This is, with a few exceptions, the verbatim Supplemental Report that was submitted along with the two traffic citations issued. While we typically submitted a report along with all of our citations, this one required a bit more documentation because the subject, a very pretty, blond, blue eyed, young lady, was partially naked. When an officer comes across these instances, and they occur more often than not, it was more than wise to make certain all your T’s were crossed, and your I’s were dotted to help prevent any complaints or false accusations of misconduct, particularly when there are no other witnesses on your behalf! …And did I say thank God for audio tape! Please allow me to make a few comments about the style of how police reports are written. Typically, reports are written in the “third person” and the writer is referred to as “Reporting Officer” or R/O for short. The individual is referred to as “The Subject.” If more than one subject is involved, it might say, “Subject Smith” or “Subject Doe” to help keep the individuals straight. The very first paragraph of the report may seem trivial, but it’s important. It gives a summary in very short order some very necessary facts:
So, what are the few exceptions I’ve mentioned? The main exception is that I’ve changed the name and identifying information for the subject. I’ve also added my comments, which were not part of the report within parentheses, and in italic text. (Like This!) Something that the reader may wonder; The subject was charged with two traffic violations. Since she was naked, why was she not charged with Public Indecency, or Indecent Exposure? Under Nebraska Law, Public Indecency is described as the “Public display one’s genitals with the purpose to affront or alarm another person.” So this excludes anyone, male or female for being topless, and so long as no one is upset or alarmed about it, (i.e. no one complains,) all the other areas of the body are fair game. …And, as you may know, the supreme courts have ruled that a “Police Officer’s peace cannot be disturbed." So again, whether it’s loud music, or a naked person, is no one else complains, there's no law I can cite or arrest for. Now,
on with the report! VALLEY
POLICE DEPARTMENT REPORT NUMBER: V91-074 DATE/TIME: 02:18, WED, MAY 15-91 SUBJECT:
DOE, SHANNON J. DOB: NOV 19-73 THIS
REPORT BY: SCHULZE, RANDAL R. OFC2, V114 VALLEY PD TELEPHONE: 402-359-2251 DEPARTMENT DIRECTED TO:
------------------------------------------------------------- At or about 2:18 AM, May 15, 1991, while on regular patrol in the marked patrol car, Reporting Officer II, V114, Randal R. Schulze of the Valley Police Department was in the parking lot of the Taylor Quick Pik, located at 310 East US Highway 275, in the City of Valley, Nebraska. At 67 degrees, the skies where cloudy with no wind. After a recent thunder shower, the road surface was wet. Traffic was very light. (I was actually about to get gas for the patrol car.) At that time, R/O observed the westbound subject vehicle enter the City of Valley at a rate of speed which was clearly in excess of the posted 40 MPH speed limit. After the subject vehicle had passed, R/O maneuvered the patrol car onto US-275, and stopped to obtain a stationary radar clock. B-36 Doppler Radar indicated a speed of 66 MPH with the forward antenna in the stationary mode, while the subject vehicle was in the East 200 Block of US-275. (B-36 Radar checked by R/O for accuracy at 11:10 PM, May 14, 1991.) (By my estimation, the car actually flew by me at 80 plus miles per hour. By the time I was able to position the radar, I clocked the vehicle at 66 miles per hour.) As R/O began to pursue the subject vehicle, R/O observed the subject vehicle at the intersection of Spruce Street to suddenly brake, then spin in the intersection a full 180 degrees back to the east, so that the subject vehicle was now facing R/O's westbound patrol car in the westbound lanes. As R/O approached, the subject vehicle backed around onto North Spruce Street, then turned and began to proceed west again. By this time, R/O had activated the red and blue rotating lights, as well as the siren system to signal the subject to stop. The subject pulled in to the lot of the Phillips 66 Service Station at 210 West US-275 and stopped. R/O made contact with the driver, a white female, age 17. R/O requested an Operator's License, Vehicle Registration, and Proof of Insurance. The subject provided R/O with the Registration and an insurance card, and offered R/O the vehicle title. The subject stated that she could not locate her purse, which contained her Operator's License. R/O detected a faint odor of alcohol beverage emitting from the vehicle interior. R/O asked the subject what was the problem, which had caused her to be driving in the manner which she had been observed. The subject told R/O that she had been at a small party at Omaha, after which she provided a ride home for a friend who resided in the area of 144th and 'Q' Streets. From there, the subject advises that she became lost, was late getting home, and was out of fuel. The subject added that she was supposed to be home at 12:30 AM. As far as spinning out with the vehicle, the subject said that her brakes where bad. (Yeah, yeah, sure, sure... This kid was a very, very long way from 144th and Q Street. Additionally, if she was trying to get to