Officer had no grounds to arrest her!
After I had administered the PBT, Mrs. Witherspoon began to hang out the window and say that she did not believe that I was a real police officer. I told Mrs. Witherspoon to sit on her butt and be quiet. I placed Mr. Toth under arrest for DUI. When asked his age, Mr. Toth stated that he was 42 years old. I had Mr. Toth sit on my push bumper. Mrs. Witherspoon got out of the vehicle and walked up to me and Mr. Toth. I asked, 'What had I already told you? Mrs. Witherspoon asked what was going on.
I told Mrs. Witherspoon that Mr. Toth was under arrest. I told Mrs. Witherspoon to get back into the car. Mrs. Witherspoon stated that she was a 'U.S. Citizen' and that she was allowed to 'stand on American ground.' I put my hands on Mrs. Witherspoon's arms to arrest her. Mrs. Witherspoon was resistant but I was able to put handcuffs on her without incident due to Mr. Toth calming her down.
Yes she did come out for the 3rd time!
In his report he did not state his grounds for arrest in relation to her husband!
2nd he indicated that he placed her under arrest however he had no grounds to ask her to remain in the vehicle! She was not obstructing an officer - she wanted to know what was happening!!!
If an OFC had concerns i respect to his safety, then WHY DIDN'T he call for back up?!
CPL csme by after the incident and arrests were made.
He had no legal grounds to ask her to sit in the vehicle!!!
She was not detained.
She was not under any investigation as she was not driving!
Simply she did not commit any offence.
She was neither hindering or obstructing an officer.
Her husband's arrest was justified!
Hers however was not!