Off duty Florida LEO pulls gun during road rage fight.

**Eurodriver** · 04-30-14, 11:07

http://www.baynews9.com/content/news.../29/title.html

Pettis was never booked into jail and that’s drawing a lot of questions, including if Det. Pettis got preferential treatment because of his job.
....
"I mean if it were me and I drew a gun on somebody, I would have been arrested. I would have been charged."
....
Witnesses who used their cell phones say they were reportedly asked to delete those recordings from their phones by sheriff's deputies. But the Hillsborough County Sheriff's Office said they were afraid that video would go viral and possibly hurt the case.

At the same time, they said they're not sweeping anything under the rug.

The bolded, if true (and it is), is reprehensible.

**montanadave** · 04-30-14, 11:17

Given that the Supreme Court is currently deliberating the legality of warrantless cell phone data searches by law enforcement (http://www.policeone.com/fourth-amen...arch-decision/), these allegations, if true, are more than a little disturbing.

If authorities are allowed to confiscate your cell phone, examine the content, and pick and choose what data to delete and what data to use as evidence, well, that ain't gonna sit right with a whole lot of folks. And it shouldn't.

**Apricotshot** · 04-30-14, 11:37

Apparently he has retired from the sheriffs office.

**Irish** · 04-30-14, 14:10

Originally Posted by Apricotshot

Apparently he has retired from the sheriffs office.

Source? That contradicts the linked article.

We are finally seeing video that led to a Hillsborough County deputy’s resignation.

**SteyrAUG** · 04-30-14, 14:23

Gonna come down to if the video shows the detectives daughters were actually in imminent threat of injury. If true and he drew his weapon, badge displayed, controlled the threat and then re holstered as he claims then I don't have a problem with that.

I do wonder why a deputy is getting into fist fights on the side of the road. Should have ID'd himself from the start and gone from there.

**Palmguy** · 04-30-14, 15:12

Originally Posted by montanadave

Given that the Supreme Court is currently deliberating the legality of warrantless cell phone data searches by law enforcement (http://www.policeone.com/fourth-amen...arch-decision/), these allegations, if true, are more than a little disturbing.

If authorities are allowed to confiscate your cell phone, examine the content, and pick and choose what data to delete and what data to use as evidence, well, that ain't gonna sit right with a whole lot of folks. And it shouldn't.

I really hope SCOTUS gets this one right.

**decodeddiesel** · 04-30-14, 16:12

Saw a cell phone video of this, and aside from some teenage girls screaming their heads off after seeing a gun, I really couldn't see what was going on there. I didn't see any weapons (until the piece made an appearance), nor anyone's life being threatened, but like I said I really couldn't see what was going on there.

Originally Posted by Palmguy

I really hope SCOTUS gets this one right.

OT, but I really hope so too. Given the Justice's general lack of understanding of modern technology and willingness to equate a cell phone data to family pictures carried in a billfold I am a not very hopeful. I see the 4th Amendment being thrown right out the window due to sheer ignorance, but hopefully I am being overly cynical.

**Eurodriver** · 04-30-14, 16:20

Originally Posted by SteyrAUG

Gonna come down to if the video shows the detectives daughters were actually in imminent threat of injury. If true and he drew his weapon, badge displayed, controlled the threat and then re holstered as he claims then I don't have a problem with that.

I do wonder why a deputy is getting into fist fights on the side of the road. Should have ID'd himself from the start and gone from there.

The video is on the link. It doesn't show how the confrontation started, but it began as a result of a crash. I've driven around some dumbass people, and I don't fault the LEO for getting heated especially if the other guy came after him after the crash. Also, without knowing the specifics I won't comment on him pulling a gun out during a confrontation and not going to jail for it, because well, that happened to me.

Unless more information comes out, I don't have an issue with the LEO at all. What is terrifying is the "delete the video" BS from the LEOs.

Florida's supreme court actually ruled correctly last year. Warrantless cell phone searches are illegal here and until the Supreme Court decides otherwise (At least Kagan and Sotomayor are on the right side on this issue) it still stands.

http://www.tampabay.com/news/courts/...arches/2118753
Thursday, May 2, 2013 12:42pm

The Florida Supreme Court delivered a blow to law enforcement officials Thursday, ruling 5-2 that police needed a search warrant to access the data stored on an arrested person's cellphone.

Is it really that hard for LEOs to get a warrant anyway? No. Why are they so desperate to violate privacy?