Man to file suit for damages in drug search - WRCBtv.com | Chattanooga News, Weather & Sports

Man to file suit for damages in drug search

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NASHVILLE, TN (WSMV) -

An Antioch man said he's going to file suit after metro police broke down the door of his Timberlake Circle apartment and didn't find anything illegal.

"All this damage is done to my apartment," said Marcus Pastorius. "Everything's scattered out, door's busted. Who's going to clean this up? Who's paying for damages? They said, 'that's not our problem.'"

Thursday, Pastorius called police to file a harassment report against a former business partner.

Metro police said during that visit, an officer smelled a very strong odor of marijuana and undercover officers also smelled it later. Police got a search warrant, kicked in the door and called Pastorius back home.

"A police officer said, 'You need to put your hands behind your back,'" said Pastorius. "They put me in cuffs and said, 'You're under arrest. Where's the marijuana and drugs?'"

Pastorius said he never had any drugs.

Metro police argue six hours passed between when the officer smelled marijuana and when the search warrant was served, giving time for things to change.

Now planning to file suit against the city, Pastorius said he's an innocent man dealing with the department's mistake.

"An apology won't do," said Pastorius. "Actions need to be taken."

Copyright 2014 WSMV (Meredith Corporation). All rights reserved.

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