Question about court security scan of wallet resulted in trespass arrest, lawyer says in lawsuit
A California lawyer has filed suit against the Fresno County sheriff and two deputies, contending that asking a question about an apparent new courthouse policy of scanning wallets led to his arrest on a baseless trespassing charge.
Harry Drandell says in the superior court suit he filed Wednesday that he complied with ordinary security measures July 30, 2014, by providing his belt, keys, cellphone and files for screening. But, when asked to put his wallet through, too, he asked if there was written documentation of the apparent new policy. The deputy replied, “Have your administrator talk to my administrator.”
Then, when Drandell went to get a container to put his wallet in for the security check, he was told to leave the courthouse because he was trespassing. Drandell explained he was supposed to represent a client in court. At that point, his suit alleges, deputies grabbed him and threw him onto the security machine conveyor, with his face “smashed” against the metal rollers, reports Courthouse News.
County officials and the sheriff’s department declined to comment on the lawsuit. However, in a written statement issued at the time of the incident, the Fresno County sheriff’s office said Drandell had refused to follow security protocol, was angry and initiated a verbal disturbance.
“When it was apparent he was not going to calm down, he was ordered to leave the building,” the statement said. “Drandell refused to leave the courthouse whereupon deputies ordered him several more times to leave. When he continued to refuse, deputies attempted to escort him out of the building. Drandell resisted and a struggle ensued, resulting in his arrest.”
In addition to being seated in a chair in a public area for all to see after his arrest, Drandell was publicly humiliated by having his mug shot posted on a sheriff’s department website for more than two weeks, says his lawyer, Jacob Weisberg.
The claimed trespass offense, which was never prosecuted, was a legal impossibility, Weisberg told Courthouse News, because Drandell entered the building with permission.
“There are some things about this case that are very problematic,” Weisberg continued. “They have a camera that films everyone going in the court, but they claim that somehow it wasn’t working that day. So they illegally arrest him for trespass, claim the camera wasn’t working, and then put him on the front of the website for 16 consecutive days. There’s something not right here.”
Related coverage:
ABAJournal.com: “Lawyer arrested after courthouse security dispute”
