Prosecutor says deputy handcuffed Rep. Allemand for safety, not to interrogate him

The prosecutor charging Rep. Bill Allemand on drunk driving allegations filed a 30-page argument Friday urging a judge to keep the case alive, arguing the lawmaker was handcuffed during his Buffalo traffic stop for safety reasons after making a “reckless movement” near a loaded gun.

Allemand, R-Midwest, asked the judge last month to dismiss the case, claiming Johnson County Sheriff’s personnel violated his constitutional rights. His attorney argued a deputy violated his right against unreasonable searches by handcuffing him after spotting a pistol on the seat next to Allemand during the Dec. 28 traffic stop.

Johnson County Deputy Attorney Joshua Stensaas countered that the stop, handcuffing and DUI investigation were all “constitutionally valid.” He wrote that Allemand’s “reckless movement and position in relation to a loaded firearm created the officer safety concern.”

The prosecutor noted Allemand made multiple statements voluntarily, including telling deputies he’d been drinking beer for “anxieties” over interstate driving and knew it was “highly illegal” but it helped. A later blood draw showed Allemand had a BAC of 0.24%.

Allemand’s attorney Mike Vang called the state’s response unusually “voluminous” for a misdemeanor DUI, saying “This got a bigger response than I had in my last aggravated vehicular homicide case.” The matter is set for a March 25 hearing in Buffalo Circuit Court.