✓ The reason why this officer reacted so violently is never disclosed. If the officer had a reason to be so aggressive, he certainly did not articulate it for the record.
✓ Trooper is on duty at 1:22 am in a rural and quiet area. There is only one car on the road. Cop is in an unmarked squad car. He turns around and follows Defendant where he says he was “looking for violations.” Naturally, he approaches the car with his gun drawn.
✓ The trooper testified that when he first saw the car he “had no real suspicion at that time” of DUI or anything else.
✓Even a prostate, pro law enforcement officer judge had to vote for the defense in this one.
✓ “It is well settled that not every encounter between the police and a private citizen results in a seizure.”