San Jose Officer Probed For Bogus Teen Arrest

An off-duty San Jose Police officer pretended to arrest a teenage boy right in front of his parents because the 15-year-old had sex with the officer’s 14-year-old stepdaughter, according to prosecutors who are now investigating the officer’s actions.

Upon finding out about the consensual sex, the motorcycle officer rode to the boy’s house in uniform and threatened to arrest him for sexual assault, according to the boy’s parents.   He allegedly handcuffed the boy, saying, “A cop’s daughter is not somebody you mess around with. You’re stupid.”

The teen’s stepfather recorded parts of the August 30th incident on his Blackberry before the officer released his stepson.   That video may end up being used as evidence against the officer.

”The cell phone video will be very important because if the officer put those cuffs on that young man without the parents’ consent that’s false imprisonment,” said former prosecutor and legal analyst Steven Clark.

The parents reported the incident to the police internal affairs unit.  Their son and the officer’s daughter were both cited for unlawful sexual intercourse; a misdemeanor charge which is rarely prosecuted in the case of minors.

(© 2010 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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