Last year I retired from a 30 year career in law enforcement , I have several comments as a result of all the available information provided on this case, including the State Police Internal Affairs investigation report:
1. The initial stop, I believe the trooper made a proper stop (the headlight had been experiencing intermitent outages as proven by the car dealer records.
2. Policy dictated that the offender be transported (in cuffs) to the local Police Station, as a result of her refusal of the road side test.
3. After the breathalizer test was 0.00 the Trooper was still following policy in transporting her (in cuffs) to a judicial authority for proper dispostion of the charges.
4. The Trooper showed restraint when confronted by the husband on his arrival at the Police Station.
5. However the Trooper's claim of smelling alchohol on the womans breath is suspect due to the 0.00 results of the breathalyizer.
6. While the text messages were made public, only the Troopers know what was said during the conversation on the police radio (the radio band, that isn't recorded or monitored)
7. The coincidence of Trooper Smith, pulling over the husband who was following the arresting Officer, while enroute to the jail, and Trooper Smith's statement to the Internal Affairs Investigator, that he didn't know what kind of car was in front of the husbands car at the light is very suspect. Nothing will convince me that wasn't setup by the Troopers ahead of time.
8. Trooper Smith seems to have a poor attitude towards the public he took an Oath to serve and protect, I would think some training is
The powers that be should look into changing the policy/law that requires a defendent to be transported to a Magistrate, only to drop charges on a case that has no probable cause and won't be prosecuted anyway. I am sure an administrative policy could be implemented that would save tax dollars, and would expedite the Trooper(s) back on patrol several hours sooner.
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