👮♂️Deputy: "Well, flipping people off is a road rage incident."
Montgomery County, TX: A constable stops a driver named Patrick after he flipped the officer off. After some conversation the constable calls for a drug sniffing K9.
Deputy Moller arrives.
The dog walks the car and does not alert.
Moller tells Patrick there was no alert, then asks if he uses drugs. Patrick replies he wouldn’t say yes or no — none of the deputy’s business.
Patrick asks Moller if a raised finger was worth all of 'this trouble', the officer then calls the middle finger a “road rage incident.”
A rude gesture is still protected speech.
A non-alert is not probable cause.
Extending a stop and fishing for a drug admission after the dog already said no raises obvious Fourth Amendment questions.
❓If an officer will make up PC to stop a person after they give them the bird, what else will they make up PC to stop someone for?
❓If the constable called for the K9 because of the finger, was that already an unlawful extension?
❓Did using “road rage” language give them cover to extend a stop that should have already been over?