Sheriff Defends Off-Duty Deputy's Traffic Stop In Cherokee

CANTON, GA -- Barrow County Sheriff Jud Smith is coming to the defense of his deputy who conducted a traffic stop on a motorist Sunday evening in Cherokee County. Smith is also denying allegations that the woman was asked to step out of the vehicle and subjected to a pat-down on the side of the Interstate 575 in Canton.

The motorist initially told deputies with the Cherokee Sheriff's Office that an alleged police impersonator pulled her over on the northbound side between exits 14 and 16. However, the agency on Tuesday confirmed the man was, in fact, a sworn law enforcement official serving in Barrow County, located immediately to the east of Gwinnett County.

Speaking by phone with Patch, Sheriff Smith said his deputy was traveling on I-575 when the motorist pulled in front of him and began to slow down by tapping her brakes. He went around her and continued to travel northbound. However, Smith said the motorist pulled back behind him and attempted to get his tag number.

He also alleged the woman, according to his deputy, sped up and slowed down multiple times and, at one point, got behind him and flashed her vehicle's high beams, which Smith said were "blinding him." The deputy changed lanes and she allegedly moved in behind him once more. After allowing her to pass, the deputy then pulled behind the motorist and activated the emergency blue lights on his county-issued Dodge Ram.

Smith said the deputy, who was off-duty at the time, approached the car, identified himself as a Barrow County deputy and asked her for her license. The woman, the sheriff said, didn't have her license on her at that time. The deputy also offered to call the local jurisdiction to respond to the stop and informed the driver he pulled her over because she was "aggressively driving."

“He never got her out of her car and never put his hands on her in any shape, form or fashion,” Smith said.

According to an incident report released by the Cherokee Sheriff's Office, the woman said the deputy only indicated he was a "sheriff marshal," patted her down with the palm of his hands and "asked her if she was wearing a padded bra."

Cherokee County's report of an impersonator made it back to Barrow, and one of Smith's deputies saw the notice. As soon as the deputy realized he was the subject of the BOLO, Smith added the deputy called Cherokee County the following morning and to say he was the man who conducted the traffic stop.

Smith said his deputy is a long-time member of the force, and was making his way to Walmart in Canton for a security job he was supposed to work before the traffic stop occurred. He said he even told Sheriff Frank Reynolds that he'd be willing to take a polygraph if the motorist would be willing to clear up any confusion.

“This gentlemen is a 17-year veteran," Smith said. "He’s well-versed in law enforcement...and what he can and cannot do.”

While it's infrequent and not illegal for officers to pull over motorists outside of their jurisdictions, Reynolds say it does happen on occasion. In this instance, the situation could have been resolved sooner if the Barrow sheriff's deputy informed his Cherokee County counterparts of the traffic stop or, at least, called 9-1-1 dispatchers to relay what was happening, Reynolds added.

"While we appreciate all of our adjoining and sister law enforcement agencies not only here in metro Atlanta but throughout the state and nation, we would always prefer that an officer from outside our jurisdiction request assistance from us prior to initiating law enforcement action within Cherokee County," the sheriff's office added Tuesday in a statement. "If it cannot be done prior to the law enforcement action then notify us immediately upon completion of that action. We work very hard to cultivate the relationship we have with our citizens and would not want that jeopardized by the actions of an outside agency."

One piece of information readers should know: sheriff's deputies have the power to conduct arrests outside of his or her's jurisdiction, which is not the case for city or county police officers (unless they are deputized by the sheriff of the county where they reside).

Smith said his employee admits not calling in the traffic stop to the Cherokee County 9-1-1 dispatchers, but added they notified the sheriff's office of the issue as soon as they became aware of what was unfolding on this side of town. The deputy in question, he added, has done nothing wrong and has not broken any laws. Until proven otherwise, Smith said he will "fully back" the deputy's actions.

"Plainly, her statements were false as to what she said happened on the side of the highway," Smith said.

Image via Shutterstock