Cracking down on Crime in the District...

[Bee]

http://www.washingtonpost.com/wp-dyn/articles/A22456-2004Jul28.html

I'm surprised they didn't strip search her to make sure she didn't have another candy bar hidden on her. :D

[CamEdwards]

unbelievable.

[GrantDawg]

Come on, break copy-right law and copy it here. I don't want to have to register to every online paper out there.

[Bee]

Mouthful Gets Metro Passenger Handcuffs and Jail

By Lyndsey Layton
Washington Post Staff Writer
Thursday, July 29, 2004; Page A01


Stephanie Willett is a 45-year-old scientist for the U.S. Environmental Protection Agency from Bowie whose skirmishes with the law had largely been limited to a couple of speeding tickets.

Until she was caught chewing inside a Metro station.

About 6:30 p.m. July 16, Willett was eating a PayDay candy bar while riding the escalator from 11th Street NW into the Metro Center Station. Metro Transit Police Officer Cherrail Curry-Hagler was riding up.

The police officer warned Willett to finish the candy before entering the station because eating or drinking in the Metro system is illegal.

Willett nodded, kept chewing the peanut-and-caramel bar and stuffed the last bit into her mouth before throwing the wrapper into the trash can near the station manager's kiosk, according to both Willett and Curry-Hagler.

Curry-Hagler turned around and followed Willett into the station. Moments after making a remark to the officer, Willett said, she was searched, handcuffed and arrested for chewing the last bite of her candy bar after she passed through the fare gates. She was released several hours later after paying a $10 fine, pending a hearing.

"We've been doing our best to crack down on people who are consuming food and beverages in our stations because we get so many complaints about it," said Lisa Farbstein, a Metro spokeswoman. "In this instance, the woman was given a warning, which she ignored, and she jammed the rest of the candy bar into her mouth and continued to chew."

Willett said she was being unfairly punished because she made fun of the police officer after Curry-Hagler issued a second warning before the arrest.

"Why don't you go and take care of some real crime?" Willett said she told the officer while still swallowing the PayDay bar as she rode a second escalator to catch her Orange Line train home.

The police officer ordered Willett to stop and produce identification. "I said, 'For what?' and kept walking," Willett said.

In a report, Curry-Hagler said she wanted to issue a citation for eating on the Metro but the PayDay lover refused to stop.

"Next thing I knew, she pushed me into the cement wall, calls for backup and puts handcuffs on me," Willett said.

She said Curry-Hagler patted her down, running her hands around Willett's bust, under her bra and around her waist. Two other officers appeared, and the three took Willett to a waiting police cruiser.

At the D.C. police 1st District headquarters, Willett said, she was locked in a cell with another person. At 9:30 p.m., after she paid a $10 fine, Willett was released to her husband.

"It was humiliating," said Willett, who is to appear in court in October. "It was a complete waste of taxpayers' money and the officers' time as well as mine. It was just about her trying to retaliate against me because I made a comment about how insignificant I thought the matter was."

"I understand the intent of them not wanting people to eat in the Metro," Willett said. "If anything, I was chewing in the Metro."

Farbstein said Willett violated the rules. "Chewing is eating," she said.

Sen. Leo E. Green (D-Prince George's) complained in writing to Metro Chief Executive Richard A. White. "They have better things to do than arrest someone for that," said Green, who has not received a response. "It just seemed way out of bounds."

Metro occasionally has come under fire for what some considered extreme enforcement of its no-eating rules. The best-known example was in 2000, when a transit police officer handcuffed a 12-year-old girl for eating a single french fry on a subway platform.

The incident catapulted Metro into the national spotlight, and talk radio hosts debated whether the agency had gone too far in its devotion to order. A federal judge later said the police were "foolish" to arrest the girl but ruled that Metro did not violate her constitutional rights.

The candy bar arrest follows several recent decisions by Metro that have angered passengers. Metro tried to run two-car trains late at night to save money, but the cars became very crowded. And the transit agency started requiring passengers to pay for parking with SmarTrip electronic fare cards but soon found it was running out of cards.


© 2004 The Washington Post Company

[GrantDawg]

The policewoman she be fined and all charges against the woman should be dropped. Police officers need to learn that things like this erode any respect people give them.

[Desnudo]

She disrespected the officer, was rude to her and ignored her commands to stop. I think she got what she deserved.

[Samdari]

She was on her way into the Metro eating a candy bar, when a Transit police officer told her to finish her candy bar before she entered. She laughed, took the last bite just after entering the system, and mouthed off to the officer. The officer then arrested her, frisking her in the process.

