CEDAR RAPIDS (KWWL) -
A lawsuit against two Cedar Rapids police officers is heading to trial in federal court as a woman claims her Fourth Amendment rights were violated during her arrest five years ago.
The Fourth Amendment protects Americans from unreasonable searches and seizures, meaning police officers need a valid search warrant, but Chelsea Bechman says police arrested her without a valid warrant.
According to court documents, Bechman had no proof of insurance when police pulled her over in 2007. Those documents say she did not pay the fine or show up in court so a warrant was issued for her arrest. Eventually she showed up in court in 2008 so the warrant was recalled.
Court records also show Bechman's husband was pulled over by Officer Mitchell Magill in 2009. Records state, he noticed there was a "possible" warrant for Chelsea Bechman's arrest, and Magill and Officer Eric Butler head to her home and arrest her.
Previous rulings have said that the officers should never have arrested Chelsea Bechman because they didn't know for sure that there was a valid warrant. Part of the confusion was the fact that the 2008 flood destroyed many paper arrest warrants.
Chelsea Bechman also claims she was forced to use the bathroom in front of the two male officers, which she says is unreasonable seizure. Previous rulings have not addressed that claim and have focused on the warrant issue.
The federal trial is set to start September 2, 2014.
Officer Magill,was also involved in the 2012 shooting that killed Desirae Daniel. The Linn County Attorney determined that the use of deadly force was justified so no charges were filed in that case.