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Iowa man sues after passing sobriety tests and being arrested for OWI

cigaretteman

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May 29, 2001
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The city of Winterset is being sued for arresting a man on an intoxicated driving charge after he passed field sobriety tests, two blood-alcohol tests and a drug screen.
Ryan P. Elgin, 42, of Adair County is suing the City of Winterset and Winterset Police Officer Logan Camp for false arrest, unreasonable seizure and common law negligence. The lawsuit, filed in U.S. District Court for the Southern District of Iowa, is seeking unspecified damages.
Elgin alleges that he was driving through Winterset shortly after 9 p.m. on Oct. 15, 2022, along with a woman, Becky Oltmann, and Oltmann’s child, when he was pulled over by Camp.




The lawsuit claims Camp did not observe any traffic violations and or equipment violations that would have justified the stop. Elgin submitted to standardized field sobriety tests, such as the horizontal gaze test, the walk-and-turn test and the one-legged stand test, and allegedly displayed no signs of intoxication.


Elgin then submitted to a preliminary breath test which indicated a blood-alcohol concentration of .047, well below the legal limit of .08. Camp then detained Elgin for the purpose of conducting additional testing at the Madison County Law Enforcement Center. While there, Elgin consented to a second breath test which indicated a blood-alcohol level of .037, the lawsuit claims.

Camp then asked Elgin to provide a urine sample for a drug screen. Elgin complied and was released from custody shortly before 11 p.m. Police records indicate that within an hour, and before the results of the urine test were known, Camp notified the Iowa Department of Human Services of the potential child-endangerment charge, and the state agency initiated an investigation.


Two months later, the Iowa Division of Criminal Investigation’s laboratory reported that a chemical analysis of Elgin’s urine showed the presence of Citalopram, a drug used to treat depression, which was consistent with Elgin’s admitted use of the physician-prescribed medication. The report indicated there were no controlled substances in Elgin’s urine.

Police records show that after consulting with his supervisor, Camp obtained an arrest warrant for Elgin on charges of operating a vehicle while under the influence (OWI) and child endangerment. According to the lawsuit, Camp then informed the Iowa Department of Transportation that Elgin had tested positive Schedule I or Schedule II controlled substances, and the DOT initiated a license-suspension proceeding seeking to revoke Elgin’s driving privileges for one year.


In April 2023, the criminal charges were dismissed by county prosecutors. Because court records related to the case have been expunged, there is no public record detailing the position of county prosecutors in dismissing the matter.
The city’s arrest report confirms the test results as described in the lawsuit, but the police report also states that Camp believed Elgin smelled strongly of alcohol and that Elgin displayed “clues of intoxication” prior to his arrest. The report states that in December 2022, when Camp called Elgin to inform him of his impending arrest, Elgin “responded by laughing and saying, ‘Good luck,’ ” before hanging up and turning himself in.

Camp and the city have yet to file a response to the lawsuit.

The city of Winterset is being sued for arresting a man on an intoxicated driving charge after he passed field sobriety tests, two blood-alcohol tests and a drug screen.
Ryan P. Elgin, 42, of Adair County is suing the City of Winterset and Winterset Police Officer Logan Camp for false arrest, unreasonable seizure and common law negligence. The lawsuit, filed in U.S. District Court for the Southern District of Iowa, is seeking unspecified damages.
Elgin alleges that he was driving through Winterset shortly after 9 p.m. on Oct. 15, 2022, along with a woman, Becky Oltmann, and Oltmann’s child, when he was pulled over by Camp.




The lawsuit claims Camp did not observe any traffic violations and or equipment violations that would have justified the stop. Elgin submitted to standardized field sobriety tests, such as the horizontal gaze test, the walk-and-turn test and the one-legged stand test, and allegedly displayed no signs of intoxication.

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Elgin then submitted to a preliminary breath test which indicated a blood-alcohol concentration of .047, well below the legal limit of .08. Camp then detained Elgin for the purpose of conducting additional testing at the Madison County Law Enforcement Center. While there, Elgin consented to a second breath test which indicated a blood-alcohol level of .037, the lawsuit claims.

