That Drunk Secret Service Agent Who Passed Out In Brickell Won't Be Prosecuted

When Barack Obama visited the University of Miami a few weeks before the big presidential election, one of the agents in his Secret Service detail decided to go a little buck wild in Brickell. In fact, that agent, Aaron Francis Engler, had so much fun he passed out drunk on the corner of Brickell Avenue and 7th Street, and then tussled with the cops who tried to arrest him.

Today, though, Miami prosecutors announced they won't pursue charges against the wayward agent because his actions didn't fit the alleged crimes. 

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When police found Engler lying on the ground, they tried to prop him up. But when they began to frisk him, his arms began "flailing" and his smacked an officer in the face. 

Later, sitting in the back of the cruiser, he protested, "Oh my God, I'm a police officer." Police found his Secret Service badge after patting him down. 

They asked prosecutors to charge him with disorderly intoxication and resisting arrest without violence.

But in a close-out memo, the Miami-Dade State Attorney's Office writes that Engler's actions didn't rise to disorderly conduct because his actions "did not endanger the safety of another person, nor was there a public disturbance."

Furthermore, they suggest that police may have erred by patting him down for weapons with no just cause.

"The frisking of Mr. Engler for weapons was likely improper and not founded on a reasonable articulated suspicion," they write. "A legal argument could be made that Mr. Engler's actions, considered to be resisting, were a reaction to an unlawful search."

Charges or not, Engler's arrest was an untimely scandal for the Secret Service, which was already reeling from the prostitutes in Colombia firestorm.

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Tim Elfrink is a former investigative reporter and managing editor for Miami New Times. He has won the George Polk Award and was a finalist for the Goldsmith Prize for Investigative Reporting.
Contact: Tim Elfrink