Mistaken identity again....
I'd have your lawyer look into probable cause for the use of deadly force. If you resisted in any way, that would be one thing, but since you did not, there is no reason to stick a gun in your face...
It's standard procedure for police to have their guns out when anything is suspicious, such as truly excessive speed, recent body damage, quick movements as they approach the car, etc.
However, a cop should never *point* his gun at anyone who hasn't demonstrated any actual threatening behavior. This is the specific mistake the rookie made, and what the administrative review should be for.
Half the times I've been stopped for speeding, mostly the times at night or for insane speeds, there have been guns and I've been asked to get out of the car. Once the police see you're not a threat, they'll put them away, write you a ticket, and leave. No harm done.
TXR
However, a cop should never *point* his gun at anyone who hasn't demonstrated any actual threatening behavior. This is the specific mistake the rookie made, and what the administrative review should be for.
Half the times I've been stopped for speeding, mostly the times at night or for insane speeds, there have been guns and I've been asked to get out of the car. Once the police see you're not a threat, they'll put them away, write you a ticket, and leave. No harm done.
TXR
Originally posted by TXRacer
It's standard procedure for police to have their guns out when anything is suspicious, such as truly excessive speed, recent body damage, quick movements as they approach the car, etc.
...No harm done.TXR
It's standard procedure for police to have their guns out when anything is suspicious, such as truly excessive speed, recent body damage, quick movements as they approach the car, etc.
...No harm done.TXR
I just spoke with a personal friend of mine who is an Oakland Detective and he was a bit helpfull. Although he was reluctant to actually come out and say the cop shouldnt have done that, he did say that where I do have a right to be concerned is that the cop could have easily pulled the trigger on accident if he was that nervous. Knowing that he is a cop and how cops dont question the actions of other cops, I was surprised that I even got that much from him. This almost encourages me more that I might have a case.
Oh...and btw...still havent heard back from the Commanding Officer of the base...
Oh...and btw...still havent heard back from the Commanding Officer of the base...
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