Omaha, she was going the wrong direction!) R/O looked at the interior of the subject vehicle, which is a Toyota Celaca, Hatch Back. R/O observed that the back seats where folded down in cargo fashion. Inside, R/O observed a number of items of clothing, including women's undergarments. One item of clothing was made of denim, and appeared to have possibly been a purse. R/O pointed out this observation to the subject, that her purse might be in the back, and that she might want to check. The subject got out of the car, and bent over into the back seat area. At this time, R/O observed that the subject's white shorts had the back side completely ripped away, and that the subject was not wearing any under garment, causing the entire buttocks to be virtually naked or exposed. (Ok... What we have here is essentially a young woman who is naked from the waist down, bending over in front of me while she is looking for her purse in the back of her car. From my point of view, with the aid of a krypton flashlight, I was looking at her tonsils from the opposite end of her body!) The subject came back out of the car, and told R/O that the item was not her purse. R/O asked the subject if she had been attacked or assaulted. The subject replied that she had not. R/O advised that the question was asked, as it was observed that her clothing was torn apart. The subject off handedly replied, "Ah that, (pointing to her rear end,) that's been that way for a while." The subject did not appear concerned that her back side was exposed. (Allow me to emphasize "The subject did not appear concerned that" she was naked from the waist down.) R/O asked the subject to stay in her car, and to look for her purse. Returning to the patrol car, R/O requested via radio, a routine records check, and requested the operator to make and entry on the log that the female was partially unclothed. The results of the records check indicated no wants or warrants. R/O prepared two citations: 1) Speeding, 66 MPH in a 40 MPH Zone, (666924,) and Careless Driving, (666925.) R/O requested the subject to submit to a preliminary breath test, and read to the subject the Preliminary Breath Test Advisement, (Form A040887 6/88,) which is acknowledged by the subject's signature at 2:34 AM. The results of the test indicated that the subject had consumed some alcohol beverage, but that she was not intoxicated. R/O presented the citations to the subject for her signature, explaining the options and procedures she may follow to settle the citations. R/O asked the subject if she desired that R/O have the dispatcher to contact her mother, to let her mother know of her whereabouts, and that she was alright. The subject agreed, and gave R/O her telephone number. Communications soon advised that the telephone number was busy. The subject told R/O that her mother often takes the telephone off the hook while sleeping. (Another great candidate for Mother of the Year!) R/O began to advise the subject the directions back to Omaha, so that she could return home. The subject interrupted R/O, and pointed out that her car was nearly out of fuel. R/O examined the fuel gage of the subject vehicle and observed that the needle was firmly on empty. R/O told the subject that the Taylor Quick Pik was open for business nearby, and she could purchase fuel there. The subject reminded R/O that her purse, (and other items,) where missing, and apparently stolen from her car, and as such she had no money. The subject stated her intent to drive as far as she could toward Omaha, until she ran completely out of fuel, and then sleep in the car at that location. R/O asked the subject if there was any other person whom she might be able to telephone. The subject replied, no. R/O told the subject that due to her young age, the time of night, and her present condition, i.e. lack of clothing on her person, that R/O could not allow her to simply spend the night in such a fashion. (Since this 17 year old kid is a minor, I am now to a degree, responsible for her safety. If I can't get someone to take her home, or provide reasonable means to get her safely home, I would be forced to take her into custody.) R/O escorted the subject and her vehicle to the Taylor Quick Pik, where R/O provided to the subject, Two Dollars worth of gasoline at R/O's personal expense. (Refer Personal Check Number 1179 to Taylor Quick Pik.) While pumping the fuel for the subject, R/O pointed out to the subject that there where other items of clothing in her vehicle, and recommended that she go into the service station rest room, and put that clothing on. The subject declined, stating that the other clothing was not her own, and indicating that it was no big deal. With regard to the alleged theft of the subject's purse from her vehicle, R/O advised the subject to make contact with the Omaha Police Division, first thing in the morning. (Gas was much cheeper then. $2.00 worth of regular in a Toyota would take her a long way. And what is with this kid? She's butt naked, (no pun intended,) and she thinks it's no big deal?) R/O again provided directions to I-680 at Omaha, and advised the subject that R/O would escort her as far as NE-64/East to make sure she was headed in the right direction. R/O cleared the incident with Communications at or about 2:44 AM. The entire contact with the subject is recorded on audio cassette tape.
