Dec 02 2007
Utah Trooper justified in using taser, investigation determines
This is not a completly criticism free finding, but the firing of the taser itself was justified.
Traffic-Stop Taser Cop Acted “Reasonably”
Utah trooper who used a Taser to subdue a stubborn motorist who was walking away from him during a traffic stop felt threatened and acted reasonably, state officials said Friday.
…
We found that Trooper Gardner’s actions were lawful and reasonable under the circumstances,” Davenport said at a news conference, joined by Scott Duncan, commissioner of the UHP’s parent agency, the Utah Department of Public Safety.
The investigation was conducted by officials in the Department of Public Safety, which oversees the highway patrol. The officials have asked the Utah attorney general’s office to also review the case to determine if laws were broken.
Not all of the actions were justified however.
Moments later, when another officer arrived, one of them said, “Oh, he took a ride with the Taser.”
Davenport said that comment was inappropriate.
Yea, I see no reason to excuse mocking.
Officials said Gardner could have issued the ticket without Massey’s signature. The investigation found use of the Taser was justified because Massey had turned his back and put a hand near his pocket, Davenport said.
“For a law-enforcement officer, that is a very, very scary situation,” he said.
Nonetheless, the trooper now realizes that other options were available, Davenport said.
And hopefully he will less inclined to allow a situation like this to go so far next time. I would expect this is not over, the report will not stop the inevitible lawsuit.
Previously: Thoughts on Tasers
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6 Responses to “Utah Trooper justified in using taser, investigation determines”
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I think this is a terrible finding. Davenport and Duncan are clearly towing the line and protecting the officer (to the extent that he can be protected). I watched the videos, checked Utah code and came to the conclusion that this is NOT reasonable. Basically because the officer did not inform the subject that he was under arrest until AFTER he was tasered. It’s on video, it’s pretty darn hard to miss it. This is not a justified use of the Taser. What IS a recommended use of the Taser?
From the Taser(R) Use Recommendations for Law Enforcement Officers
1. “Only use TASER for physically assaultive subjects”… To date they haven’t added, “Unless your perp is being a jackass and you want to give him a ride on the Taser”. Subject was clearly not aggressive to the police officer.
From the Utah Department of Public Safety web site, under the Values section you’ll find the following:
“Professionalism”
We allow only those of exemplary character to enter or remain in our ranks.
Is this officer displaying exemplary character by Tasering a civilian prior to informing him of his arrest?
That the officer is found as acting reasonable is a travesty of justice in my opinion.
That’s a nice RECOMMENDATION.
Unfortunately we don’t live in a perfect world, and if someone puts their hands near their pockets, well, people have been shot for that. Yes, with bullets! You obviously don’t understand that police deal with all kinds of crap and have a right to protect themselves. Just because the guy was stupid doesn’t mean the police can’t taser him. But yes, reaching for your pocket while arguing with a cop is a big no no. If you disagree, please try it and see what happens to you. (If you were a cop and didn’t react when someone reaches for their pocket…well let’s just say you wouldn’t last long on the job or in this world.) Any way you want to put it, the cop acted well within the law.
Justice? Did the guy deserve to be tasered? Maybe not, but he acted stupidly and it got him zapped, end of story. Well it would be, except now he wants to complain. He has no lawsuit, because he could have stopped that at ANY time during the confrontation, but chose to argue with the cop, then resist arrest by walking away, then put his hands near his pockets. Saying a cop can’t taser someone reaching for their pockets inhibits an officer’s ability to do their job and protect themselves.
The guy was stupid and got tasered for it. If you want to prevent it from happening to others, educate people! Sorry, but officers have the RIGHT and natural instinct to protect themselves, and are trained to do so.
If you disagree, well that’s fine, but the laws won’t change. Meanwhile, keep your hands up.
Dave I completely agree with you that officers have the right and responsibility to protect themselves. And that the Taseree was a total jerk.
