Is there a defense for accidental littering and is the use of handcuffs and body search justified in an accidental littering?

The short answer is NO, you probably cannot successfully raise the defense of accident to the charge of Littering, because the "accidental" nature unfortunately is inapplicable to the mental intent required for conviction. I presume you were charged under Ohio Revised Code 4511.82(A). which says: Littering offenses. (A) No operator or occupant of a motor vehicle shall, REGARDLESS OF INTENT, throw, drop, discard, or deposit litter from any motor vehicle in operation upon any street, road, or highway, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.(EMPHASIS ADDED FROM ORIGINAL IN CAPITAL LETTERS) If you were charged under that subsection, your intent in batting the Wendy's bag around doesn't matter, due to the "regardless of intent" language in Subsection A. If you were charged under Subsection B, however, there is a little more flexibility, because there is no "regardless of intent" language. Take a look here: (B) No operator of a motor vehicle in operation upon any street, road, or highway shall allow litter to be thrown, dropped, discarded, or deposited from the motor vehicle, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements. Most cops refer to the most basic form of the statute. Look at the ticket, it probably just says something like "4511.82 - Littering." More than likely, the officer didn't reference Subsection A or B. That is unfortunate, but not illegal. The Judge will not dismiss the case because of a technical deficiency like that. If the case got to Trial and the Prosecutor tried changing the charge from Subsection B to A, a smart lawyer might be able to prevent that from happening, but it's unlikely that you could do this pro se, as a layman representing him/herself. There is one final little trick here I suppose you might be able to sneak over the goal line. If you argued that the contents of the Wendy's bag did not technically qualify as "litter," then there would not be any crime. "Litter" is defined in that same statute as: (D) As used in this section, “litter” means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature. If you could argue that there was still food in the bag and you did not therefore plan on throwing it away, it would not be "garbage, trash, waste, or rubbish." Similarly, if you testified that you were going to recycle the contents at the Recycling Center because you absolutely believe in being "green," you might also be able to avoid conviction. Please remember, however, that it would be up to the Judge alone to decide whether he believed either of those theories if you chose to employ them as a defense. As far as being handcuffed, no, that was completely improper, as the offense of Littering under O.R.C. 4511.82 is only a Minor Misdemeanor. For the most part, a person cannot be arrested for a Minor Misdemeanor. The only thing that can happen if convicted on a Minor Misdemeanor is a $150 fine maximum and Court costs. Ohio Revised Code 2935.26 says: 2935.26 Minor misdemeanor citation. (A) Notwithstanding any other provision of the Revised Code, when a law enforcement officer is otherwise authorized to arrest a person for the commission of a minor misdemeanor, THE OFFICER SHALL NOT ARREST THE PERSON, but shall issue a citation, unless one of the following applies: (1) The offender requires medical care or is unable to provide for his own safety. (2) The offender cannot or will not offer satisfactory evidence of his identity. (3) The offender refuses to sign the citation. I hope this helps to answer your questions. Good luck in your endeavors.

I don't know about your theory of accidental littering but I can tell you that when we talk about body searches we could be talking about two things: one is a pat down search to determine if the person is armed and two is a body cavity search for contraband which would NEVER be conducted in public. I believe your 19 year old student was patted down which is probably routine in a any kind of citizen police officer confrontation. If she was given a court date but no ticket how does she know when and where to show up or what she is charged with? Someone's wrong with this picture.

Lack of intent to commit the offense, which would depend on how long the litter was on the pavement