Upon witnessing the incident it became apparent that the officer who pulled the citizen over appeared to be a trainee for there was another person, a female, riding along in the passenger seat of his patrol car who seemed much more seasoned than the officer issuing the citation.
I interviewed the driver of the tan van and asked what he had been pulled over for, and he informed me that he had been pulled over for using his cell phone while driving. He stated that he was not using his cell phone and that his cell phone verified that he made his last call three hours prior to being pulled over.
I cannot say for certain that this is the case, however if it is true that the officer pulled him over for using a cell phone and giving him a ticket for doing so when the citizen was not using as cell phone then the officer unlawfully detained the citizen.
The citizen informed me that he was going to refuse to sign the ticket and requested that a supervisor come to the seen, to which one did. The citizen stated that the officers were going to arrest him if he did not sign the ticket which prompted the citizen to sign the ticket.
I informed the citizen to document that he was not on his cell phone in order to get his ticket dismissed and then to file a complaint and a claim with the City of Palo Alto for violating his Constitutional rights. He indicated to me that he would.
Now the dilemma for the City of Palo Alto and IPA Michael Gennaco.
This communication has informed you, the City of Palo Alto, of the possible offense committed by one of your employees. The question is, will the internal affairs and the City Attorney and IPA Gennaco initiate an investigation to determine whether or not the Palo Alto Police Officer issued a fraudulent ticket and committed an unlawful detention prior to the citizen getting his ticket dismissed and submitting a complaint and claim?
If the City of Palo Alto, the PAPD and Michael Gennaco does nothing to reveal the truth prior to this person having to go through the trouble of proving his innocence in court, then it will be 100% proof that the City of Palo Alto, the PAPD and Michael Gennaco support their police officers using lies to incriminate citizens should it be proven that the citizen was not on his cell phone while driving and that it was an unlawful detention and citation.
Will City Attorney Molly Stump, City Manager James Keene and IPA Michael Gennaco wait forcing the citizen to defend himself against a potentially false charge or will they be proactive and seek the truth before hand in order to uphold and protect the Constitution?
Currently the evidence suggests that the citizen was unlawfully detained and cited and threatened with arrest, the truth should be on the MAV videos.