Caught on video: Officer false-arrests 15yo boy for 'sex with cop's daughter'

[Newsjock]

Source: San Jose Mercury News

The 15-year-old boy who was handcuffed by a San Jose police officer for having sex with the officer's 14-year-old stepdaughter told the Mercury News on Friday that he was terrified he was going to jail. Now, he wants the veteran motorcycle policeman to feel the same fear.

"I think he should go to jail and feel how I felt, not being able to walk down my street," the boy said in his first interview since news of his fake arrest became a national topic of debate about how far a father can go to protect his daughter.

... The boy and his parents came forward Friday and asked the Mercury News to release the smartphone video that the boy's stepfather secretly shot of the officer pretending to arrest the boy in the family's home last month.

The grainy 5-minute, 36-second video shows the officer standing near the handcuffed boy and sternly telling him that it was "not a good thing that the person you had sex with is a cop's daughter" and that "the district attorney will probably file charges. ... A cop's daughter is not somebody you mess around with. You're stupid."

Read more: http://www.mercurynews.com/top-stories/ci_16166989
Video at link

[TexasObserver]

1. The cop should lose his badge over this.

He could be charged with official oppression, too, for misusing his power for personal reasons.

[msanthrope]

10. He should lose his badge--he should face criminal charges....n/t

[Cronus Protagonist]

2. He might as well know now what cops are like

In the future he'll surely be smart enough to stay away. The cop's not going to get nicer.

[TexasObserver]

3. The cop had told him before to stay away from his daughter.

The transcript of the tape reveals the cop was very hot because he had already told the boy to stay away from her. The published story reveals the two kids had been boyfriend and girlfriend for some time. It appears that the cop had tried to intimidate the boy prior to this incident, and that's why he was so bent out of shape.

That background helps us see how out of place the cop's conduct was. The transcript doesn't sound like a cop talking to someone he's arresting. It sounds like an angry father confronting the boy he tried unsuccessfully to warn off. It likely didn't help when the boy told the father it was her idea. Apparently, this happened when she was out babysitting somewhere. That's implied in the dialog.

It also appears the cop took the boy into a room out of his parents' view, and the next thing they heard was the boy being slammed to the floor and cuffed. Pretty clear what happened there. The cop didn't want any witnesses to contradict what he would say happened.

The cop should be fired. He abused his power for a personal matter. He didn't go there as a cop on a call. He went there as a father looking to intimidate, brutalize, scare and payback a boy who had sex with the officer's daughter.

[comtec]

5. I agree the cop should loose his badge for abusing his power

But i'm not sure the boy really has a case. (see below)

Just curious, where is this girl's mother in all this?

[TexasObserver]

8. He has a good case against the cop.

The cop was not acting in his official capacity. He was acting as an angry father and abusing the power he has as a cop. When he handcuffed the boy, he committed a battery, and assault, and a false imprisonment, all of which are civil causes of action, in addition to being crimes.

This could cost the cop a civil judgment. If the jurisdiction is smart, they'll fire him quickly, before he creates more problems.

[comtec]

4. He's 15 and he was caught...

I'm sorry i fail to see where I'm suppose to have sympathy for this boy?

banging a cop's daughter has always been a dodgy affair (no pun intended), that they're so young is only a point on how stupid our current sex laws are (but yeah... 14? too young)

I have to wonder, however, I'm curious on what side the feminists here will come down on.

This kid is just being a punk, and any sane judge would throw him out of the courtroom on his spoiled, self-entitled ear.

At the end of the day, this was a father doing what fathers do.
And if you think about it... this punk got off extremely easy compared to what many fathers would do in this situation.

[Uben]

6. I'm with you.....

..if the cop really wanted to get the kid, he could have planted drugs on him and really arrested him.
Yeah, cops do that shit, occasionally. I think he just wanted to scare the kid into doing what's right. Callling for the cop's badge is just plain stupid.