She is now in a huff, and apparently has the Post with her, because she was arrested while breaking the law. She learned what many of us who have gotten caught going 45 in a 35 have learned - if a cop catches you breaking a law you consider insignificant, suggesting they go fight real crime is not the correct approach.

[GrantDawg]

She disrespected the officer, was rude to her and ignored her commands to stop. I think she got what she deserved.
And I think the officer was abusing her power. Police should not be so above the rest of us that a comment that simple would give them a reason to slam someone against the wall and put them in confinement. This is a waste of justice systems already over-taxed time and energy.

[RPI-Fan]

She disrespected the officer, was rude to her and ignored her commands to stop. I think she got what she deserved.

^
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IWS

[RPI-Fan]

And I think the officer was abusing her power. Police should not be so above the rest of us that a comment that simple would give them a reason to slam someone against the wall and put them in confinement. This is a waste of justice systems already over-taxed time and energy.

The situation never would have arisen had the lady not been a complete jackass to the cop.

[Samdari]

The policewoman she be fined and all charges against the woman should be dropped. Police officers need to learn that things like this erode any respect people give them.

No, no, no, no, no.

Desnudo has it right - when a police officer suspects you and gives you instructions to stop, you have to, no matter how self-righteous you feel, and how sure you are you have done nothing wrong. If she had stopped and politely complied with the officer's requests, she would have been given a citation for eating on the metro. It got escalated because of her actions.

[Franklinnoble]

I want photos of these chicks...

She said Curry-Hagler patted her down, running her hands around Willett's bust, under her bra and around her waist.

[Bee]

I want photos of these chicks...

No you don't.

[DanGarion]

The policewoman she be fined and all charges against the woman should be dropped. Police officers need to learn that things like this erode any respect people give them.
Yeah lets go ahead and just remove all small laws like this so people stop complaining about petty insignificant laws... Then eventually we can just get rid of all laws. I mean who cares, right?

[DanGarion]

No you don't.
Yes we do!

*high fives Franklinnoble*

[Bee]

Yes we do!

*high fives Franklinnoble*

Trust me...you don't.

[GrantDawg]

Yeah lets go ahead and just remove all small laws like this so people stop complaining about petty insignificant laws... Then eventually we can just get rid of all laws. I mean who cares, right?
Not what I said. This woman did exactly what officer said for her to do. She finished the bar before entering the metro. That she hadn't swallowed is assinine. This should get thrown out because the woman complied with the law. The officer was being a power-mad prick.

[Celeval]

And I think the officer was abusing her power. Police should not be so above the rest of us that a comment that simple would give them a reason to slam someone against the wall and put them in confinement. This is a waste of justice systems already over-taxed time and energy.
This was completely within the officer's rights, and she did exactly what she should have. Up to that point, she may have been being a jackass - but as someone said up top - once a police officer tells you to stop, you STOP.

The wall and confinement wasn't for the comment. It was for the walking away from the officer, which in my eyes is perfectly legitimate.

[Celeval]

This should get thrown out because the woman complied with the law.
Actually, she didn't. The rule as stated in the article is not to eat or drink inside the Metro station. The station does not begin at the fare gates, which is when she finished eating.

Kevin

[DanGarion]

Not what I said. This woman did exactly what officer said for her to do. She finished the bar before entering the metro. That she hadn't swallowed is assinine. This should get thrown out because the woman complied with the law. The officer was being a power-mad prick.
What's to say the law doesnt' specifically state that someone chewing constitutes eating?

The literal deffinition of the word eating is...

1 : to take in through the mouth as food : ingest, chew, and swallow in turn

Also no where in the article did it say she was "slammed" into the wall. She was pushed which could mean just about anything.

"The police officer warned Willett to finish the candy before entering the station because eating or drinking in the Metro system is illegal. "

She ingored the officers request and continued. If she had complied there would be no pushing or arresting.

[RainRaven]

The officer was pissed off and used the law has her shield. She had the last bite in her mouth when she walked off the damn thing. Write her a ticket but frisking and handcuffing her for that was overdoing it and a waste of time for all involved.

[GrantDawg]

Whatever. It says she put the candybar in her mouth before she entered the station. It should have ended right there.

[Bee]

I'm all for this since I have to ride the Metro and less riders mean more space for my big fat butt. :D

[Samdari]

The officer was pissed off and used the law has her shield. She had the last bite in her mouth when she walked off the damn thing. Write her a ticket but frisking and handcuffing her for that was overdoing it and a waste of time for all involved.

The officer was attempting to do what you suggest, simply write her a ticket. The woman refused to stop for her, thus causing herself to be arrested and frisked and handcuffed and all of the other 'indignities' she claims.

