Q: I was watching the police video of Dexter Reed incident? Why were their plain clothed officers for a seatbelt violation?
Just like every other normal citizen I don’t have access to all the footage to make a determination of what exactly went down. But in the clip I saw a plain clothed officer point a gun and say get out of the car not announcing he was police at that point. Does that pose a threat to Dexter to reasonably use a handgun against someone who hasn’t identified himself? I understand it was eventually known but when it happens that quick isn’t it human nature to react like that. How does the law play into this. If your wearing plain clothes as an officer aren’t you deemed threatening by any reasonable person especially if you pull a gun and haven’t established your credentials? Please fill me in? I may be wrong!
A:
Really good questions and insight. Clearly, members of law enforcement can be either in uniform or plain clothes, and of course may make, or participate in traffic stops. They need to announce their office, otherwise it is true that the individual may not even know or realize the individual or individuals are members of law enforcement. Moreover, failure to do so makes it more likely that the individual stopped may react rashly, defensively, or offensively - or flee.
With regard to the Reed case, these are all likely to be important issues in the civil lawsuit that has been filed on his behalf.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
