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Man handcuffed, ticketed after hunting trash can lid
Originally published May 16, 2006


By Katy Brandenburg
News-Post Staff

Man handcuffed, ticketed after hunting trash can lid
Photo by Skip Lawrence

Dave Twigg talks about the evening he was pulled over, detained and arrested by a Department of Natural Resources officer.
TUSCARORA -- When Dave Twigg went to look for his trash can lid, which had blown off the back of his truck about 10 p.m. April 30, the last thing he expected was to end up in handcuffs in his own driveway.

Mr. Twigg was shining his industrial-size, high-powered flashlight along the shoulders of the road, looking for the lid, he said.

He found the lid about a quarter mile up the road and was driving back to his house when a white SUV with flashing lights around the rear window pulled up behind him on the lane leading to his driveway.

Mr. Twigg said he wasn't doing anything wrong. He had no idea why he was being pulled over and believed he was doing the right thing by driving until he could pull into a lighted area -- his driveway.

Department of Natural Resources Officer Daniel Harbaugh interpreted the situation very differently. He reacted as if Mr. Twigg was armed and dangerous -- the way police officers are trained to do.

Mr. Twigg said Officer Harbaugh jumped out of the SUV, gun drawn and pointed at Mr. Twigg, and ordered him to get out of the vehicle.

Mr. Twigg stepped out of his truck, hands up, and Officer Harbaugh handcuffed him. He searched Mr. Twigg for weapons, then searched his truck, even going through papers and opening envelopes in the glove compartment, Mr. Twigg said.

Mr. Twigg said the officer threatened to take him to jail for fleeing and eluding a police officer, or for spotlighting -- illegally hunting deer by blinding them with bright lights.

"I understand police officers have dangerous jobs," Mr. Twigg said. "And I don't have a problem with what he did, but he just wouldn't listen."

After detaining Mr. Twigg on his driveway for nearly an hour, Officer Harbaugh wrote him a notice of violation for spotlighting without a weapon and driving without his license in possession. The violation notice carried no fine or penalty.

"Who goes spotlighting by themself? Once you see (a person doesn't) have a gun, it's not hunting," Mr. Twigg said.

Mr. Twigg filed a complaint with the DNR. Sgt. Ken Turner said the department is investigating the matter internally as a personnel issue.

"We take a complaint very seriously," he said.

According to department policy, Sgt. Turner could not discuss further details, but Mr. Twigg said officers have contacted him to hear his side of the story.

He has not taken the complaint to court.

A question of safety

Mr. Twigg noticed the flashing lights and pulled to the side of the road.

"I just couldn't imagine why he'd be after me," Mr. Twigg said.

Officer Harbaugh's white SUV was unmarked and did not have lights on top, Mr. Twigg said.

"I wasn't sure it was an officer, I didn't recognize the vehicle," he said. "He even set off some kind of siren for a second, but it didn't sound right to me."

Sgt. Turner said some DNR police vehicles are unmarked and have several different sirens, including an air horn.

Mr. Twigg said he had heard from multiple authorities, by word of mouth and on the Internet, that a driver pulled over by an unmarked police car has the right to proceed to a lighted area, for the safety of both parties.

Since he was within 500 feet of his driveway, he continued slowly to the driveway, using his turn signal before turning in. He stopped in front of his house, under the outdoor garage light.

"I thought we'd both be more comfortable in a lighted area," he said.

Mr. Twigg, 56, is the chief of training and education at Fort Detrick. He has lived in Tuscarora, near Md. 28, for 18 years.

Mr. Twigg said he knows of people who have sirens in their cars, and personally knows someone who was arrested for impersonating an FBI agent.

He also cited two recent cases of police impersonators that have been in the news: March 30, Brian James Everett, 32, of Baltimore County, was sentenced to 12 years in jail for impersonating a police officer and felony theft.

In February 2005, Arthur Woody Thomas Jr., 41, also of Baltimore County, was convicted of impersonating an officer and later sentenced to five years in prison.

Police acknowledge impersonation is a potential problem, and they advise drivers to remain wary when being pulled over by an unmarked police car in isolated areas. However, drivers still must obey a police officer's orders.

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