Bizarre, Criminal law, Torts

Keeping Abreast of Crime: Police Officer Arrested For Allegedly Pulling Over Women To Look At Their Breasts

There is a bizarre case out of Miami where officer Prabhainjana Dwivedi, 33, was arrested by the FBI for allegedly pulling over female drivers solely to look at their breasts and make “sexually suggestive conversations.” What was most striking about the story is that this was an FBI investigation based on the claim of a civil rights violation. It shows how far federal jurisdiction has extended into previously state areas.


The FBI says that it witnessed Dwivedi pulling over women “without probable cause, reasonable [suspicion] or other lawful authority to conduct a stop.” In one incident, he asked a woman to “lower the zipper on the front of her dress down past her breasts to her mid-stomach.” He held her for one hour and 20 minutes before being released without a citation. In another incident, he allegedly noticed a child seat in the car and threatened a 24-year-old woman that, if he arrested her, she could lose her child. When she asked to take a sobriety test to show she was not intoxicated, he refused. He then reportedly discussed the woman’s breast enhancement surgery, and asked “if she had any photographs of her breasts.” She then reportedly let him see photos on her phone. He stated, according to the complaint, that he wanted to see the scars from the surgery and unbelievably “M.F. then lifted her shirt and showed Dwivedi the scar.”

There is also the basis for a tort action in this case. While there is no false arrest, there is the intentional infliction of emotional distress. It would make for an interesting case with the woman who consented to lifting her shirt. To the extent that she felt reasonably compelled by the show of authority, the consent would not be a viable defense. Privacy claims are difficult due to the fact that much of the viewing was in public. However, requiring the unzipping of clothing under the display of authority would raise such a claim. Clearly a veiled threat to one’s custody over one’s child would be sufficient to deny an argument of consent.

In either the criminal or tort case, Prabhainjana Dwivedi will likely argue that the stops were justified and it could come down to any video evidence or witness testimony from the FBI agents.

Source: CBS

80 thoughts on “Keeping Abreast of Crime: Police Officer Arrested For Allegedly Pulling Over Women To Look At Their Breasts”

  1. Idealist:

    The post of mentioning the WWF was not addressed to you. It was a response to BarkinDog’s insult of Professor Turley. You and I are fine.

  3. This appeared to be pointed at you as it followed after a sentence aimed by name at you.
    “Assuming that comments are being pointed at oneself is foolish, unless it begins with your name. Some nice people taught me that here. Hard to remember at times.”

    It was in fact meant for your opponent. But forgot to put his name there.
    Re-reading before posting is absolutely necessary for me if it is more than one sentence. Best so then also.

  5. Woosty,

    I said NOT YOU. My bad…! You came with vitriol, and I did not condemn its use.

    I only used the conflict to comment on how combative it is here, and searched after causes: lawyer profession’s nature or the need of lawyers of venting after a hard day’s losses.

    Brevity (or lack of lucidity) can be overdone.

    My humblest apologies.

  6. Wow! Such wit. Ordinarily, one would have to watch the World Wrestling Federation to experience such a fine repartee.

  7. and if you have some kid writing this stuff for you while you are away at Busch Gardens on the roller coaster, then hire a better kid.

  8. The subject matter of the article had some interesting aspects, however, the turley lead-in gives us not much. So, Turley, if you are a constitutional law professor, do better next time.

  9. venting? not so much lately but my goodness I am sick of getting clobbered by people who read into stuff my intentions. Is it so difficult to reality check BEFORE running someone through? I am not normally a vitriolic person but I guess this world demands some amount of it…

  10. Darren and Woosty are cooking again.

    Darren, that was indeed encouraging. Let’s hope Malisha sees it.

    Woosty, your vitriol has no end when needed.

    Assuming that comments are being pointed at oneself is foolish, unless it begins with your name. Some nice people taught me that here. Hard to remember at times.

    But admittedly, many (not you) spout only when triggered by another poster, and take issue more it seems with the person than the issue itself. It seems unnecessarily combative here. Is it because it is the nature of the lawyer profession`? And is this a venting place?

  11. Many commenters have written that often the basis for these federal investigations are the reluctance of local officials to investigate for various reasons. This is largely the case. I knew an officer I worked with who became the subject of an FBI civil rights investigation brought on as a result of him taking a shot at someone who was trying to run over him with a car. He was cleared in the investigation.

    One advantage of having the FBI investigate it is that it also affords the administrators of a department a way of dealing with the issue without being accused of being loyal or against anybody in particular.

    But I agree that there should at least be some provision to allow things to be handled properly in state. Two local agencies in the county I worked for were uprooted during audits that revealed gross violations of state law, especially with evidence storage and proceedures. (you can read between the lines if you want, I cannot stop you)

    Two chiefs of police who I personally believed in my opinion should have been fired years ago are now on administrative leave, one officer was cited for Making False Statements. He happened to be in court yesterday while I was waiting to testify on an unrelated case from two years ago.