[TexasObserver]

9. The cop abused his authority, committed crimes doing so, and did it for personal reasons.

He should be removed from his job for gross misconduct, and hopefully will be. He's a liability to his employer.

[Name removed]

12. Deleted message

Message removed by moderator. Click here to review the message board rules.

[ThomasQED]

21. You both need a real lesson in what the police

rights and responsibilities are.

And it might not hurt to remind you that they are supposed to protect and serve us not go around telling people that "messing with a cop's daughter" is a big mistake.

This policeman used his power illegitimately. It's shocking that neither of you recognize that and think citizens should just surrender their rights as soon as a policeman walks by.

[TexasObserver]

7. The kid is 15 and he had sex with his 14 year old girlfriend.

It is common for kids that age to have sex. It is not common for them to be arrested for it. Not common for the boys to be handcuffed by the father of their girlfriend, either.

You have no basis for saying the boy is a punk.

At the end of the day, this is what psycho fathers do, not what fathers do.

[msanthrope]

11. Cops don't get to play out their personal disputes with their guns and badges....

What does being a feminist have to do with that?

[woo me with science]

25. +1 nt

[joshcryer]

13. If you read the story the kids fessed up. He was not "caught," so much confessed.

There was probably a question about impregnation that was looming.

[Richard Steele]

24. I'm sorry that you FAIL to see where you should have sympathy for this boy.

I would have said "also" if I thought you were genuiniley sorry,
but I didn't because I don't because you AREN'T.

[USArmyParatrooper]

14. Just a tidbit of infomration - the boy IS guilty of a crime.

And so is the cop's daughter. Under California state law if two minors have consensual sex they are both guilty of unlawful sexual intercourse, a misdemeanor.

Although I don't think he handled it well, the fact that the kid DID break the law actually makes it so this case isn't a slam dunk.

[TexasObserver]

15. Yes, but it is a crime the local DA said is not enforced without coercion involved.

The civil case is a slam dunk, because the cop was not conducting official police business. He was engaging in an off the books personal payback mission. He did not arrest the boy. The transcript proves he was abusing his power. The officer can and likely will be sued for assault, battery, and false imprisonment, all good civil court causes of action.

The arrest by the police of the boy later will only help the jurisdiction defend itself from a lawsuit for the cop's misconduct. It won't help the cop who behaved badly. He didn't arrest the boy. He harassed him. He abused him. He threatened him further. All of those are official oppression, and if the DA prosecutes, the cop could go to prison for such crimes.

The fact that it is against the law for two teens to have sex with each other does not give the cop license, as a father, to abuse the boyfriend who had sex with his daughter. The prosecutor has said they do not usually prosecute such cases criminally unless there is a showing of coercion.

The cop committed misconduct, and he can be held civilly liable for it. A civil court doesn't require the "reasonable doubt" standard. It's "preponderance of the evidence." The video and the transcript show the court committed misconduct.

[USArmyParatrooper]

18. I'm not going to argue against that.

I'm not a legal expert and you sound like you know what you're talking about. Do you have a law degree?

[TexasObserver]

19. Yes.

Been practicing three decades, state and federal courts.

I tried to read everything available on this incident before concluding what will likely happen. The state of California does not consider a violation of California Penal Code section 261.5 (Unlawful Sexual Intercourse) an offense which requires registration as a sex criminal. The provisions are mainly applicable to adults having sex with minors, or older minors having sex with younger minors.

It's not a crime that is enforced between consenting teens of similar age, as here. I would defer to the judgment of a California attorney on this incident, however. Those in the state can best say what it will do. It's up to the local DA, and there has already been a news report in which the DA is alleged to have said they don't prosecute such cases absent coercion. There are probably a million kids aged 14 or 15 in California. If 40% of them are having sex, that's 400,000 teens just in that age group.

I have not read the legislative history of the act, but I can't imagine it was intended for the prosecution of similarly aged boyfriends and girlfriends.

