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.
6 Comments
newtboyWTF?!? They still do field sobriety tests without a breathalyzer to back them up? That's moronic. They could supply the entire force with two breathalyzers each for what this one bad arrest is going to cost us.
....and WTF 2.0....
Aren't they supposed to have female officers search women. That was not a normal search either, you don't open palm the breast and rotate, that's copping a feel, not searching. Proper search method is to use the back of the hand across the under side of the breast, and maybe a pat to the middle/top if it's possible there's something hidden, not a grab and rotate.
She's going to get paid, no matter what the cops say. All her attorney has to do is ask the jury 'what if that was your wife, mother, daughter being molested over someone else's mistake?' They won't have to leave the court room to deliberate. Sadly, the cops don't seem like they'll learn a thing.
aaronfrI didn't see any groping, or actually any contact with the his hand to her breast. He had a flat, open palm the entire time and was using his thumb to check for any objects in the bra/cleavage.
I get that she was caught off-guard by the search and the officer should have explained what he was doing before beginning. This might also have been a wrongful arrest and unconstitutional search, but there is no video evidence that this is sexual assault.
not a grab and rotate.
newtboyyou're welcome to your opinion, but there's a reason they are supposed to use the BACK of their hand rather than an open palm, and a reason why they are supposed to have a female officer conduct the search. There's no reason for the officer to have ignored those two things he's been trained to do. Cuff her, seat her, and wait.
I saw groping and rotating. I saw it again when I watched again. Her breast moved. I would vote for the plaintiff in her lawsuit against the force.
I didn't see any groping, or actually any contact with the his hand to her breast. He had a flat, open palm the entire time and was using his thumb to check for any objects in the bra/cleavage.
I get that she was caught off-guard by the search and the officer should have explained what he was doing before beginning. This might also have been a wrongful arrest and unconstitutional search, but there is no video evidence that this is sexual assault.
transmorphersays...Amazing that they don't just use a breathalyzer.
Even if she was drunk/high out of her mind, why would they need to search her?
aaronfractually, there is no law requiring that a female officer be present or conduct a search of this type. If the search required the female suspect to remove anything beyond a coat, headwear, gloves, or footwear, than a female officer should conduct it as this is considered a strip search. However, a basic pat-down (which was being conducted in this video) can be carried out by a male officer to a female suspect.
Should he have used the back of his hand? Possibly. It's a good practice but once again not a specific regulation that officers have to follow. The back of the hand would not have been effective for the area of the body he was attempting to search. Perhaps he could have used the edge of his hand along the pinkie side. Regardless, there was nothing improper in his search methods, it just wasn't following best practices.
The real travesty here is the use of field sobriety tests being used/manipulated to wrongfully arrest a woman who called for help.
newtboyNot a law, but the rule because of incidents just like this.
I'll stick with TSA standards which forbid open palming a breast...because of incidents like this.
Can they legally ignore these 'rules'? Sure, but it leaves them wide open for a lawsuit, and public opinion is not on the officer's side anymore. Will he go down for molestation, probably not. Will she win her lawsuit, probably.
actually, there is no law requiring that a female officer be present or conduct a search of this type. If the search required the female suspect to remove anything beyond a coat, headwear, gloves, or footwear, than a female officer should conduct it as this is considered a strip search. However, a basic pat-down (which was being conducted in this video) can be carried out by a male officer to a female suspect.
Should he have used the back of his hand? Possibly. It's a good practice but once again not a specific regulation that officers have to follow. The back of the hand would not have been effective for the area of the body he was attempting to search. Perhaps he could have used the edge of his hand along the pinkie side. Regardless, there was nothing improper in his search methods, it just wasn't following best practices.
The real travesty here is the use of field sobriety tests being used/manipulated to wrongfully arrest a woman who called for help.
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