During routine traffic patrol, two (2) police officers from Weatherford, Texas, observe a young man walking across
of Weatherford College. The young man was wearing jeans and a black-hoodie. The young man approaches a fo
driver’s door. As he is entering the vehicle, the two (2) police officers pull their vehicle behind the car the young m
At the same time, a small crew of students, working on a project for their Federal Government course, are filming
circle. The students observe the police vehicle pull in behind the young man. The group of students return to their
The first of the two officers, a rookie of the Weatherford Police Department, approaches the vehicle, identifying hi
Smith asks the young man if he is a student of Weatherford College.
Officer Smith: “Good day. My name is Officer Smith. Are you a student here at Weatherford College?”
Young Man: “Yes Sir.”
Officer Smith: “Do you have any identification?”
Young Man: “Not on me. It’s in my dorm room.”
Officer Smith: “What is your name?”
Young Man: “Craig.”
Officer Smith, concerned that the young man who has only identified himself as Craig may be lying, asks his partn
Officer Jones is a 10 year veteran of law enforcement.
Officer Jones approaches the vehicle.
Officer Jones: “O.K. Craig, what is your last name?”
Craig: “Why does it matter? I’m not doing anything wrong.”
Officer Jones: “That’s what we are here to determine. You are required by law to give your name. Are you refusing
inquiry?”
Craig: “I told you my name is Craig. I’m not doing anything wrong.”
Officer Jones: “Step out of the vehicle and let’s sort this out.”
Craig begins to shut the door to his car, defying Officer Jones’ order to exit the vehicle.
Craig: “I’m not getting out of my car. You cops kill people like me. I haven’t done anything wrong.”
Officer Jones uses his leg to block Craig from closing the door to the vehicle and begins to reach for the Taser on
demands that Craig exit the vehicle.
Officer Jones: “If you do not comply with my order and step out of that vehicle, I will use my Taser.”
Before Craig can respond, Officer Jones pulls his Taser from his duty belt and fires at Craig, striking him on the le
begins to convulse as Officer Jones continues to shock Craig. Officer Smith, surprised by the sudden escalation o
door open, steps back three paces, and fires his T  aser at Craig, striking him in the stomach. Craig cries out in pai
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The group of students filming hear Craig’s cries of pain and turn their attention and their cameras towards the act
a suspect on the ground, the group approaches, focusing their cameras on Craig as he cries out in pain. Officer J
squarely in Craig’s back while screaming, “Stop resisting!!”
A member of the group of students, Sarah, shouts, “He’s not resisting. You’re hurting him,” as she films the scene
spins around and for the first time sees the group of students recording them. Officer Jones shouts, “Deal with it,”
head nod.
Officer Smith drops his Taser and pulls his service pistol from its holster. He trains his pistol on Sarah and shouts,
ground, NOW!” Officer Smith reaches for the radio on his shirt and radios for assistance.
Officer Jones has successfully cuffed Craig and lifts him to his feet, walking him to his patrol vehicle. He then turn
Officer Jones instructs the students to remain on the ground. He then instructs Officer Smith to holster his firearm
the order of the veteran officer.
Officers Jones and Officer Smith demand that each student laying on the ground set their phones out in front of th
each phone and places them on the hood of his patrol vehicle. As he is picking up the phones, Officer Jones decl
business filming the officers as they were engaged in the detention of Craig. He claims that he is seizing all of the
As Officer Jones is instructing the students to stand up, a supervisor’s vehicle approaches the scene. A senior Lie
vehicle. Officer Jones provides the Lieutenant with the following information:
Officers Jones and Smith were conducting a routine stop of the suspect, Craig.
The suspect refused to give his full name and attempted to block Officers Jones and Smith from a “Terry Stop,” pa
Officer Jones deployed his Taser with the suspect refused to comply with Officer Jones’ orders.
Officer Smith deployed his Taser when he determined that the suspect was resisting arrest.
The group of students was “illegally” recording the stop and their phones have been seized as evidence.
The Lieutenant advises Officer Jones to take the names of all the students present; to secure their phones as evid
charge him with resisting arrest.
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You are to answer the following questions based on the fact pattern above:
Was the initial contact between Officer Smith and Craig justified?
Did the detention of Craig comport with the Fourth Amendment’s prohibition against, ” unreasonable searches an
Based on the information above, was Craig “resisting arrest?” If you feel there is missing information necessary to
information you believe is needed to make such a determination?
Was the seizure of students’ phones reasonable under the Fourth Amendment? Are there First Amendment implic