Originally posted on 8/6/2015:
A police officer is being investigated after a video emerged of him pulling a gun on a man recording him from a cellphone.
The footage shows a Rohnert Park public safety officer driving toward Don McComas and stopping outside his home as he is filming.
The officer looks like he jokingly starts to film him back before getting out of the police vehicle and telling McComas to take his hand out of his pocket.
Read more: http://www.dailymail.co.uk/news/article-3186904/Shocking-moment-Northern-California-officer-pulls-gun-man-recording-cellphone.html#ixzz3i3S28EuT
The LA Times reports the officer has been put on leave. He should be offered an early retirement.
Some say “Hey, he had his hands in his pocket… .” That’s not any excuse. If I’m standing at the end of my drive next to the road, cell-phone in hand and my other hand in pocket, and LE drives by, I expect a friendly nod. Not, “Hey, you some crazy constitutionalist or somethin?” at the barrel of a gun.
Apprehension by the use of deadly force is a seizure subject to the Fourth Amendment’s reasonableness requirement.
Brought to you not because its “fun” to be “disobedient”, or to “antagonize” law enforcement….
…but because the basis to refuse to answer questions posed by law enforcement is grounded on long-standing constitutional principles, which sadly, many today do not know.
Understand though, that the above video depicts exchanges at inland checkpoints, not ports of entry. The latter being a very different place.
Disclaimer; I failed Con-law 101 the first time I took it, long ago.
Very good educational resources, brought to you by Hillsdale College.
And, if you like to Read.