My question involves police conduct in the State of: Texas
I realize that with only knowing one side of a story that I can only get "theories" about how things could/should happen ... but I would like some insight so that I can try to help my son understand what happened, why it happened, what he should have done differently, and how he should handle any similar situation in the future.
He was recently pulled over for a traffic stop about 1:30 pm, after what turned out to be an officer, in his personal vehicle, had tried to pull him over, and he was not comfortable doing so. My son did not initially know that the driver behind him was a law enforcement officer, did not know why the man was tail-gating him, and he narrowly escaped being rear-ended by the officer when an issue in the traffic in front of him created a problem. Another driver unexpectedly, crossed three lanes of traffic in an unsafe manner, causing a problem for numerous other drivers, including my son.
As soon as a clearly marked, official vehicle was in the area and the other officer indicated that he needed to pull over, he immediately complied.
The officer who had been following him approached his car and attempted to open the door (which was locked). He commenced yelling profanities at my son and ordered him to get out of the car. As soon as my son opened the door to get out, the officer grabbed him by the arm, dragged him out of the car, hand-cuffed him, asked his name and what he was doing there, turned his pockets inside out, took his wallet from his pocket, removed his DL and insurance card, counted his money (why?) and continued verbally abusing him as he asked additional questions.
Since my son had previously called me to let me know what had been going on, and I had already cautioned him about being cooperative, I do believe that he was cooperative. He was attempting to exit the car when demanded, yet wasn't given the opportunity to do so on his own.
When all was said and done, the stop lasted about 12 minutes, an arrest was not made and citations were not issued. The call slip detail from their CAD system, that I was able to obtain, indicated that the call was cleared with a disposition of his having been given a "warning."
My specific questions are:
*Is it typical for an officer in his personal vehicle to be attempting to make a traffic stop (especially when he is out of his normal area)?
*When a uniformed person in a personal vehicle attempts to pull someone over, are citizens (in Texas) required to pull over for them in the same manner as they would if they were driving a clearly, official vehicle?
*When in doubt about the legitimacy of a uniformed individual trying to make a traffic stop what is the proper procedure?
*Assuming the citizen has a cell phone, do they call 911 to let someone know that they are concerned about the identity (or behavior) of the individual driving a personal vehicle and attempting to pull them over? Or do they call 411 and allow the operator to transfer them to the nearest agency?
*Might there be any additional documentation related to that stop that we could obtain through an Open Records Request? (Apparently there is no audio/video ... but would there be an additional report by either of the officers explaining the justification for the "stop and frisk?")