Having said that, did you see when he was actually arrested? I mean when actually did the officer tell the guy that he was under arrest? Based on watching the video AND reading the Utah code, it wasn’t until after he was Tasered. Do you agree?
If so, it’s my opinion that the police officer went too far.
Are you kidding. 90% of the cops out there are the high school losers that couldn’t go anywhere other than the Famous “List” that would enable them to become cops. Im sure I will hear back from somebody with a BA or AA from buttnut U. These guys all have a massive chip on their shoulders and crave respect and will get it at any cost!
I come from a family of cops. I am well educated and have been with many of them as they tell their “WAR” stories. Let me tell you, most of these clowns can’t wait till they get their Batman utility belts. That guy pulled his taser from the get go. He, as most cops are, was a total bully!
How can you tell me to respect a guy that if he were not a cop would most probably be raking my leaves. That cop was way out of line. The guy he tased was just about as dangerous as Ned Johnson from the High school audio video squad! Woops! Look out officer!!!! He is drawing from his pocket protector!!! You may get Whited out! Oh yes please all you officers feel free to comment. Just be warned i do grade on spelling.
Glad I moved out of the new police State. Don’t kid yourself people. you dont have as many rights as you thing you do! Cops lie and can screw up your life in the Maze we call justice in the US. Raise the qualifications and pay them more and get these jerks off the street……I mean the cop that couldn’t difuse a very simple situation.
Way to go champ. You just proved that you like many of your counterparts have no right to handle a gun and hold a badge. You should be demoted to the Sanitation department where you can tazer someone for not sorting plastics from burnables.
“resist arrest by walking away” Are you serious? Maybe you missed the part where the officer told him to go back to his vehicle. I have no problem with officers protecting themselves. The last thing I want is for police officers to get killed because they hesitated to act on a perceived threat. That having been said, if you’re a cop and you tell someone to get out of their vehicle, you might want to think about keeping your eye on them rather than turning your back and walking away. Hello? Clearly the officer didn’t feel threatened enough to think THAT part of the situation over. Second, if he feels so threatened that he has to fire a tazer (a potentailly lethal device {160 deaths since 2001}) after that little display, maybe he should try equipping himself with a little courage before he heads out.
Tim,
Your rant and name calling about police officers is inappropriate. You fancy yourself such an intelligent person yet make assumptions backed up by no scientific fact about the psychology makeup of police officers in America. Studies I have read show the vast majority of police officers join law enforcement because they feel a need to help others and protect people. You make no mention of the obvious inappropriate behavior exhibited by the driver involved in this situation which clearly shows you have an axe to grind with all of law enforcement.
The entire situation could have been avoided. But that does not make it illegal. It’s obvious both of the men involved in this situation got into what looks like “ a pissing match”. Both acted poorly. The driver obviously wanted to be uncooperative about the speeding ticket and truly wanted to get a rise out of the officer. The officer took full advantage of this and went to enforce the you must sign the ticket law which he really didn’t need to do. As far as telling someone you are under arrest before attempting. I don’t see that this will be an issue since he did tell him stop, turn around, and putt your hands behind your back. This equates to nearly the same thing and could be debated either way. He did give him a lawful order and he refused to comply. The you are under arrest part is going to be debated until the cows come home. If you punch a police officer in the face and then he slams you on the ground and cuffs you. Does he really need to tell you you’re under arrest? Common sense needs to be applied.
A good outcome for this. Give the officer better communication skills training and the ticket and arrest stand. I for one, would not give this driver a penny in a civil case. Officers have to be professional and protect people’s rights whether they like to or not. But what is often overlooked is a citizen’s civic duty to aid law enforcement in making our communities safe. If that means keeping our mouth shut and taking the ticket and fighting it in court, then so be it. Don’t become a road side circus because you don’t think you deserve a ticket. I’ve had my share of speeding tickets but I never resorted to the childish behavior this driver exhibited.