“Robert S. Wilcox was a drunk passenger in the vehicle. During the stop, he refused to identify himself to the officers. This annoyed the patrolmen who ordered him out of the vehicle for a frisking. Wilcox did finally give them his name and asked urgently for permission to use the nearest restroom. The police refused. Wilcox was told he was not under arrest but that he needed to sit inside the stopped vehicle. Wilcox could not hold it. While the officers were busy writing up citations for the driver, Wilcox relieved himself on the grass next to the car. Officers then arrested him for public indecency.”
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