------------------------------------------------------------- The above report documented the known facts. What I was not able to include, is what I think really happened. Based partly on the rumors heard around town over the next week or so, I was able to speculate on some of the events. I believe that the subject met one of our local citizens at the party in Omaha who was one of our frequent flyers. He had several outstanding misdemeanor warrants for his arrest. He was likely “the friend” she had been providing a ride to, and he probably also told her he would put gas in her car. This would explain why she was heading in the wrong direction to get to Omaha while low on fuel. The local citizen mentioned above, lived in Valley, and along with his brother and father had been an irritation for the police since he was about 14 years old. He was also a known womanizer. I speculate that while they were on the road to Valley, the subject, and her newly found boyfriend did not have any pants on at all. One of the articles of clothing found in the back of the subject’s car had been a pair of men’s blue jeans. These were the cloths she had declined to put while she was at the convenience store. After they encountered the police car on the east side of the city, I believe one or a combination of two things happened. A) In her haste to put her shorts back on, she literally put her feet through the seat of her pants, ripping them apart. While doing this she momentarily lost control of her car, and it spun out. B) Her boyfriend forced her to suddenly stop the car, and in so doing, she temporarily lost control of the car. When the car spun out at the intersection of US-275 and Spruce, and momentarily came to a halt, it’s believed that this gentleman bailed out of the car and ran to avoid arrest. While
I missed an opportunity to apprehend a wanted fugitive, I did enjoy
some humor in the thought of this dirt bag suffering the indignity
of trying to get to his home across town, while avoiding capture
by the police, in the middle of the night without any pants! I was very surprised to learn that the subject had plead Not Guilty, and the matter was scheduled for trial a few weeks later. My Prosecutor was Bridget (Brochtrup) Erickson, and we appeared before then County Judge, Mark Ashford. When Bridget reviewed my report, I thought her eyes were going to pop out of her head. “You’ve GOT to be kidding!” I also informed her of my speculations, which she agreed were not only plausible, but likely. Before becoming our Prosecutor, Bridged had worked on the juvenile side of the Criminal Justice System, and she had some expertise on child protection issues and advocacy. The trial began quite normally. I was examined by Bridget in a very routine manner, and the facts were stated by me as they pertained to the offenses. The subject was represented by her Mother, who did not cross-examine me, but preferred to address the Court instead. She told Judge Ashford that she thought that while the facts of the offense may be true, the Arresting Officer had exaggerated in his observations, and that Careless Driving was too serious of an offense to have been charged. The Judge asked, “What had been exaggerated?” Mom replied, “What do you mean?” Judge Ashford then asked, “Had your daughter been speeding? Did her car spin out at the intersection of the highway? Did she tell the officer that she had faulty brakes? Had she been drinking?” Mom agreed that all these issues were apparently true and accurate. Judge Ashford then advised, “The charges of Speeding and Careless Driving made by the Officer correctly fit the incidents, and in actuality, the Officer provided some restraint and leniency in that he could have cited your daughter for Reckless or perhaps Willful Reckless Driving. Unless you can demonstrate that the Officer’s observations were incorrect or false, I’m inclined to belive that the charges fit the crime.” Judge Ashford asked if the State or the Defendant had anything more to offer before finding the subject guilty as charged. With recognition that until now, subject had a very clean driving record, the Judge imposed a very lenient sentence of fines and costs. Bridget told the Mother not to leave, and that she needed to talk to her about the other issues regarding the incident. I suggested that Bridget should ask Mom for my two dollars back! Bridget came back to me later and told be the jest of the conversation with Mom. Clearly, that fact that the subject was traveling about the county without her pants on was discussed, but Bridget pounded on the fact that Mom had taken her phone off the hook, so that the police were unable to summon her to come to the aid of her minor daughter was not only irresponsible, but a danger for the child! Bridget didn’t say it, but I’m pretty sure she pointed out that neglect charges might be in order. Bridget also told Mom that her daughter was fortunate to have come across me specifically, as I was known to her to be one of the most honest and ethical officers in the State! Yet,
I never got by $2.00 back…
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