City of San Diego Settles Lawsuit with Driver over SDPD Traffic Stop

Media
5 days ago
2 min read

An officer smashed Nicholas Hoskins’ window after he refused to allow police to search his vehicle in 2024.

The city of San Diego has agreed to a $25,000 settlement with a driver who accused the San Diego Police Department of violating his Fourth Amendment rights against unreasonable search and seizure.

Nicholas Hoskins said he was pulled over in 2024 for a stop-sign violation. Video he recorded showed him asking the officer to explain the probable cause for searching his vehicle. He continually told the officer he didn’t have any weapons and asked for a ticket for the stop-sign violation.

SDPD's traffic stop of Black man prompts internal affairs investigation | NBC 7 San Diego

Officer: “All right, go ahead and undo your seatbelt. I’m going to have you get out. Just make sure there’s no weapons ...”

Hoskins: “No, I’m not about to get out the car …”

Officer: “I’m going to tell you what’s going to happen, OK? You’re going to take your seatbelt off. You’re going to put your wallet in the center console.”

Hoskins: “You guys … can I have my ID back and can you call your supervisor?”

Officer: “I’m telling you what’s going to happen, OK?”

Hoskins: “I have 15 minutes to go get my son. He’s getting dropped off at the bus stop at 4:30.”

Officer: “Nicholas, I’m going to open the door, you’re going to undo your seatbelt for me, OK? You’re an adult. I want you to go with the program here. I don’t want to have to …”

Hoskins: “What is the probable cause for a search?”

Officer: “Unlock the door for me.”

Hoskins: “What is the probable cause for a search?”

Officer: “Nicholas, unlock the car.”

Hoskins: “What is the probable cause for a search?”

Before a supervisor could arrive, the officer opted to smash the passenger-side window.

Officer: “This doesn’t need to happen, man.”

Hoskins: “It doesn’t need to happen. You guys don’t need to search me. I’m about to go pick up my son. I’m a law-abiding citizen. I’m a tax-paying citizen. I’m not on paperwork or parole. I’m not doing anything wrong.”

Officer: “OK, I’m breaking your window.”

Hoskins was arrested and cited for resisting arrest, but he was never prosecuted. In the months that followed, Hoskins hired an attorney and filed a federal lawsuit. In November, a judge dismissed the case, citing a settlement between the parties.

The San Diego City Attorney’s Office shared the terms of the $25,000 settlement. Other than the cash payout, both sides agreed to be responsible for their own legal fees. The city of San Diego admitted no responsibility or liability as part of the deal.

Hoskins' attorney, Tim Scott, told NBC 7 Investigates that "The settlement is a meaningful gesture to put this behind him so he can move on. He's satisfied with the settlement and is humbled by the opportunity to bring awareness to disparate police practices."—Tim Scott, Hoskins' attorney

Other than providing the settlement details, the city of San Diego didn’t provide a statement about the case. The San Diego Police Department didn’t respond to NBC 7's request for a comment.