California Penal Code section 261.5

(a) Unlawful sexual intercourse is an act of sexual
intercourse accomplished with a person who is not the spouse of the
perpetrator, if the person is a minor. For the purposes of this
section, a "minor" is a person under the age of 18 years and an
"adult" is a person who is at least 18 years of age.
(b) Any person who engages in an act of unlawful sexual
intercourse with a minor who is not more than three years older or
three years younger than the perpetrator, is guilty of a misdemeanor.
(c) Any person who engages in an act of unlawful sexual
intercourse with a minor who is more than three years younger than
the perpetrator is guilty of either a misdemeanor or a felony, and
shall be punished by imprisonment in a county jail not exceeding one
year, or by imprisonment in the state prison.
(d) Any person 21 years of age or older who engages in an act of
unlawful sexual intercourse with a minor who is under 16 years of age
is guilty of either a misdemeanor or a felony, and shall be punished
by imprisonment in a county jail not exceeding one year, or by
imprisonment in the state prison for two, three, or four years.
(e) (1) Notwithstanding any other provision of this section, an
adult who engages in an act of sexual intercourse with a minor in
violation of this section may be liable for civil penalties in the
following amounts:
(A) An adult who engages in an act of unlawful sexual intercourse
with a minor less than two years younger than the adult is liable for
a civil penalty not to exceed two thousand dollars ($2,000).
(B) An adult who engages in an act of unlawful sexual intercourse
with a minor at least two years younger than the adult is liable for
a civil penalty not to exceed five thousand dollars ($5,000).
(C) An adult who engages in an act of unlawful sexual intercourse
with a minor at least three years younger than the adult is liable
for a civil penalty not to exceed ten thousand dollars ($10,000).
(D) An adult over the age of 21 years who engages in an act of
unlawful sexual intercourse with a minor under 16 years of age is
liable for a civil penalty not to exceed twenty-five thousand dollars
($25,000).
(2) The district attorney may bring actions to recover civil
penalties pursuant to this subdivision. From the amounts collected
for each case, an amount equal to the costs of pursuing the action
shall be deposited with the treasurer of the county in which the
judgment was entered, and the remainder shall be deposited in the
Underage Pregnancy Prevention Fund, which is hereby created in the
State Treasury. Amounts deposited in the Underage Pregnancy
Prevention Fund may be used only for the purpose of preventing
underage pregnancy upon appropriation by the Legislature.
(3) In addition to any punishment imposed under this section, the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates this section with the proceeds of this fine
to be used in accordance with Section 1463.23. The court shall,
however, take into consideration the defendant's ability to pay, and
no defendant shall be denied probation because of his or her
inability to pay the fine permitted under this subdivision.


California Sex Crime Registration

Registrable Sexual Offenses (does not include section 261.5)


