From the decision as reported: "There is no evidence in the record, nor did the officer contend, that Burkland's conduct was necessary to dispel a suspicion that he was a police officer."

This implies that if she had questioned whether he was LE, the fondling might have been OK to dispel suspicion.  Dicta only, for now, but troublesome.

So much for Freebies

the police officer is then guilty of the crime since he wrongfully initiated the contact?