Former Haskell officers accused of Fourth Amendment violations
...After watching/ listening to the audio-visual footage, it was apparent that the search was unreasonable as the suspect was arrested outside the residence and her immediate area would’ve been outside where she would have been arrested...”
Brad Hicks Haskell Police Chief
After several Haskell officers resigned during a City Council meeting in January, the City of Haskell put out a statement addressing their claims of problems in the department.
In the statement, Mayor Clyde Crookham Jr. said three of the officers who quit were under investigation for violating a person’s Fourth Amendment rights and directed any information requests to the city attorney.
The Saline Courier received the investigation documents and body camera footage from Jan. 4. The complaint was filed by by Joshua Miller, the owner of the residence searched by Haskell Police Officers Blake Gilliam, Elvis Caple and Lt. Jimmy Foreman on Jan. 5.
Foreman was one of the officers who spoke during the City Council meeting at which the officers resigned.
“After watching/listening to audio-visual footage, it was apparent that the search was unreasonable as the suspect was arrested outside the residence and her immediate area would’ve been outside where she would have been arrested,” said Haskell Police Chief Brad Hicks.
Also, the officers had only an arrest warrant for Chanta Southworth and not a search warrant for the residence, Hicks said.
Southworth was arrested at the property in response to an incident that happened at the Dollar General in Haskell. Southworth was accused on not paying for merchandise and attempting to hit an employee with her vehicle.
When the three officers arrived at the residence listed on Southworth’s driver’s license, she was standing outside of the residence, according to the report and body cam footage. The officers approached her and placed her in handcuffs. Then they began to question her about any drugs on the property.
She indicated marijuana had been used earlier in the day.
The officers took her inside the residence where another person was sitting. Both he and Southworth said they did not live on the property. Southworth admitted it was on her license but said she had not lived there in a year.
The officers proceeded to search the house and found items they believed to be drugs.
Hicks reached out to Miller and the other occupant on Jan. 6, according to investigation documents. He interviewed Southworth and the two men.
Southworth told Hicks she walked outside when she saw
the officers arrive and she was placed under arrest. She said Foreman told her he had a search warrant and were going to search the house.
She told Hicks the purse they found containing drugs was not hers.
She said Foreman was rude, adding the other officers were following his lead.
Hicks said in the documents that he viewed the body camera footage and Foreman said they had a search warrant multiple times when he was meaning the arrest warrant.
Hicks said Caple told Former Assistant Chief Bill Hutto he never looked at the warrant and assumed it was a search warrant, but Hicks said the footage shows Caple going through the papers.
Gilliam, who was new to the force, was found to be following Foreman and Caple. Gilliam had not yet attended the Police Academy. He was set to attend the academy before resigning.
Hutto interviewed all three officers Jan. 5, where all three were advised of their Garrity Rights, which according to Garrityrights. org, are rights to protect employees from being compelled to incriminate themselves during investigatory interviews conducted by their employers.
He had all three sign that they understood their rights, and the interviews were taped.
Hutto said Gilliam was detailed and truthful. He added that he believes Gilliam will be a good officer.
“He is eager to learn and apply his trade for the good of the community,” Hutto said.
Hutto said, in a letter to Hicks, that Caple and Foreman failed Gilliam in this situation.
Hutto said Caple was not detailed in his account. He told Hutto many times he was not listening and did not look at the papers.
He said he never saw a search warrant and never looked at the papers close enough.
“This would leave a reasonable officer to stop the search and remove themselves from the area,” Hutto said in the letter.
He also said Caple contradicted himself and changed his story about the purse that was found during the search.
Hutto said in his letter Caple’s experience and training should have made him validate the search warrant.
Regarding Foreman, in the letter Hutto said he was neglectful in his supervisory capacity.
Throughout he said search warrant when it was an arrest warrant.
“Lt. Foreman has approximately 23 years of service and should have done a proper prearrest meeting with all officers involved,” Hutto said.
Foreman told Hutto he believes he acted according to his training and did not violate the Fourth Amendment.
In an interview, Foreman said he knew it was an arrest warrant. Saying search warrant was a mistake. He said he did not intend to lie.
He said the driver’s license showed it was her permanent address and she said there were drugs in the house.
He added her belongings were in the residence. He said she had established residence.
He emphasized she never told them to not go into the house or told them to stop.
Foreman said before the Haskell City Council meeting, Chief Hicks told him nothing would happen in regards to the Fourth Amendment violation investigation.
However, in the investigation finding document, Hicks said if the officers had not resigned, he would have terminated Foreman and Caple. Gilliam would have gotten a written reprimand.
Hicks said he was sending the file to the prosecuting attorney.
In an interview, Hutto said he believes the men made a mistake. He said Hicks talked about having them decertified, but he fought against it. He does not want this to impact the officers’ retirement.
Hutto added that when Foreman resigned, he also lost his drug dog.
Foreman had been with the department a year. Hutto said he had no other discipline issues and even had been employee of the month.
Hutto said the prosecutor said this was a department issue.
He also said charges against Southworth were dropped. The case did not come up in a search of Arkansas Court Connect.
In his released statement, Crookham said he would not be making other statements on officer issues.