Nov 22 2007
Abuse of taser, stupid driver or both?
Watch the clip below. This involved a guy who was stopped for speeding, and when he refused to sign the ticket he was being arrested. He refused orders and was tased.
Normally I favor the police, and in general I think the guy deserved what he got. But the cop made two mistakes (IMHO) which also make me have to agree he needs a reprimand.
More afterward.
OK, observations.
The cops initial approach was non confrontational, he calmly advised him he was going too fast and to produce his license and registration.
The cop's second request for LAR was a bit surly. The driver was non compliant and argumentative. Roadside arguments over tickets never work.
The guy deserved the ticket, he admitted to the officer he was going 68 in a 40. At that point the radar was irrelevant. If you admit your are speeding, guess what? You get a ticket.
The guy refused to sign the ticket, which may or may not be a violation of the law. Signing is not admission of guilt it is essentially a bail agreement and promise to appear, and if you do not sign, they have the right to compel your appearance by arresting you.
The cop ordered him out and prepared to cuff him. He did not advise him he was being arrested. He did not comply and was tased. He told the wife he was being placed under arrest when he was tased. Since he did not tell the guy, it can be argued he did not know he was under arrest. I consider that a serious mistake.
The cop never warned him to comply or he would be tased, though he told the second officer later on he had warned him he would be tased. Since he lied about that aspect, this becomes the second critical mistake IMO.
Overall impressions. The driver was a butthead, who was a barracks lawyer, essentially, who tried to fight the ticket on the curb, and resisted arrest by walking away. It is a soft Resistance, but he still was resisting.
The cop was a bit pushy and too quick with a taser, and he never advised the guy he was under arrest, nor did he warn him he would be tased.
As I said, I think the cop deserves a reprimand, and the guy deserves his ticket.
Final note. I understand why a cop may have a hair trigger on a lonely stretch of highway. Go to YouTube and see how many similar stopped start out friendly and end up with an assaulted or killed cop.
But the cop still has a responsibility to use his authority and his tools responsibly. I think he pushed the button a bit too soon.
That said, had he clearly advised the guy he was under arrest and had he warned the guy to comply or be tased I would likely side with the cop.
The saddest thing? This is going to make a bunch of lawyers VERY happy.
I'm interested in any contrary opinions.
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