Camp then asked Elgin to provide a urine sample for a drug screen. Elgin complied and was released from custody shortly before 11 p.m. Police records indicate that within an hour, and before the results of the urine test were known, Camp notified the Iowa Department of Human Services of the potential child-endangerment charge, and the state agency initiated an investigation.


Two months later, the Iowa Division of Criminal Investigation’s laboratory reported that a chemical analysis of Elgin’s urine showed the presence of Citalopram, a drug used to treat depression, which was consistent with Elgin’s admitted use of the physician-prescribed medication. The report indicated there were no controlled substances in Elgin’s urine.

Police records show that after consulting with his supervisor, Camp obtained an arrest warrant for Elgin on charges of operating a vehicle while under the influence (OWI) and child endangerment. According to the lawsuit, Camp then informed the Iowa Department of Transportation that Elgin had tested positive Schedule I or Schedule II controlled substances, and the DOT initiated a license-suspension proceeding seeking to revoke Elgin’s driving privileges for one year.


In April 2023, the criminal charges were dismissed by county prosecutors. Because court records related to the case have been expunged, there is no public record detailing the position of county prosecutors in dismissing the matter.
The city’s arrest report confirms the test results as described in the lawsuit, but the police report also states that Camp believed Elgin smelled strongly of alcohol and that Elgin displayed “clues of intoxication” prior to his arrest. The report states that in December 2022, when Camp called Elgin to inform him of his impending arrest, Elgin “responded by laughing and saying, ‘Good luck,’ ” before hanging up and turning himself in.

Camp and the city have yet to file a response to the lawsuit.
 
Would love to see the details of the consultation between the officer and his supervisor. Only thing I can think of is the guy falsely arrested looked messed up or scruffy. Same with the women he was driving with and the cop decided to assume eventually he’d find something on him.

OR

The Cop has some serious issues and didn’t think the man respected his AUTHORITY.
 
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Would love to see the details of the consultation between the officer and his supervisor. Only thing I can think of is the guy falsely arrested looked messed up or scruffy. Same with the women he was driving with and the cop decided to assume eventually he’d find something on him.

OR

The Cop has some serious issues and didn’t think the man respected his AUTHORITY.
No kidding. So his breath test is under the legal limit, he passed all of the field sobriety tests, his urine test showed only the presence of his prescribed medication?? yep, arrest him? That doesn't add up for me.
 
Would love to see the details of the consultation between the officer and his supervisor. Only thing I can think of is the guy falsely arrested looked messed up or scruffy. Same with the women he was driving with and the cop decided to assume eventually he’d find something on him.

OR

The Cop has some serious issues and didn’t think the man respected his AUTHORITY.
I was thinking maybe the cop had a thing for the lady in the car.
 
The city of Winterset is being sued for arresting a man on an intoxicated driving charge after he passed field sobriety tests, two blood-alcohol tests and a drug screen.
Ryan P. Elgin, 42, of Adair County is suing the City of Winterset and Winterset Police Officer Logan Camp for false arrest, unreasonable seizure and common law negligence. The lawsuit, filed in U.S. District Court for the Southern District of Iowa, is seeking unspecified damages.
Elgin alleges that he was driving through Winterset shortly after 9 p.m. on Oct. 15, 2022, along with a woman, Becky Oltmann, and Oltmann’s child, when he was pulled over by Camp.




The lawsuit claims Camp did not observe any traffic violations and or equipment violations that would have justified the stop. Elgin submitted to standardized field sobriety tests, such as the horizontal gaze test, the walk-and-turn test and the one-legged stand test, and allegedly displayed no signs of intoxication.


Elgin then submitted to a preliminary breath test which indicated a blood-alcohol concentration of .047, well below the legal limit of .08. Camp then detained Elgin for the purpose of conducting additional testing at the Madison County Law Enforcement Center. While there, Elgin consented to a second breath test which indicated a blood-alcohol level of .037, the lawsuit claims.