Once the woman refused to stop and produce id so that she could be given her ticket, what do you suggest the officer should have done?

[Samdari]

Whatever. It says she put the candybar in her mouth before she entered the station. It should have ended right there.

That is the woman's claim (and the article was clearly written from her point of view). She would not be the first person to claim some details which differed slightly from the truth when accused of a crime.

[JonInMiddleGA]

I gotta go with the "she brought every bit of this on herself" group on this one.

While the enforcement of the no-eating provision was, IMO, overzealous (since I figure the intent behind that is to cut down on litter on the trains,etc, not to prevent people from eating per se), once she disobeyed the legimitate order to stop (again, I'm assuming the Metro cops are sworn officers who have the authority to give such an order), then the woman's decision not to stop brought forth consequences.

[Bee]

That is the woman's claim (and the article was clearly written from her point of view). She would not be the first person to claim some details which differed slightly from the truth when accused of a crime.


Willett nodded, kept chewing the peanut-and-caramel bar and stuffed the last bit into her mouth before throwing the wrapper into the trash can near the station manager's kiosk, according to both Willett and Curry-Hagler.

[rkmsuf]

Was it really necessary to frisk, cuff her, bring her to the station, toss her in a cell and make a huge production out of this?

Just write her a ticket and be done with it. Good thing the lady didn't reach in her pocket...they would have shot her.

[Samdari]

Willett nodded, kept chewing the peanut-and-caramel bar and stuffed the last bit into her mouth before throwing the wrapper into the trash can near the station manager's kiosk, according to both Willett and Curry-Hagler.

Missed that part.

You don't take up as much seat space as that lady, do you?

Seriously, the officer really should have taken away her Pay Day and given her a rice cake.

[RainRaven]

Did the officer ever answer her question of why to stop? Instead of escalting the sitution further they could have stated plainly the reason why she should stop and allow the women to be informed of her offense before spazzing out like a jerk. The woman could've handled this better as well. I just think it comes down to the idea that it was overzealous enforcement of a law that is probably intended to prevent litter and just spend the time looking out for worse "crimes"

[Bee]

she put the candybar in her mouth before she entered the station. It should have ended right there.

Pretty much sums up my opinion.

[Bee]

You don't take up as much seat space as that lady, do you?



I'll take the 5th on that. :D

[Franklinnoble]

Maybe she just wanted to be patted down by a female police officer...

[rkmsuf]

I think the officer was just hungry and was hoping to find more.

[Subby]

Come on, break copy-right law and copy it here. I don't want to have to register to every online paper out there.If you used FireFox 0.92 with the BugMeNot extension, you would never have to register with another on-line newspaper...

Viva la FoxFire!!!

[DanGarion]

Pretty much sums up my opinion.
It should have ended with her finishing eatinig before entering the station.

[Desnudo]

Was it really necessary to frisk, cuff her, bring her to the station, toss her in a cell and make a huge production out of this?

Just write her a ticket and be done with it. Good thing the lady didn't reach in her pocket...they would have shot her.

Once again, the officer was trying to give her a ticket, but she kept walking away. If a cop tried to pull you over and you kept driving, what would you expect to happen when you finally stopped?

Also, had the lady kept her mouth shut and just ate the candy bar without being a smartass she never would have been put in that situation in the first place. A sure fire way to get your ass in hot water is to give a cop a hard time. Everyone knows this, therefore you are a complete moron if you ignore that knowledge.

[rkmsuf]

Once again, the officer was trying to give her a ticket, but she kept walking away. If a cop tried to pull you over and you kept driving, what would you expect to happen when you finally stopped?

Also, had the lady kept her mouth shut and just ate the candy bar without being a smartass she never would have been put in that situation in the first place. A sure fire way to get your ass in hot water is to give a cop a hard time. Everyone knows this, therefore you are a complete moron if you ignore that knowledge.

Bah, you act like the cop is just some sort of schumk or victim. These people are trained to handle these situations and clearly this officer overeacted to being "snubbed". Again, once she got the women to stop walking, write the ticket and move on. The rest smacks of vindictiveness.

[Bee]

It should have ended with her finishing eatinig before entering the station.

I think to the average person on the street sticking the food in your mouth and throwing away the wrapper before entering would usually be sufficient.

At what point does it count as eaten? Does she have to wait until it's digested? I mean what if it comes back up? Can she be arrested for that? Maybe she needs to wait until she has a BM to be safe...

[Desnudo]

Bah, you act like the cop is just some sort of schumk or victim. These people are trained to handle these situations and clearly this officer overeacted to being "snubbed". Again, once she got the women to stop walking, write the ticket and move on. The rest smacks of vindictiveness.

