National Roundup

Vermont
High court hears warrantless Border Patrol search case
MONTPELIER, Vt. (AP) — Vermont’s highest court is hearing an appeal in a drug case that includes evidence U.S. Border Patrol agents obtained in a warrantless search of a car.
Justices on Vermont’s Supreme Court heard arguments on Tuesday about whether to suppress evidence that U.S. Border Patrol agents found and seized drugs in a car that they searched without consent or a warrant, The Caledonian Record reported.

Agents stopped Philip Walker-Brazie and Brandi Lena-Butterfield in Aug. 2018 as they were driving in Jay, Vermont, a town that borders Canada. The agents searched the car without the consent of the defendants or a warrant, as allowed under federal law, when they allegedly discovered illegal drugs.

The couple is now being prosecuted for drug possession in state court. But the Vermont American Civil Liberties Union and the state’s Attorney General T.J. Donovan said Tuesday that the evidence should not be allowed because a warrantless search is not permissible under Vermont’s constitution.

"That is a fundamental principle of our constitution. It is a protection that Vermonters are entitled to," Donovan said in a remote press conference after the hearing, which was conducted virtually.

A 2014 Vermont court ruling allows U.S. Border Patrol agents to conduct roving searches within 100 miles (160 kilometers) of the Canadian border, but in this case, the agents did not pursue federal charges. Instead, they gave the evidence to State Police, the newspaper reported.

David Tartter, an attorney for the Orleans County state’s attorney’s office, told the justices that this case is about "a perfectly legal search."

"It’s not like people going about their everyday business are going to be subject to warrantless searches," Tartter said during the hearing.

Vermont’s attorney general sided with the defendants’ appeal to the state’s Supreme Court in August. A Superior Court judge declined to suppress the evidence and the defendants appealed.

Iowa
Chief sues police academy over toxic gas leak
IOWA CITY, Iowa (AP) — A police chief is suing the Iowa Law Enforcement Academy for injuries he suffered from a 2018 carbon monoxide leak that exposed dozens of recruits to unsafe levels of the toxic gas.

Justin Lyman, police chief in the northwestern Iowa town of Newell, was among dozens of trainees sleeping in a dormitory on the academy’s Johnston campus when its ventilation systems failed.

In an amended petition filed this week, Lyman said he and his roommates woke up light-headed and one of them began having a seizure after the colorless, odorless gas spread.

Lyman’s lawsuit says that he immediately began helping evacuate the building, alerting cadets, propping doors open for ventilation and telling others to contact emergency responders.

Lyman and about 70 others were admitted to local hospitals for treatment. They were all participating in the academy’s 16-week basic training session to become certified peace officers in Iowa.

A state investigation later blamed infrastructure failures for causing the leak in the 48-year-old building, which did not have carbon monoxide detectors and was slated for demolition. An air handling unit and a heating boiler simultaneously malfunctioned.

The academy was cited for exposing 77 recruits to unsafe levels of carbon monoxide — including three that faced potentially lethal levels — and for not having an effective ventilation system. It paid a $5,500 fine.

Lyman’s lawsuit claims that the academy was negligent in maintaining the building, and that h’s entitled to damages for his pain and suffering, loss of capacity to enjoy life, and past and future medical bills.

Maine
Man sentenced for scheme to defraud New England banks
PORTLAND, Maine (AP) — A Boston man has been sentenced to nearly five years in prison for a scheme that prosecutors described as a conspiracy to defraud banks and credit unions throughout New England.

A federal judge in Portland sentenced Rahshjeem Benson, 38, to 57 months in prison and three years of supervised release. He was also ordered to pay more than $120,000 in restitution.

Benson was part of a conspiracy to obtain the names and personal information of people with good credit scores so he and others could apply for unsecured personal loans in the names of their victims, prosecutors said Tuesday. The conspirators had no intention of repaying the loans, and created fake paystubs in the names of victims to support their applications, prosecutors said.

The scheme came to a halt when a loan officer became suspicious and notified law enforcement, prosecutors said.

Benson was arrested by police in Kittery, Maine. He pleaded guilty to charges in October 2019.

Arizona
Plea deal for Hereford couple accused of abusing children
PHOENIX (AP) — A married couple from Hereford accused of abusing their adopted children have agreed to a plea agreement.

The Arizona Republic reports that Brian and Monica Campbell agreed Monday to plead guilty to four of the 20 counts of child abuse in a deal that could send them to prison for up to three years.

Sentencing is scheduled for Jan. 22 in Cochise County Superior Court.

Authorities said the couple were arrested last year after video footage revealed years of physical and sexual abuse of the adopted children.

The Republic reported that Brian Campbell worked for the Arizona Department of Child Safety as a case manager and his wife was a Cochise County Sheriff’s Office dispatcher.

The Campbells adopted their children out of Arizona’s foster-care system.

A lawyer for the children filed notice of a civil action in September against the child safety department and county sheriff’s office for allegedly knowing about the abuse but doing nothing to stop it.

The claim, which is a precursor to a lawsuit, seeks $16 million in damages from the government agencies and argues that the children suffered sexual, physical, psychological and emotional abuse.