Trooper: “Can you roll it down please?”
Woman: “Sir, is there a reason I need to roll the window all the way down?”
Trooper: “Yes because I have to interact with you and I can’t hear you out here.”
Woman: “I can interact with you just fine”
Trooper: “Okay, then get out of the car.”
Woman: “No I don’t need to get out of the car.”
Trooper: “Please get out of the car.”
Woman: “Sir, you have no right.”
The YouTube poster claims to have been the passenger that recorded the encounter. According to the clip description, after the driver did not roll her window down all the way, the trooper pulled her out of the car, handcuffing and arresting her.
Trooper: Can I explain something to you? I’m giving you a break and I’m trying to explain to you something to you and you’re being rude, roll the window down.”
Woman: “No I’m not being rude.”
Trooper: “And in Nevada if you refuse to do what I’m saying, then I’m getting you out of the car.”
Woman: “No sir that is not how it works, I’ve never heard of this.”
Trooper: “That’s how it works.”
The video continues with the woman saying we’re just trying to get to the airport and she acknowledges she was speeding. The troopers then continue to ask the woman to roll her window all the way down, and then begin to ask her to get out of the car. After refusing to do that, we see the trooper pull her from the car and place her hands behind her back.
Woman: “What do I need to get out of the car for if you’re giving me a ticket for speeding?”
Trooper: “Because you’re refusing to roll your window down…”
Woman: “I can interact with you through the window that is a large window…this is absolutely ridiculous”
We showed the video to local trial attorney Ken McKenna. Although he believes the women were obnoxious, he also said they were not obstructing justice in the video. “The officers demand that they roll the window all the way down, to me totally inappropriate. He has a right to make contact. The drivers 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,” said McKenna.
Mckenna also said he didn’t see anything in the video that justifies the trooper asking the driver to get out of the car. “You have a traffic stop, they’re in compliance by supplying their documents, before you can say get out of the car, you need to smell alcohol, you need to smell marijuana smoke in the car, you need to see bloodshot eyes, slurry speech, then you can demand they get out of the car because now you’re investigating a secondary crime, there is no evidence of a secondary crime in this video.”
We reached out to the Nevada Highway Patrol to hear their side. Spokesman Trooper Dave Gibson said after the traffic citation goes through court, the way the traffic stop went will be internally handled. And although the video was posted online last month, Gibson said he did not know when it allegedly happened, but said there is not an investigation at this time.
The video’s poster also claims while she was recording, the other trooper grabbed her, handcuffed her and took her to jail where she also spent two days.
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