Bleh, like I said, the woman got what was coming to her. I'm not talking right or wrong, but it's the way the world works. You give a cop a hard time, I'm talking the wise-ass comments before the walk away, and you're asking for it. To complain about it publicly just shows how dumb she is.

[Samdari]

I think to the average person on the street sticking the food in your mouth and throwing away the wrapper before entering would usually be sufficient.

At what point does it count as eaten? Does she have to wait until it's digested? I mean what if it comes back up? Can she be arrested for that? Maybe she needs to wait until she has a BM to be safe...

I agree with all of this. She should not have been cited.

The fact remains that by refusing to be cited, she caused herself to be arrested.

[rkmsuf]

Bleh, like I said, the woman got what was coming to her. I'm not talking right or wrong, but it's the way the world works. You give a cop a hard time, I'm talking the wise-ass comments before the walk away, and you're asking for it. To complain about it publicly just shows how dumb she is.

I guess I was talking right or wrong because clearly this story demonstrates how is works.

[DanGarion]

I think to the average person on the street sticking the food in your mouth and throwing away the wrapper before entering would usually be sufficient.

At what point does it count as eaten? Does she have to wait until it's digested? I mean what if it comes back up? Can she be arrested for that? Maybe she needs to wait until she has a BM to be safe...
Hehe. True. :)

[Desnudo]

I guess I was talking right or wrong because clearly this story demonstrates how is works.

The point I take from the story is why poke a tiger with a stick? Do I think she needed to be arrested? No. Did she bring it on herself? Yes. Should she be shocked or outraged when anyone with half a brain would have done everything the opposite way? No.

If you think it was this one cop, I'd suggest scofflawing something, followed by some wise-ass comments to the cop and walking away while he's telling you to stop.

[Franklinnoble]

Tackleberry would have shot her ass...

[Samdari]

The point I take from the story is why poke a tiger with a stick? Do I think she needed to be arrested? No. Did she bring it on herself? Yes. Should she be shocked or outraged when anyone with half a brain would have done everything the opposite way? No.

If you think it was this one cop, I'd suggest scofflawing something, followed by some wise-ass comments to the cop and walking away while he's telling you to stop.

I can speak from experience on this one!

I have suggested to a cop writing me a speeding ticket that he should be fighting real crime. Guess what, it did not improve the experience for me. I imagine if I had done so after ignoring his command to stop (after all, I was barely over the speed limit) he would have arrested me.

[rkmsuf]

Boy would they have been pissed if somehow she had another PayDay in her pocket and proceeded to eat it while in the jail cell...

[duckman]

Boy would they have been pissed if somehow she had another PayDay in her pocket and proceeded to eat it while in the jail cell...
That's why they have strip searches.

[rkmsuf]

That's why they have strip searches.

I'll bet she could have gotten a Chuckle in there.

[Bee]

I agree with all of this. She should not have been cited.

The fact remains that by refusing to be cited, she caused herself to be arrested.

Agreed.

I guess for me, I put more blame on the cop than on this woman because a cop is supposedly trained to handle these types of situations every day while the woman isn't. I don't think either handled the situation appropriately, but I guess I expect more from the cop because she faces these types of things all the time and the woman doesn't.

[sabotai]

My opinion is they were both in the wrong.

1) The officer overreacted. Simple as that. If the law is there to cut down on litter, and she threw the wrapper in the trash and had the last bite in her mouth as she entered...let it go. Nobody gets pulled over for doing 31 MPH on a 30 MPH limit road.

2) When told to stop, the woman should have. An officer tells you to produce ID, you do it. End of story. She should have been pushed against the wall, handcuffed and humiliated in front of everyone for not stopping and producing ID when told to. (Not because she was eating)

3) 10 hours? And a court date? She did not need to be arrested, she did not need to be put in jail and she does not need to go to court...for a $10 fine. Does that even cover the gas for the cop cruiser that took her from the Metro to the jail? How much money was spent processing her? How much money will be spent in paper work leading up to the court? How much money will be spent on the trial and after the trial?

For a $10 fine? No wonder government on every level is hemorrhaging money.

[Bee]

Well, I'm headed to the Metro in a little bit so I better go the bathroom in case I'm arrested.

L8rs

[Franklinnoble]

Hey, ten bucks is cheap for a night of prison sex...

[rkmsuf]

being felt up by a female officer...priceless.

[RPI-Fan]

The idea that the cop is wrong because she's not handling "real crime" is ridiculous.

The cop is told to monitor the subway, and I'm guessing particularly enforce the no-eating rule (by doing as she did... telling people who have to stuff to finish it before getting on).

