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Old July 23, 2009, 12:11 PM   #13
bds32
Senior Member
 
Join Date: August 5, 2006
Location: Texas
Posts: 481
A couple of observations from an LEO:

In my opinion, the police officer believed that someone in the other party was armed with handgun. This was based on his brandishing of his service pistol and the statement of his son who said one of the men in the other party made a threat indicating a firearm. I believe this statement was validated by the discovery of a firearm in the glovebox. Although not disclosed, it's possible the son may have caused the problems by indicating he had a firearm during the roadside confrontation prompting statements to the same by the other party.

However, the police officer was too emotionally involved and handled the situation horribly. He should have reported the incident to other patrol officers in that area and had them respond. At the very least, he should have waited for parties to leave the store and then contact them with sufficient back-up, using common sense. His son should have never been allowed to enter the store with police. This is what happens when you allow your profession to become personal.

Last thing, you always have the right to defend yourself from a peace officer's unlawful use of excessive force (not for an unlawful arrest). The best thing to do is to submit the peace officer's authority if he is using a reasonable amount of force and then fight it later if you're innocent. If the force becomes excessive, protect yourself from harm, using only that force that is necessary.
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