A Pennsylvania man asked a judge Monday to force state police to return $30,000 and two cellphones that he said were illegally taken during a traffic stop in Center County.
Wendell Green, of Westmoreland County, claims cash and an iPhone were confiscated after police conducted a K-9 search of his rental car during a traffic stop on Interstate 99 in August, although no drugs or guns were found and he was not charged with a crime.
A spokesman for the Pennsylvania State Police declined to comment Wednesday, saying in an email that the agency does not comment on pending litigation.
An officer told Green he was pulled over for following a vehicle too closely and not turning on his driving lights in a work zone, documents state. Green said the officer told him he just wanted to give him a warning.
But the officer then asked Green about his travel plans and rental agreement before asking for Green’s consent to search the vehicle, according to Green’s attorney. Green denies it.
Attorney Julian Arate said in the filing that Green was detained by police for approximately 30 to 40 minutes while waiting for the K-9 to arrive. The dog eventually noticed a book bag in the trunk, where Green said he kept the money.
He claimed in the document that the traffic jam did not make it possible for police to seize money or cellphones. The cause of the seizure remains “completely unknown,” Alat wrote.
In a separate court filing Tuesday, Alat said the officer’s additional questioning immediately exceeded the “permissible scope of the intercept.”
“There is a clear line drawn between informing Mr. Green that he must wait for a K9 unit, as Mr. Green is being held for a routine traffic violation, and a second/subsequent holding of Mr. Green for a separate investigation that goes well beyond the scope of a routine traffic stop,” Allat wrote.
As of Tuesday afternoon, a Center County judge had not yet been appointed.