    A couple links:

    http://www.theroyalregister.com/news/article_eccfdad0-d5e3-11e1-b399-001a4bcf887a.html

    http://www.kxly.com/news/spokane-news/Soap-Lake-Police-Department-under-fire/-/101214/14779704/-/js9gk7/-/index.html

    As an added bonus, the County Prosecutor you can see in the second link is ready to stand before the Washington Supreme Court in a few weeks facing a possible disbarment for alleged abuses while in office. If he is disbarred or his law license suspended he will be removed from office.

    Things are shaking up just a bit it seems. All of this was handed locally with state assistance.

  12. “You didn’t do your homework and wrote a mini polemic based on faulty information.” nikki spoo

    I posted facts from the websights in response to your statement that was unfortunately not true. I was not being nasty and even said I thought you were wrong in this instance. YOU read nasty into the equation.

    “This is a case primarily the purview of the internal affairs division of Cop Randy’s police dept. If they don’t handle it, then the aforementioned Florida Dept of Law Enforcement has secondary responsibility. Even if both those agencies passed, I’m telling you this is not an FBI case under any even close to normal circumstances. “~nikki spoo, cop

    I wasn’t debating you. I posted information. I agree, Florida is not even close to normal circumstances, and from personal experience I will add, especially in the legal channels.

    nikki spoodelli….word cop

  13. Wonder how big that FBI program is? The CIA has expanded tremendously according to Ishmael Jones. They are forbidden in their charter to operate domestically.

    Is the FBI, in its approved program of integrating ALL law
    enforcement in the USA, forced to examine their partners.
    Perhaps, but spying with several persons on a lone cop says clearly that the cop peeped at the wrong pair of breasts.

    The FBI does not have the duty, nor hidden inclinations to protect the simple citizen.

  14. There are cases all over this country where cops do much worse than Officer Randy. A San Diego cop was investigated by internal affairs and sent to prison for fondling and forcing women in his custody to perform oral sex[mostly DUI detainees] last winter. They’re investigated by IA of state investigators. I’m not saying Officer Randy shouldn’t be prosecuted..HE SHOULD.

  15. Wootsy, Firstly, my response was not nasty. You didn’t do your homework and wrote a mini polemic based on faulty information. I called you on it directly. If you don’t want to be called on stuff then make sure you know what you’re talking about.

    Regarding the FBI, Wootsy I worked in the justice system for 30 yerars and know how things work. This is a case primarily the purview of the internal affairs division of Cop Randy’s police dept. If they don’t handle it, then the aforementioned Florida Dept of Law Enforcement has secondary responsibility. Even if both those agencies passed, I’m telling you this is not an FBI case under any even close to normal circumstances. I refer you back to where I said maybe Officer Randy pulled over someone from the US Attorneys office, or some family member of a Fed bigshot. This has all the earmarks of someone calling in the FBI for a personal favor/reason. And, my most sensitive fellow commenter, that horsesh$t happens every day. Now, buck up and think before you debate me.

  16. Of course it’s Florida was my first thought, and if it hadn’t been Florida it would have been Texas or Arizona. Then Elaine weighs in with a posting about an Arizona Judge being a social/legal Troglodyte (no offense to Troglodytes meant). Some threads you don’t even have to read to know what they say. Excellent comments Malisha and Elaine.

    It isn’t really relevant to anything why the FBI was the LEO organization to bust him. Yes, they were probably in the vicinity on some other business but it’s Florida: a couple of agents could have had a day off and were bored so the just started turning over rocks, because its Florida. Doesn’t matter IMO. Mr. Dwivedi needs to spend time in a cell then be put on the sex offender list.

  17. My observation (limited, I admit) is that the FBI usually lets the local or state cops/das/courts do the job. If the locals don’t, and the FBI sees a civil rights violation they go after it. In this case, local cops might have made a joke of it and certainly unwilling to go after one of their own. (Would they cavalier about it if it were their wife or daughter?) No idea why the state didn’t get him on sexual harassment, unlawful stops, unlawful intimidation, unlawful detention and a lot of other stuff.

  18. IMO, the FBI were probably involved for Two (2) reasons:
    1. 42 USC 1981/1983

    and

    2. The state guys would NOT want it to go forward, would rather cover it up.

  20. spare me the snark mr. spinelli…..and you can save the grade too….unless you’d like to apply it to your own self for inability to control your nasty because someone didn’t kowtow to your Godly sense of whatevers. The article stipulated the occurrance to be in Florida. You were quite adamant in stating that the FBI was not the appropriate responder. I find that to be a dangerous statement when cloaked in such absolute terms. The FBI I am sure has way better things to do than to show up where the job is already being done by those who are ‘supposed’ to do it. You would probably fit in well here….perhaps on the police force…..
    1, September 7, 2012 at 11:37 am

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