Kaheem Arkim Smith, center, speaks to reporters Friday outside the Loudoun County Sheriff’s Office about a traffic stop he said escalated into unlawful search of his car and person.

Daniella Cheslow / DCist/WAMU

A 46-year-old African American accountant from Leesburg says he wants justice after Loudoun County Sheriff’s Office deputies pulled him over on Thursday for a broken brake light, handcuffed him and searched his car without his consent, all while wearing no masks. He says five vehicles were used in a traffic stop that turned into a fruitless search for drugs.

“I want accountability. This shouldn’t be happening out here to young black men just driving up a road,” said Kaheem Arkim Smith.

The Loudoun County Sheriff’s Office confirmed it received a complaint from Smith.

“I can assure him that the Internal Affairs Unit is going to look at this completely, thoroughly, 100%. If we have violations internally we will absolutely hold those deputies accountable,” said Col. Mark Poland, Loudoun County’s undersheriff.

The incident comes as Virginia lawmakers prepare to pass policing reform in an upcoming August session, and as some Loudoun County residents call for overhauling their law enforcement.

The slim, bespectacled Smith recalled his ordeal Friday at a press conference called by the NAACP outside the Sheriff’s Office. About two dozen people attended, holding a yellow “Black Lives Matter” banner. His wife, Selena, and their two sons Isaiah, 11, and Prynce, 9, stood behind him.

Smith said he was driving home on Route 7 when he passed an unmarked van on the median. He said he switched into the middle lane and spotted a sheriff’s cruiser behind him with its lights flashing.

“I pull over, and five Loudoun County Sheriff’s Department—three unmarked, one canine and one police cruiser—converged on me as I moved over to the side,” he recounted.

Smith said a deputy informed him his brake light was out, and asked for his license and registration. When Smith reached for the glove compartment, he claims the deputy told him to stop and to step out of his car. Smith, who is asthmatic, said he hurried to get out of the car and forgot his mask. No deputies wore masks either, he said. He asked to take his phone out to tape the incident, but he said the officers did not let him. They said their dashboard camera was on, although Smith said he was out of the range of the lens.

Undersheriff Mark Poland would not comment on the specifics of the case, but said he did not believe any officers had body cameras.

Next, Smith said a deputy asked if he could search his car. He refused. The deputy asked to search him, Smith said. He refused again. Smith said the deputy searched him anyway because of a bulge in his pocket—which he explained was his wallet. Then, Smith said, a police dog began sniffing at his car and deputies handcuffed him.

“They said I’m being detained for a drug investigation,” he said. “They said the dog got a hit. … I didn’t see that dog bark, scratch, point, nowhere.”

The Sheriff’s Office said in a statement that “a K9 Unit, trained in narcotics detection, alerted on the vehicle indicating a presence of possible drugs.”

Poland added that sheriffs must have probable cause for a search, have a warrant, get consent, or see contraband in plain view. He again would not provide details about the specifics of Smith’s case.

Deputies searched his car, which Smith said included ripping his trunk lining and tearing his back seat. The Sheriff’s Office says no drugs were found. Then, Smith said, deputies removed the handcuffs and gave him a warning citation for the brake light. Once his hands were free, Smith retrieved his phone and started recording video.

“How do you do a traffic stop with five police cars?” Smith asks a sheriff’s deputy named Ramirez on tape.

“We’re allowed to,” answers Ramirez.

“Because I’m a young black man so they think that, you know, I’ve got some type of drugs or some type of weapon,” Smith says.

“It has nothing to do with race, sir,” Ramirez answers.

Finally, Smith said, the police drove away, still holding his wallet with his driver’s license. Once at home, Smith said he called the Sheriff’s Office and said he would collect the wallet but “five minutes later a police is banging on my door.” He said he snatched the wallet and closed the door.

Joshua Erlich, a civil rights attorney in Arlington County, said he noticed a few possible red flags in the case.

“Cars don’t get randomly pulled over by five vehicles, generally speaking,” he said. Further, he cast doubt on whether the search of Smith’s car and person were justified. Erlich said while nothing struck him as illegal, confiscating a driver’s license was unusual.

“It does surprise me that they took his license from him and then sent him on his way to drive,” he said. “That certainly sounds like a trap.”

He estimated based on the facts that a civil case for wrongdoing could be “five-figure damages,” although he cautioned that his knowledge of the case was limited.

Poland, the undersheriff, said deputies were only authorized to search if they had a warrant, probable cause, if contraband was in plain view, or if they had consent.

“You have to meet one of those four standards, or it’s an illegal search,” he said.

Regarding masks, Poland said the department issued them to all deputies and told them to wear them unless they could distance, “but at the same time, whatever the circumstances might be, if it’s an officer’s safety issue, if it’s something to that effect, that may dictate what we do.”

Pastor Michelle Thomas, the president of the Loudoun branch of the NAACP, said the case was further evidence that the county needed to overhaul its police. She said she would FOIA the police for dash cam footage and radio communication.

“There is no point of having a backup for a brake light, and we understand without any more investigation, that there is a measure of cultural bias,” she said.

The incident comes amid a national debate over policing and police reform, one that has taken on a local spin in Loudoun County.

In recent weeks, county Board of Supervisors Chair Phyllis Randall (D) called for creating a Loudoun County police department subject to civilian review. It would replace its current Sheriff’s Office—which is led by Republican Sheriff Mike Chapman—with a traditional police department, led by a police chief who can be hired and fired by elected officials. The Sheriff’s Office would lose most of its current responsibilities, spare managing the county jail and court services.

This week the Democratic-controlled board voted to study its current form of government, including its Sheriff’s Office, ahead of more dramatic steps.

Undersheriff Poland dismissed the idea that the Sheriff’s Office needed more oversight.

“We answer to 413,000 residents here in Loudoun County. It is the ultimate citizen review board,” Poland said.

At the press conference, Kanika McIntyre, 40, said she wanted see change. She said Smith’s experience was part of a pattern.

“I’ve seen on several occasions, several young males, Black and brown, be pulled over by at least three to four police officers for basic traffic stops and it has always concerned me,” said McIntyre, a project manager in Leesburg.

McIntyre, who is Black, said when she learned of Smith’s stop, she immediately called her 18-year-old son Kevin. He was out on an errand buying groceries.

“I said, The police department and sheriff’s department are out there pulling people over for no reason, and I just don’t want you to be a victim,” she remembered saying. “So just make sure you’re following all the rules and just get home.”