Records show there was no judicial process the morning Perkins was killed authorizing police involvement.
“And the tow truck driver himself and, by extension, the police — according to the comments — are not to go forward with a repossession if there’s a breach of the peace,” Cole said.
“It’s hard for me, looking at the official comment, to argue that the repossession attempt by the tow truck owner, after having some resistance to it by Perkins, should have continued,” he said. The official comment goes on to say that courts should hold the secured party responsible for the actions of others taken on the secured party’s behalf, including contractors — such as tow truck companies — engaged to repossess property.
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