Journalist Challenges Legality of Traffic Stop by Marshals

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City Marshals handling a traffic stop in Las Vegas

News Summary

Derek Myers, an Ohio journalist, contests the legality of his January traffic stop by Las Vegas City Marshals during the CES. Myers denies allegations of speeding and DUI, claiming procedural breaches. He is seeking over $1 million in damages and filed a civil lawsuit against the city, implying that many individuals face similar unlawful stops. As legal battles continue, scrutiny over the marshals’ jurisdiction and conduct intensifies, with implications for law enforcement procedures in Las Vegas.

Las Vegas, NV – Derek Myers, an Ohio journalist, is challenging the legality of his traffic stop by Las Vegas City Marshals amidst an ongoing legal battle. The incident occurred in January while he was driving on U.S. 95 during the Consumer Electronics Show, raising questions about the jurisdiction and authority of the marshals who detained him.

At the center of the dispute are allegations that Myers was speeding and driving under the influence, claims he firmly denies. Following the traffic stop, he requested a breathalyzer test, which was not administered despite Highway Patrol officers being present at the scene and possessing the necessary equipment. After his release from jail, Myers underwent testing at an independent laboratory, which indicated no substances in his system.

As he awaits a decision on potential criminal charges related to the stop, a hearing concerning the blood draw results has been canceled. Myers’ attorney, Adam Breeden, noted that the city attorney had not reviewed the results prior to the hearing’s cancellation. Breeden expressed frustration over the duration of the case without formal charges, labeling the situation as “all for nothing.”

Myers also contends that his Miranda rights were not read during the encounter, arguing that this oversight constitutes a breach of proper procedure, particularly since he believes he was subjected to custodial interrogation.

Compounding his criminal case, Myers and his attorney have filed a civil lawsuit against the City of Las Vegas. They argue that their scenario is not isolated, suggesting that numerous individuals may have similarly faced unlawful stops by city marshals. It is estimated that hundreds, if not thousands, of people may have been unlawfully detained or arrested beyond the jurisdiction of the marshals, prompting the American Civil Liberties Union (ACLU) to initiate a separate class action lawsuit against the city. This lawsuit cites excessive force and violations of constitutional rights attributed to the marshals’ actions.

In addition to seeking justice for himself, Myers is pursuing over $1 million in damages, alongside an injunction to prevent future misconduct by the marshals. The Las Vegas Marshals’ Office, which operates under a restricted jurisdiction, is specifically authorized to enforce laws primarily within city properties.

Details of the stop reveal that the marshals searched Myers and his vehicle without obtaining consent or a warranted authorization, and they also conducted what Myers describes as a faulty field sobriety test. The psychological effects of the incident have had a profound impact on Myers, who reports experiencing significant emotional distress characterized by fear, humiliation, anxiety, and economic harm stemming from the disruption of his life.

The case remains unresolved as a hearing related to the criminal charges is set for June 25, where city officials indicate that charges against Myers may still be imposed. The city has filed a motion to dismiss the charges against him, asserting that the marshals acted within their rights based on perceived threats stemming from reckless driving. As the legal battles unfold, the implications of this case on the procedures and jurisdiction of law enforcement in Las Vegas continue to be scrutinized.