RockyTop85
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- Dec 5, 2011
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Not my case, but a hearing I witnessed:Woof.
Woman gets stopped.
Male officer begins to search her and goes to reach into her pocket.
Woman brushes his hand away. (Whatever she did, it was not apparent that she did anything from the body camera video. It may have been visible from the camera in his car.)
She is then placed in cuffs and searched against her will.
Her attorney puts her on the stand and she says “I brushed his hand away because I felt violated by having his hand in that proximity to my [crotch].”
Judge: no justification for the stop; no justification for reaching in the pocket; however, her actions were unlawful resistance. Her arrest for resisting was valid. The search incident to that arrest was valid.
I have no idea whether it was appealed or what happened if it was.