The driver, who was pulled over on Idaho's Interstate 84, refused to allow his vehicle to be searched for drugs after an officer engaged in what the media are calling “license plate profiling.”

The state of Idaho is now claiming Idaho State Police can’t be sued for the event on the grounds of sovereign immunity. The driver, 69-year-old Darien Roseen, is suing the state on several charges, including discriminatory and selective treatment by profiling. The driver’s car had Colorado state license plates, and Roseen had a Washington state driver’s license, both states that have legalized marijuana.