SJ Cop in Fake Arrest Incident Won't Face Charges

A San Jose police officer who handcuffed and berated a 15-year-old boy for having sex with his 14-year-old stepdaughter will not face criminal charges.

The Santa Clara County District Attorney's Office said the officer was allowed to temporarily take the boy into custody because he had reasonable cause to believe the teens had engaged in unlawful sexual intercourse.

The boy's father used his cell phone to record the incident and gave the video to the San Jose Mercury News. The footage of the Aug. 30 encounter shows the uniformed officer at the boy's home telling him he was wrong to "mess around" with a police officer's daughter. He also called the boy "stupid."

"Regardless of whether (the officer) knew beforehand that he was not going to pursue criminal charges, or whether he previously informed the young man's parents of his intentions," the DA stated in a news release, "the law gave him the discretion to resolve the matter with a warning."

The DA went on to say that their decision to not file charges does not mean they condone the  incident or his "decision to become involved in a potential criminal matter involving a family member while on duty."

Neither the boy nor the officer are being named to protect the minors' identities.

The officer's lawyer has said the video only shows a concerned parent.

Police are still deciding whether the officer, who is on paid administrative leave, violated department regulations.