By
ROSE BOUBOUSHIAN
(CN) - A cop accused of falsely arresting
rapper Meek Mill over a supposed pot odor cannot exclude evidence of prior
unwarranted searches based on similar "smells," a federal judge
ruled.
Robert Williams, known professionally as
Meek Mill, said he was driving a Range Rover SUV in Philadelphia when police
officers Andre Boyer and Michael Vargas pulled him over without cause at about
7:30 p.m. on Oct. 31, 2012.
The officers then handcuffed Williams,
"following an unconstitutional stop, frisk and detention practice
implemented by the high command" of the department, the complaint states.
Boyer and Vargas then drove Williams to
the police station and took photos of him that they later posted on Instagram
and other social-media websites, according to the complaint.
The police allegedly detained the rapper
"against his will" in a cell for about nine hours, without charging
him for any crime, and released him at 4:30 the next morning.
Williams sued the officers individually
last year, alleging that they lied about smelling marijuana coming from his
vehicle.
Vargas was later dismissed from suit, but
the city still faces claims that it showed deliberate indifference to Boyer's
pattern of constitutional violations.
Williams also said the arrest forced him
to miss a promotional appearance in Atlanta that night, costing him payment for
the gig as well as the deposit he put down for a private jet.
Placement of Williams in a false light,
for which the officers were never disciplined, furthermore allegedly cost the
rapper numerous sponsorships, endorsements and profitable business
opportunities, and left him with anxiety and embarrassment.
Philadelphia and Boyer moved to exclude
evidence of Boyer's alleged prior misconduct, but U.S. Magistrate Judge Timothy
Rice refused to shield records of an internal investigation that found that
Boyer was disciplined after he "continuously and repeatedly placed inaccurate
information on official documents in the process of completing marijuana
arrests" from 2006 to 2008.
"Because this investigation shows
that the city knew about Officer Boyer's misconduct in connection with numerous
marijuana arrests over two years, it is probative of Williams' claims that the
city failed to properly discipline and supervise Officer Boyer," the April
23 decision states.
The investigation "also is relevant
to Williams' claim that Officer Boyer fabricated claims of smelling marijuana
to justify a search of Williams' vehicle," Rice added. "Such evidence
demonstrates a specific pattern of behavior that could be considered a 'plan'
and, therefore, absence of mistake on the part of Officer Boyer."
Complaints of Boyer's prior unwarranted
searches are relevant as well, the ruling states.
"This evidence supports an inference
that Officer Boyer has attempted to justify warrantless searches based on
meritless or disputed suspicions of criminal activity," Rice wrote.
"The evidence does not implicate Officer Boyer's propensity to violate the
law; rather, it establishes his plan or modus operandi for justifying his
actions."
But the judge refused to admit prior
complaints of force and verbal abuse against Boyer, which he deemed "unrelated
to his actions here and could only inflame the jury."
The court excluded Boyer's complete police
record as "excessive" evidence, as well.
Williams additionally cannot call his
business managers as liability and damages witnesses, nor can he summon a
Philadelphia cop as a liability witness against Boyer.
