Posted on 09/07/2017 12:23:35 PM PDT by conservative98
On July 25, 2016 Amanda Houghton called police for help after she was rear-ended at a stoplight. She expected Layton City officers would help her, but instead she was arrested for DUI and subjected to a body search that left her feeling violated. The arrest was recorded by a police camera. “I was shocked. Who arrests a sober person for DUI?” she said. She failed a field sobriety test but says it was because she was shaken after being hit at about 30 miles per hour. Her car was totaled after the crash. Houghton is also upset that after she was put in handcuffs, the officer searched around her breasts to check for drugs or weapons. She is now pursuing legal action against the city of Layton. At the same time, has to worry about the DUI and resisting arrest charges that have not been dropped, despite the fact that blood tests -- one done by police, the other by the hospital -- showed she had no drugs or alcohol in her system. Her criminal defense attorney, Jonathan Nish, said he filed a request for the court to throw out the DUI charge. “I don’t’ believe they should have administered the field sobriety tests at all in this case,” he said. Houghton has also hired attorney Robert Sykes who has put the City of Layton on notice that they are seeking legal action. Sykes said the officer had no basis for suspecting she was under the influence and the search of her person was unconstitutional. “I think this amounted to an unconstitutional search of a woman without a necessity to do so,” he said. Layton police disagree. A police report by officer G Schatzman indicates Amanda exhibited odd behavior and gave “short quick answers to questions and she was speaking rapidly. Amanda was unable to stand still and seemed to be making jerky movements,” when he came into contact with her. During the field sobriety test, she didn’t pass and showed physical clues that she was under the influence. Lt. Travis Lyman said his officer did the arrest by the book and had reasonable suspicion that Amanda was DUI. He said the search around her breasts is taught in the police academy. Male officers do it when a female officer is not around. “That’s standard practice. Anytime someone gets arrested they are going to be searched,” he said. Lyman confirmed the blood tests showed Amanda had no drugs or alcohol in her system but said it’s up to prosecutors and the judge to determine if the charges will be dropped.
Good answer.
Yeah, but if you want to file an insurance claim I think you need a police report.
Where is Layton? In Syria?
Where is Layton? In Syria?
She said she wasn’t drunk, that’s all the evidence I need. What a waste of bandwidth.
Don’t they have female officers to search her? I would have demanded one!
this happened july 2016. what’s the point of posting this a year later, particularly since if was resolved last December?
http://archive.sltrib.com/article.php?id=4663858&itype=CMSID
Or is this just a random anti-cop post?
At the very least, call a friend first. People don’t really understand that “everybody’s a potential perp” when the cops are on a call.
But I’m curious about the car that rear-ended her. Where was that guy?
If someone is upset because they were just in an accident, of course they’re not going to act normal. The cop is a jerk, and the department is sticking up for him.
“Yeah, but if you want to file an insurance claim I think you need a police report.”
Yes this is true. as for field sobriety tests I have failed those when I was stone cold sober. I was put under arrest. I just told the officer to get the brethalizer down and I would take it! He realized then and there I was not drunk and just sleepy. He ordered me home and to bed. (it was 4 am).
“Or is this just a random anti-cop post?”
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That’s exactly what it is-——it’s the way some people have fun.
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I’m glad he posted it.
One record everything when being pulled over.
Two. don’t lose your head.
Three if you are female demand a woman officer search you!
I can’t pass a field sobriety test - diabetic neuropathy in my feet makes my balance iffy.
But I can pass a breathalyzer. Did she ask for one?
She said she wasn’t drunk and she was rear-ended (i.e. didn’t cause the accident). That would be enough for me.
The problem is that a sobriety test would not have been very useful since even if she was totally drunk she could have started drinking AFTER the accident. Any two bit DUI lawyer could get you off on that alone.
This whole thing stinks to high heaven.
“The problem is that a sobriety test would not have been very useful since even if she was totally drunk she could have started drinking AFTER the accident. Any two bit DUI lawyer could get you off on that alone.”
I’ve had accidents, but never have I wanted to go drink after them!!
I have been full of adrenaline and wound up.
Nope. Not in most cases (Uninsured Motorist hit and runs being the normal “must-have”).
There's a Layton City, UT. North of Salt Lake City, between there and Ogden. If it's the city of note in the story, I'd say Utah has some issues with the local constabulary.
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