Looping – Pat Down

We are taught to ask short questions on cross examination. In fact, some proponents of certain styles of cross examination proclaim that you can cross with one word, eg, “green”. 

Q: the car was a foreign make? 

A: yes. 

Q: with 4 doors? 

A: yes. 

Q: not white? 

A: correct. 

Q: not black? 

A: correct. 

Q: green?

A: yes. 

But sometimes longer questions are necessary or preferable.  This is particularly true where you are “looping”.  Looping is the repetition of a favorable fact in successive questions.  It reinforces the fact and even ties it to new facts.  Looping makes questions longer, but ties the positive fact to a new fact.  Here is an example of my looping favorable testimony in a case where I’m challenging a pat down:  

  
“Not knowing what [he] had is not a sufficient basis to conduct a pat down.”  By looping this fact into successive questions, I reinforced the unlawful basis for the pat down. 

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