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Criminal Law Keyed to Weaver
Carter v. Commonwealth
Facts
Officer B.N. O’Donnell (O’Donnell) pulled over a speeding car around 11:00 p.m. and conducted a routine traffic stop. While O’Donnell was speaking with the driver of the car, O’Donnell used his flashlight to conduct a plain-view search of the car to confirm there were no weapons or drugs inside. As O’Donnell was doing so, he noticed that Carter (Defendant), who was seated in the front passenger seat, had his right hand out of sight. Defendant then drew his hand up and pointed his index finger straight out and his thumb straight up. Defendant pointed at O’Donnell and said “pow.” O’Donnell believed Defendant had a weapon and went for his own service revolver, but O’Donnell quickly realized Defendant was only using his finger as if it were a gun. O’Donnell later testified that it was a terrifying exchange and that he would have shot Defendant if O’Donnell had been successful in accessing his service revolver. Defendant was convicted of assault of a law enforcement officer.
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