|
From the Distic Court opinion- this is about the issue of the threat as seen through the eyes of the Officer as he draw his gun after exiting his cruiser and made contact.
From page 13.
"Here, Plaintiff was walking in a residential neighborhood across the street for a church in service on Sunday morning. He was wearing camouflage pants and a FNP-45 Tactical pistol secured in a leg holster, with a TRL-2 rail mounted tactical light with a laser attached to the pistol."
First problem: There is no way Officer Moe could have known what type of weapon he was carrying prior to disarming him. Nor would he have known that it had a light or laser on it.
"Plaintiffs appearance and behavior, which included singing "Hakuna Matana" loud enough to be herd from a police cruiser, was sufficiently alarming to a resident to call 911."
Second problem: 911 caller never said he was singing(see pages 2-4). Not sure why there is a issue about singing anyway. Maybe he was out of tune or something.
"Officer Moe, an Officer that spent more than eleven years assigned to the neighborhood where the Plaintiff was walking, did not recognize Plaintiff and attested that he thought Plaintiff "may have had mental issues and was about to commit a violent crime"
Third problem(s): Whether the cop recognized him or not is suppose to mean what? The officer sleeps on duty thus he doesn't pay attention to who lives on his beat, possibly? Not sure. The last part is what bothers me the most. What training has he received to ascertain that the Plaintiff may have Mental issues? How could he make such a assessment from his cruiser even if he had the education to make such a assessment? Sorry but this whole section is BS.
|