Man tased in order to obtain DNA sample

[brandonb]

Cases like this want me to go "postal." (not at my employment, but against the gubberment)

 

[daishi5]

Originally posted by: mugs

Originally posted by: sactoking
Wow, that's:

1) Excessive use of force

Maybe

2) unreasonable search and seizure

No

3) violation of the Fifth Amendment

No

Is giving a DNA sample that you know would link you to a crime considered giving testimony against yourself? There must be some previous cases on this matter, but I have no idea where to start looking.

 

[waggy]

Originally posted by: Gonad the Barbarian

Originally posted by: techs
Some things are not clear in the article.
Did the suspect resist arrest? If the police came with a court order and he refused to comply he should have been arrested. If he resisted arrest the taser was appropriate.
However, to tase him to obtain the sample seems to be wrong.

From the more detailed article I linked to:

Smith was handcuffed and sitting on the floor of Niagara Falls Police Headquarters when he was zapped with the 50,000- volt electronic stun gun after he insisted he would not give a DNA sample.

This guy is a real PoS, but it really bothers me so many people, especially that judge, seem to think it's OK for law enforcement to behave this way.

yeah i disagree with the judge. this was nto a time to use the tazer.

 

[TruePaige]

Originally posted by: waggy

Originally posted by: Gonad the Barbarian

Originally posted by: techs
Some things are not clear in the article.
Did the suspect resist arrest? If the police came with a court order and he refused to comply he should have been arrested. If he resisted arrest the taser was appropriate.
However, to tase him to obtain the sample seems to be wrong.

From the more detailed article I linked to:

Smith was handcuffed and sitting on the floor of Niagara Falls Police Headquarters when he was zapped with the 50,000- volt electronic stun gun after he insisted he would not give a DNA sample.

This guy is a real PoS, but it really bothers me so many people, especially that judge, seem to think it's OK for law enforcement to behave this way.

yeah i disagree with the judge. this was nto a time to use the tazer.

Same. The suspect was already sufficiently under control.

 

[Cuda1447]

I have to agree with self-incriminating evidence side of things here. I mean, if he doesn't want to give it, I don't give a damn if the court ordered it or not. Arrest him, have due process and settle this in the courts. This isn't the fucking wild west. Now if he was resisting arrests, well thats another story.

 

[piasabird]

I think Tasers in this case are a form of Torture. I am against using tasers. Just go get the person and if he resists arrest shoot him dead. Case solved.

 

[DrPizza]

I agree with the guy's lawyer. Where does it end? You can't simply decide to use tasers to force compliance with court orders. If someone doesn't pay their child support, according to this judge's decision, you could taser them to get them to turn over the money, rather than drag them into family court.

edit: the "victim" is apparently a POS, and probably belongs in prison. However, I doubt this will be the end of the story. I'm pretty certain this is going to go to a higher level.

 

[techs]

Originally posted by: Gonad the Barbarian

Originally posted by: techs
Some things are not clear in the article.
Did the suspect resist arrest? If the police came with a court order and he refused to comply he should have been arrested. If he resisted arrest the taser was appropriate.
However, to tase him to obtain the sample seems to be wrong.

From the more detailed article I linked to:

Smith was handcuffed and sitting on the floor of Niagara Falls Police Headquarters when he was zapped with the 50,000- volt electronic stun gun after he insisted he would not give a DNA sample.

This guy is a real PoS, but it really bothers me so many people, especially that judge, seem to think it's OK for law enforcement to behave this way.

Yeah, I didn't read the whole article. The fact he was already handcuffed and under control makes it completely wrong. In fact, it's assault against the suspect.

 

[JS80]

Why would you risk losing the case to get a DNA sample. There's gotta be easier sneaky way to do it. Or did it have to officially be a cheek swab (which is what I'm assuming).

 

[Gonad the Barbarian]

Originally posted by: JS80
Why would you risk losing the case to get a DNA sample. There's gotta be easier sneaky way to do it. Or did it have to officially be a cheek swab (which is what I'm assuming).

I shudder to think that maybe they didn't think they were risking the case by doing this, and according to at least one judge they weren't, which makes it all the more terrible.

 

[DisgruntledVirus]

The cops were in the wrong, and as much as this guy needs to be behind bars this case should be thrown out at minimum. That was not a legal, nor constitutional, way to get the DNA. You want his DNA fine, have a cop tail him, and get some glass from a bar that has his DNA. Or get a court order to search his home and pull some from there.

This was NOT the way to obtain it, and him being in cuffs already is way too far.

 

[jonks]

How about they arrest him for violating a court order, bring him before the judge who ordered the dna sample and if he refuses to comply hold him in contempt and throw him holding until he relents. No need to get all barbaric.

IMO while there's very little chance this method of evidence gathering will stand on appeal, I think it very unlikely they'll exclude the sample or dismiss all charges, or if they do, toss the sample they will simply order him to give another one without tasing him first, and if he refuses, see paragraph 1.

 

[jonks]

Originally posted by: Bateluer

Originally posted by: OCguy
Tasers need to be banned from law enforcement completely. They use them waaaay too easily.

For cell phone use and "pushing" (It is intertwined with a gun story, but they arent the same incident)

http://www.postgazette.com/pg/09155/975068-100.stm

Yeah, we'll just go back to shooting suspects in the legs or pistol whipping the face. :roll:

The guy refused to comply with a court order. If a taser stun was the most efficient way for the cops to get the DNA, then he gets tased. The article makes no mention of the crimes either, they could have been violent crimes and the officers may not have wanted to approach him.

Please tell me a case where refusing to comply with a court order got you shot or beaten.

As to your "most efficient way" standard, I'm sure putting a gun in his mouth and cocking it would be pretty efficient too.

"Article makes no mention of the crimes either." Huh?