What happens next has proved to be quite controversial. The trooper demands that the driver roll her window down all the way. The driver refuses. The trooper presses the issue, explaining that if the driver does not comply with his instructions he will remove her from the car. The driver continues to argue; the trooper then opens the door, removes the woman from the vehicle, and handcuffs her. There’s quite a bit of arguing and the exact chronology is hard to make out, but the end result is a woman handcuffed on the side of the road for a speeding ticket.
MyNews4 sent the video over to our office and Ken McKenna took a look at it. His verdict? There’s nothing in the video that puts the trooper in a position where he should be dragging a woman onto the road and handcuffing her:
“The officers demand that they roll the window all the way down, to me totally inappropriate. He has a right to make contact. The driver’s requirement under the law in a traffic stop is to supply a driver’s license, proof of registration, proof of insurance, according to the video, she complied with that, that’s it, after that she has a 5th Amendment right not to speak at all.”
There is no evidence of a secondary crime in the video that would require the driver to exit the vehicle. For example, there’s no alcohol smell, no marijuana smell, and no evidence that a crime beyond speeding has been committed.
The passenger claims that both women spent two days in jail thanks to this traffic stop gone wrong. The Nevada Highway Patrol explained that the stop will be examined after the ticket goes through court. There is no official investigation at this time.
Ken McKenna is a leading and prominent criminal defense attorney in Reno, Nevada and has successfully been an advocate for his clients for over 30 years. For further information or to schedule an appointment please contact us at 775.329.6373 or visit www.KenMcKenna.com.