The lady kind of did this in a slightly wiseass manner, disrespecting the cop. The cop doesn't appreciate it, and decides to write a ticket. Was that completely and absolutely necessary? No - but given that the lady was kind of a jerk, it's not indefensible.

Everything after that is CLEARLY the defendant's fault. Making wiseass comments to a cop who you've already pissed off is just freaking stupid.

[Ksyrup]

To me, this whole situation is akin to a baseball ump instigating an argument with a player. Player voices a challenge to a strike call, but doesn't outwardly show the ump up, and then the ump unnecessarily takes it a step further by arguing back and engaging the player when the issue could have been let go. Once that happens, the player blows up, gets ejected, and throws bats and gatorade onto the field.

The ump is wrong for forcing the situation to get out of hand; the player is wrong for his actions once he's ejected.

They both should be fined.

[JeeberD]

If you used FireFox 0.92 with the BugMeNot extension, you would never have to register with another on-line newspaper...

Viva la FoxFire!!!

Awesome! Thanks, Subby!

[WSUCougar]

To me, this whole situation is akin to a baseball ump instigating an argument with a player. Player voices a challenge to a strike call, but doesn't outwardly show the ump up, and then the ump unnecessarily takes it a step further by arguing back and engaging the player when the issue could have been let go. Once that happens, the player blows up, gets ejected, and throws bats and gatorade onto the field.

The ump is wrong for forcing the situation to get out of hand; the player is wrong for his actions once he's ejected.

They both should be fined.
Good call. I concur.

[mgadfly]

When a law enforcement officer tells you to stop, you should probably stop. However, in this case (say if it came before the Judge I work for), the police officer didn't have any probable cause that a law was being violated to begin with (the woman had complied and there is no law against being a smart ass).

The cop was clearly wrong in asking her to stop to give her the citation, and everything after that point, regardless of how cooperative the woman was, is moot. If it comes before our court in context of the ticket (which it wouldn't since I'm in Federal District) you give the state counsel a major tongue lashing and hope that it gets back to the officer (which it would).

If it is a civil case you find as a matter of law that the police officer had no right to stop the woman (she completely lacked probable cause for a Terry stop-or a stop for a citation) award her summary judgment and listen to argument about damages.

[Celeval]

When a law enforcement officer tells you to stop, you should probably stop. However, in this case (say if it came before the Judge I work for), the police officer didn't have any probable cause that a law was being violated to begin with (the woman had complied and there is no law against being a smart ass).

The cop was clearly wrong in asking her to stop to give her the citation...
I still disagree. ;) The woman was asked to finish before entering the station. She entered the station with the bar, finished putting it in her mouth when going through the pay gates, and was still chewing (and mouthing off to the cop) while riding up the next escalator. Does she deserve a citation? Probably not, but was the cop in the right to give her one? Yep - just as you can get a speeding ticket for going 60 in a 55, and get hit with a late fee at Blockbuster for bringing it back at 2pm. If she didn't want a citation, she should have finished eating before she entered the station. Anything other than that was taking a chance. Talking back to the police officer pretty much guarenteed that she wasn't going to get the benefit of kindness.

[mgadfly]

When does "eating" stop and "digestion" begin? ;)

I'm not sure the government has a right to be stopping otherwise orderly people, forcing open their mouths, and giving them citations based upon what they find there. (At least when the public interest, as it is in this case, is so minimal.)

The purpose of the law is to prevent people from making a mess of the subway. The woman didn't violate the purpose of the law (in fact the officer saw her put the garbage in the can and the food in her mouth as she entered, thus complying with the request and living in accordance with the purpose of the rule). Additionally, the garbage can she put her wrapper in is there for just the purpose the woman used it for (at least that is the way I used it--and everyone else I observed--when I worked in DC... last bite of food into the mouth, garbage into the can, scan my metro pass, and through the turnstile I go).

The smartass attitude of the woman might be a factor when considering damages, but just as citizens have to live within the rules, so must the police (at least here in our country). The police officer was way out of line and used her power to get back at the woman for the attitude, rather than any real infraction. (I'm actually kind of glad the woman got roughed up and tossed in the tank for a few hours, but at the same time the police officer's actions were ultimately illegal and she should pay the consequences of those actions. Next time someone is a smartass maybe she'll just be a smartass back and be on her way rather than abusing her position.)

[clintl]

The cop was wrong throughout the whole incident after the woman threw the wrapper away. What the woman was stupid, but some judge needs to seriously crack down on the cops' enforcement methods there. Nobody should have to put up with being harassed by cops AFTER they have complied with the law.