Augusta Sheriff’s investigator sued for alleged Fourth Amendment violations – The Daily Progress

WAYNESBORO A lawsuit was filed Tuesday against an Augusta County Sheriff's investigator accused of violating the constitutional rights of a man charged in Waynesboro with distribution of methamphetamine.

The suit against Sheriff's investigator Michael Roane was filedon Tuesdayby Nexus Caridades, a law firm sponsored by the Verona-based Nexus Services.

The suit says that dating back to 2011, Roane has harassed Loren Varner and more recently violated his Fourth Amendment rights. During a Jan. 11, 2017 search outside of a Waynesboro restaurant, the suit said Varner was forced to empty his pockets and have his body searched by Roane, and a drug dog was used to search Varner's truck. The suit said this occurred after Varner had gone to the restaurant to eat.

According to the suit, a handler of the drug dog slapped Varner's truck, causing the dog to falsely alert on the truck and serve as probable cause for a search of the truck.

The suit said the search of Varner's truck produced no drugs or material related to drugs. Roane asked Varner to submit to a breath analysis, and Varner refused. Varner was not arrested or charged in the Jan. 11 encounter.

The suit seeks damages and attorney fees against Roane for what it calls Fourth Amendment unreasonable search and seizure violations stemming from the search of Varner's truck and the allegedly false drug alert'' of the dog on the man's truck.

The suit also mentions that Varner was charged in connection with a May 6, 2016 incident involving a sting by a drug task force that included Roane.

According to court records, Varner was charged in Waynesboro in 2016 with intent to distribute methamphetamine. The charge carries a 20-year minimum jail sentence upon conviction.

Waynesboro Police Capt. Mike Martin said he found the suspect with nearly two pounds of meth, and arrested him as a result of a joint investigation with Roane. The trial date for Varner is scheduled for Sept. 5.

Nexus CEO Mike Donovan said he hopes the case shines a light on the potential for Fourth Amendment violations by police.

The Fourth Amendment means absolutely nothing if officers believe they can fraudulently manufacture probable cause, Donovan said. This officer has a track record of these type of allegations, and the people of Augusta County deserve better."

Donovan was referring to a second case in which Roane is also a defendant. The federal lawsuit filed in June by Nexus Caridades on behalf of Desiree Watford of Fishersville charges Fourth Amendment and Fourteenth Amendment constitutional violations.

Roane, and a Sheriff's deputy identified as John Doe, are accused of an unlawful seizure and arrest of Watford.

Previously, Roane was a defendant along with Augusta County Sheriff Donald Smith in a $1.2 million federal lawsuit filed by Nexus. That suit, filed by Nexus Services in 2016, charged law enforcement officers with harassing and violating the constitutional rights of Nexus employees, including Donovan. Nexus, however, dropped that lawsuit in March.

Attempts to reach Augusta County Smith about the most recent lawsuiton Wednesdaywere not successful.

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Augusta Sheriff's investigator sued for alleged Fourth Amendment violations - The Daily Progress