a rest stop, but as he noticed the trooper behind him you can see in the video he turns suddenly and drives over a small curb.

Eventually the trooper begins to ask why the man pulled over so suddenly. Later, the questions turned to whether or not Roseen had anything illegal in the car, or had smoked marijuana.

Klitch: "Why are you eyes glassy today?"
Roseen:"I'm sorry?"
Klitch: "Your eyes are glassy. Are you just tired?"
Roseen: "No"

Eventually Trooper Klitch tells Roseen he finds his actions suspicious and continues to question whether or not something is in the car.

Later in the video Roseen lets the trooper search the bed of his truck while professing he has nothing illegal on him. That's when the trooper claims to get his probable cause.

Klitch: "Why do I smell marijuana coming out of here, sir?"
Roseen: "You don't!"
Klitch: "Take a smell."
Roseen: "I smell nothing of the sort."

The trooper claims that was enough probable cause to search the entire truck. Roseen was eventually detained, but not arrested.

An officer from the Fruitland Police Department arrived later and drove the truck to the Payette County Sheriff's Office to have it further searched out of the cold weather.

Roseen was cited, but troopers never found anything illegal in the truck. The lawsuit claims his civil rights were violated.

Raw video of the traffic stop:

Or click here if your browser does not support iframes: Raw video