Metro clears officers in run-in with petition group

An internal investigation by Metro Police has determined its two officers acted appropriately at the Fremont Street Experience this past May when they detained an advocacy group soliciting signatures on a petition to get medicinal marijuana on the November ballot.

The decision, however, has angered Gary Peck, executive director of the American Civil Liberties Union Nevada chapter.

"There was no probable cause, no reason to believe that these people had committed a crime, were going to commit a crime or were carrying weapons," Peck said. "There was no indication that they posed a threat to anyone so Metro had no right to stop them for 45 minutes and check them."

Undersheriff Richard Wingett, however, said Peck is accepting only a one-sided version of the incident and confusing terminology and legal definitions.

"You don't need probable cause to stop and interview someone. You need probable cause to arrest someone," Wingett explained. "You need reasonable suspicion to stop someone ... Our reasonable suspicion was provided by Fremont Street security."

The petition gatherers, aligned together in a group named Progressive Campaigns, were on the downtown street for a petition drive May 22. The incident began when members refused security guards' orders to leave the property, instead becoming hostile and uncooperative, authorities said.

Metro responded to security's call for help. Peck said security initially insisted the group was soliciting.

Metro detained the group members for approximately 45 minutes, telling them to leave and threatening them with trespassing charges if they returned, Peck said.

"We go to quell a disagreement," Wingett said. "We are not there to investigate if they had legal right to get signatures."

Peck maintains that Metro was inhibiting the group's constitutional rights. He said the officers were abusive and "belligerent" when the group tried to get their badge numbers.

Wingett countered that such claims vastly differ from officers' accounts.

"One of the individuals grabbed the front of one of the officer's uniforms, removed a pen from his pocket, and then pointed the pen at the officer," Wingett said. "The officer grabbed for his pen and got (the woman's) hand and squeezed it until she let go of the pen. What do you expect to happen when (you act) aggressively toward and officer?

"Mr. Peck has taken the word, wholesale, of these people and has discounted the word of security (and) our officers."

Peck sat in on the internal affairs bureau's interviews with the five group members, each of whom he said gave the same story and were basically ignored.

Further, he says there was a cover-up because the security guards allegedly changed their stories to say the group was not soliciting, but rather "acting up."

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