Quote:
Originally Posted by BeamOn
No reasonable jury will believe that a cigarette is a weapon...
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Of course not. As Zeke would say..."Oh please!"
But the cigarette is actually the most important issue in the stop. Because the moment that Encina began his exhortation for Bland to put her cigarette out was the moment that he violated her 4th Amendment rights to no detention without cause. He had already completed his duties related to the cause for the stop and any further detention is a violation. Any reasonable jury will see immediately that Encina was simply miffed that Bland was being so pissy with him. That is not cause for a 4th Amendment violation.