187 MURDER DURING PERPETRATION/ATTEMPT RAPE,286,288,288A,289
207 KIDNAPPING TO COMMIT 261, 286, 288, 288a, 289
207(B) KIDNAP CHILD UNDER 14 YEARS TO COMMIT LEWD OR LASCIVIOUS
208(D) KIDNAPPING PERSON WITH INTENT TO COMMIT RAPE (PRIOR CODE): KIDNAPPING VICTIM UNDER 14 WITH THE INTENT TO VIOLATE SECTIONS 261, 286, 288, 288a, OR 289.
209 KIDNAPPING FOR RANSOM TO COMMIT 261, 286, 288, 288a, 289
220 ASSAULT TO COMMIT RAPE, SODOMY, OR ORAL COPULATION OR TO VIOLATE SECTIONS 264.1, 288 OR 289.
220(a) ASSAULT W/INTENT TO COMMIT RAPE, SODOMY, OR ORAL COPULATION
220(b) ASSAULT W/INTENT TO COMMIT RAPE/ETC DURING A BURGLARY
220/261 ASSAULT TO COMMIT RAPE
220/261(2) ASSAULT TO COMMIT RAPE BY FORCE OR FEAR
220/664.1 ASSAULT TO RAPE IN CONCERT WITH FORCE OR VIOLENCE
243.4 SEXUAL BATTERY
243.4(A) SEXUAL BATTERY
243.4(B) SEXUAL BATTERY ON MEDICALLY INSTITUTIONALIZED PERSON
243.4(C)PC (PRIOR CODE) SEXUAL BATTERY INVOLVING RESTRAINED PERSON
243.4(C) SEXUAL BATTERY VICTIM UNAWARE-FRAUDULENT MISREPRESENTATION.
243.4(D) SEXUAL BATTERY INVOLVING RESTRAINED PERSON
243.4(D)(1) (PRIOR CODE) TOUCH PERSON INTIMATELY AGAINST WILL FOR SEXUAL AROUSAL/ETC
261 RAPE: NOT SPECIFIED
261(1) RAPE: VICTIM INCAPABLE OF GIVING CONSENT
261(2) RAPE BY FORCE OR FEAR
261(2)/264.1 RAPE IN CONCERT BY FORCE
261(3) RAPE OF DRUGGED VICTIM
261(4) RAPE: VICTIM UNCONSCIOUS OF THE NATURE OF THE ACT
261(6) RAPE BY THREAT OF RETALIATION
261(A)(2) RAPE BY FORCE OR FEAR
261(A)(3) RAPE OF DRUGGED VICTIM
261(A)(4) RAPE: VICTIM UNCONSCIOUS OF THE NATURE OF THE ACT
261(A)(6) RAPE BY THREAT OF RETALIATION
261.2 (PRIOR CODE) RAPE BY FORCE OR FEAR
261.2/261.3 (PRIOR CODE) RAPE WITH FORCE AND OR THREAT
261.3 (PRIOR CODE) RAPE BY FORCE OR VICTIM INTOXICATED.
261.4 (PRIOR CODE) RAPE BY THREAT OR RAPE OF A DRUGGED VICTIM.
262(A)(1) RAPE SPOUSE BY FORCE OR FEAR (FELONY CONVICTION)
264.1 RAPE IN CONCERT WITH FORCE OR VIOLENCE
266 ENTICE MINOR FEMALE FOR PROSTITUTION
266C INDUCE INTERCOURSE OR SEX ACTS BY FALSE REPRESENTATION WITH INTENT TO CREATE FEAR
266I(B) PANDERING WHERE PROSTITUTE IS UNDER 16
266J PROCUREMENT OF UNDER 16 FOR LEWD AND LASCIVIOUS ACTS
267 ABDUCT MINOR FOR PROSTITUTION

<snip to cut the list short>

[Cronus Protagonist]

22. So si the cop

He's a mandatory reporter. And unless he reported, he's in a pickle a little worse than perhaps he bargained for at the outset!

[TomCADem]

23. Isn't That Statutory Rape?

[Bitwit1234]

16. One thing he said going to the baby sitting job was her idea

so...how did he know where she was if she didn't tell him. So both were at fault, her for telling him, him for showing up.

[TexasObserver]

20. He is also alleged to have told the cop it was her idea.

They had been boyfriend and girlfriend for years, too.

The transcript suggests the cop had threatened the boy before, and the cop makes reference to having warned the boy before. That's probably one reason the cop really lost it. They hate to have their authority challenged, and often make no distinction between their work and their home life in that regard. The cop berates the boy for failing to do as the cop had told him and stay away from the girl. She clearly set the thing up while she was baby sitting, and she intended to get around the cop's fatherly restrictions.

[Bitwit1234]

17. PS-- an example

My son was going with this young girl and her father didn't approve. After he had graduated, we moved across the country where his father had gotten a better job. My son decided to join the Air Force. So about six months later her this girl showed up on our doorstep along with another friend. They had hitchhiked across the country. She wanted to see my son. I told her he was in the Air Force by not where. Called her father and informed that she had HITCHHIKED clear across the country. But didn't tell him where my son was except he was in the Air Force. And had been for over six months. So there you have an example of the girl being the aggressor.