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 This material may not be published, broadcast, rewritten, or redistributed.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.)

Comments (22)
  1. Ester Gomez says:

    If I caught someone having sex with my 14 yo daughter I would do more than pretend to arrest him. Those parents should be more worried about keeping tabs on their son than dealing with an outraged father. Really???? He is not an innocent bystander.

  2. Napoleon says:

    Both parents didn`t think out their actions. Now both the boy and the girl are being brought up on unlawful sexual intercourse. I wonder if they will end up on Megans List.

  3. Renee Rock says:

    Good for him. Maybe it will scare the crap out of both of them. I think more parents should be aware of what their ‘children’ are doing, but sadly, this police office may get into alot of trouble. I still think I would have done the same darn thing!

  4. Kenji L says:

    This kind of misuse of authority happens all the time by San Jose police. This guy just happened to get caught!!

  5. andy says:

    he should have arrested his daughter as well. This is such a waste of taxpayer money.

  6. steve says:

    Come on. he was OFF DUTY! He was probably just trying to imply that if the boy starts doing that stuff with other girls, he could get in trouble.

  7. Teeza says:

    Hmmm…I wonder if this cop experienced the same treatment, as a teenager, when he engaged in sex with someone’s teen daughter? He should have gone to the parents & let them handle their child. Hell, the officer needs to get his own child in line.

  8. Alfred E, Newman says:

    This is a good lesson for the kid. Probably not the best thing to do in this day an age of idiotic parents who always blame someone else for thier own incompetence.

  9. james says:

    Okay when I was a teen boy I fully expected to get beat up by the girl’s parents if they found out what we were doing. Too much intitlement going on with our youth. How about accountability?

  10. George says:

    case of a bad cop for sure! This is kind of a guy who gives police force a bad rap.

  11. Concerned_Citizen says:

    Just as one other person has suggested; why not arrest the daughter as well. Why does the burden of consensual sex fall entirely on the male parties hands? And by the way if you haven’t noticed, all of those Jan Jose cops are stupid.

  12. SeLiNdIViDUaL says:

    Maybe this officer should be arrested. It seems as if he may have mis-used his authority and overstepped his boundaries. In the end, two normal teenagers probably have this to think of – shakes my head.

  13. Dad says:

    I would like to buy this guy a drink for trying to be a good parent. Maybe he could have done something differently, but at least he did something about it.

    1. Casey says:

      A good parent? What are you, stuck in the middle ages, when a father had control over his daughter’s chastity? You sicken me.

  14. Max says:

    Fire and charge these cops for overstepping their authority. Just because they have a badge, doesn’t give them the right to terrorize people, especially kids.

  15. RR says:

    fire this cop and prosecute him. maybe he should have tried to scar his step daughter straight instead. what an idiot. and if you agree with this cop, then you are an idiot also.

  16. KB says:

    I have to admit, that’s gross. Top of the subject, It’s a fatherly role to and tell a child right from wrong. Although, I have always been against cop’s using scare tactics to think that it will teach that child.

  17. San Jose Resident says:

    Uniform, BAD IDEA.

  18. Concerned Parent Speaks Out says:

    For all of those who criticize the officer, let’s see it for what it is: He’s human and make a mistake by not having another officer investigate. Or he should have spoken to the parents of the 15-year-old boy. And who’s to say the officer didn’t discipline his daugher? I would have kicked the boy’s, and my daughter’s, butt! What about the boy’s parents? Looks to me that they set up the officer!!!!

  19. md says:

    Although I see how this is an issue as an officer / misuse of power, better that than a non-officer who would put down a whoop ass on the teen. I know I would!

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