Bill,
While you make some good arguments, I personally have to disagree with a few of your points.
As for the officer showing a feeling of being threatened, I would think that would be the last thing he would want to do?
Just my 2 cents.
While you make some good arguments, I personally have to disagree with a few of your points.
Define hostility, the motorist was clearly agitated and refusing to cooperate.Q: Was the subject motorist making any threats or displaying any hostility while in the vehicle?
A: None is apparent. The motorist only questions the signage and at what speed the officer thinks he was moving.
I believe in that state refusing to sign the ticket, requires the officer to place him under arrest.Q: When the motorist refused to sign the ticket, did he make any threats or use hostile actions or words?
A: No. Q: Did the officer act as if a threat was present when he ordered the motorist out of the vehicle?
A: No.
I personally disagree with this point. The moving back and forth and grabbing at his pocket appeared threatening to me, especially when there is another party screaming still within the truck.Q: Outside of the vehicle, did the motorist make any threatening or hostile statements, gestures or actions?
A: No
The lack of cooperation and these movements constituted a threat in my book. Remember the officer is outnumbered.Q: Did the officer have any reason to believe the motorist was a threat to his safety?
A: No. Based on the video evidence, the officer turned his back on the motorist, approached the front of his vehicle to put down his citation book, then turned back to the motorist before telling him to put his hands behind his back.
Q: Did the motorist do anything that would cause the officer to fear for his safety?
A: No overt actions were displayed by the motorist, although he had what appeared to be his right thumb hooked into a low pocket on his pants. But the officer never instructed him to keep his hands away from there.
As for the officer showing a feeling of being threatened, I would think that would be the last thing he would want to do?
Just my 2 cents.