Camp then asked Elgin to provide a urine sample for a drug screen. Elgin complied and was released from custody shortly before 11 p.m. Police records indicate that within an hour, and before the results of the urine test were known, Camp notified the Iowa Department of Human Services of the potential child-endangerment charge, and the state agency initiated an investigation.


Two months later, the Iowa Division of Criminal Investigation’s laboratory reported that a chemical analysis of Elgin’s urine showed the presence of Citalopram, a drug used to treat depression, which was consistent with Elgin’s admitted use of the physician-prescribed medication. The report indicated there were no controlled substances in Elgin’s urine.

Police records show that after consulting with his supervisor, Camp obtained an arrest warrant for Elgin on charges of operating a vehicle while under the influence (OWI) and child endangerment. According to the lawsuit, Camp then informed the Iowa Department of Transportation that Elgin had tested positive Schedule I or Schedule II controlled substances, and the DOT initiated a license-suspension proceeding seeking to revoke Elgin’s driving privileges for one year.


In April 2023, the criminal charges were dismissed by county prosecutors. Because court records related to the case have been expunged, there is no public record detailing the position of county prosecutors in dismissing the matter.
The city’s arrest report confirms the test results as described in the lawsuit, but the police report also states that Camp believed Elgin smelled strongly of alcohol and that Elgin displayed “clues of intoxication” prior to his arrest. The report states that in December 2022, when Camp called Elgin to inform him of his impending arrest, Elgin “responded by laughing and saying, ‘Good luck,’ ” before hanging up and turning himself in.

Camp and the city have yet to file a response to the lawsuit.

The city of Winterset is being sued for arresting a man on an intoxicated driving charge after he passed field sobriety tests, two blood-alcohol tests and a drug screen.
Ryan P. Elgin, 42, of Adair County is suing the City of Winterset and Winterset Police Officer Logan Camp for false arrest, unreasonable seizure and common law negligence. The lawsuit, filed in U.S. District Court for the Southern District of Iowa, is seeking unspecified damages.
Elgin alleges that he was driving through Winterset shortly after 9 p.m. on Oct. 15, 2022, along with a woman, Becky Oltmann, and Oltmann’s child, when he was pulled over by Camp.




The lawsuit claims Camp did not observe any traffic violations and or equipment violations that would have justified the stop. Elgin submitted to standardized field sobriety tests, such as the horizontal gaze test, the walk-and-turn test and the one-legged stand test, and allegedly displayed no signs of intoxication.

People are also reading…​




Elgin then submitted to a preliminary breath test which indicated a blood-alcohol concentration of .047, well below the legal limit of .08. Camp then detained Elgin for the purpose of conducting additional testing at the Madison County Law Enforcement Center. While there, Elgin consented to a second breath test which indicated a blood-alcohol level of .037, the lawsuit claims.

Camp then asked Elgin to provide a urine sample for a drug screen. Elgin complied and was released from custody shortly before 11 p.m. Police records indicate that within an hour, and before the results of the urine test were known, Camp notified the Iowa Department of Human Services of the potential child-endangerment charge, and the state agency initiated an investigation.


Two months later, the Iowa Division of Criminal Investigation’s laboratory reported that a chemical analysis of Elgin’s urine showed the presence of Citalopram, a drug used to treat depression, which was consistent with Elgin’s admitted use of the physician-prescribed medication. The report indicated there were no controlled substances in Elgin’s urine.

Police records show that after consulting with his supervisor, Camp obtained an arrest warrant for Elgin on charges of operating a vehicle while under the influence (OWI) and child endangerment. According to the lawsuit, Camp then informed the Iowa Department of Transportation that Elgin had tested positive Schedule I or Schedule II controlled substances, and the DOT initiated a license-suspension proceeding seeking to revoke Elgin’s driving privileges for one year.


In April 2023, the criminal charges were dismissed by county prosecutors. Because court records related to the case have been expunged, there is no public record detailing the position of county prosecutors in dismissing the matter.
The city’s arrest report confirms the test results as described in the lawsuit, but the police report also states that Camp believed Elgin smelled strongly of alcohol and that Elgin displayed “clues of intoxication” prior to his arrest. The report states that in December 2022, when Camp called Elgin to inform him of his impending arrest, Elgin “responded by laughing and saying, ‘Good luck,’ ” before hanging up and turning himself in.

Camp and the city have yet to file a response to the lawsuit.
Ciss or Torbs?
 
No mention of the judge that approved the warrant.

Judge likely went on the probable cause listed in the officers report/statement without ever getting to review the details.

In cases like this if the officer and his supervisor realized he screwed up and arrested him, they try to find other charges to get to stick which is why you see weird charges filed after the initial arrest is over. Once the initial charges get dismissed, it opens the city, police and the officer to litigation.
 
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Look at the marxist cop haters come out of the woodwork! Glad the little sisters of the left have all the facts!!
 
the police report also states that Camp believed Elgin smelled strongly of alcohol and that Elgin displayed “clues of intoxication”
Ah, yes... unfortunately the police don't have the moral high ground to be believed. It's proven time and time again that they lie to protect themselves. And, lie for each other.
 
I agree with Joes Place that the pension fund should be on the hook for damages.

I also think Camp should face whatever the criminal penalties would have been for Elgin. I'm glad the arrest was expunged. Just being arrested, even without a conviction, can cause a person issues later, like with security clearances.

It's a good idea, but good luck getting this past the police unions.
 
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Nice payday for the guy, except the taxpayers are paying whatever settlement.

Hopefully this officer doesn't get qualified immunity and gets sued personally.
Bullshit...”deepest pockets”...the City is squarely on the hook here...that is why they have insurance.
Every Small town in Iowa has one of these Barney Fife dickheads, too. It’s a shame because most of the small town cops have it figured out. But, it only takes one...
 
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Does immunity protect the officer and the city?
Qualified immunity protects police officers from liability for violating rights that are not clearly established at the time of the alleged misconduct. Here, a person has a clearly established right under the 4th amendment not to be arrested without probale cause.

Here, not only is probable cause absent, but the scientic evidence proves he was innocent.

Absolutely no qualified immunity here.
 
No mention of the judge that approved the warrant.

Police records show that after consulting with his supervisor, Camp obtained an arrest warrant for Elgin on charges of operating a vehicle while under the influence (OWI) and child endangerment. According to the lawsuit, Camp then informed the Iowa Department of Transportation that Elgin had tested positive Schedule I or Schedule II controlled substances, and the DOT initiated a license-suspension proceeding seeking to revoke Elgin’s driving privileges for one year.

I don't know but considering it sounds like he lied to the Iowa DOT, it's not a stretch to think he liked on the affidavit to the judge as well.

Which if he did he should do time for perjury.
 
I can’t find it right now but citalopram is celexa and is an SSRI. It isn’t even a controlled substance, let alone a schedule 1 or 2 controlled substance. Unless I’m reading this wrong. Schedule 1 drugs are those with no approved medical use. Schedule 2 drugs are very high abuse potential drugs. SSRIs don’t fit into either of those categories.
 
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Good for him. 99.9% of cops are great. Unfortunately he hooked up with a bad one.

I had a crazy cop in Iowa City rip my door panels off in a stop for no reason other than I was a kid driving a nicer car. The other cop that was with him was just shaking his head the whole time.

When he was walking back to his car I was able to see the damage he had done and he laughed and said "Take it up with the City".

A couple weeks later he was dragged down I-80 by a murder suspect. Broke his arms. Karma and stuff.
 
Good for him. 99.9% of cops are great. Unfortunately he hooked up with a bad one.

I had a crazy cop in Iowa City rip my door panels off in a stop for no reason other than I was a kid driving a nicer car. The other cop that was with him was just shaking his head the whole time.

When he was walking back to his car I was able to see the damage he had done and he laughed and said "Take it up with the City".

A couple weeks later he was dragged down I-80 by a murder suspect. Broke his arms. Karma and stuff.
I doubt 99.9% of cops are great. I'd like to think most are, but it takes no more than going to the LEO Affairs forum to realize a lot of LEO's have disdain for the public, and they aren't even shy about it.
 
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