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Officers Must Have Reasonable Grounds To Use Taser

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  • Officers Must Have Reasonable Grounds To Use Taser

    The latest from the 9th Circus Court Of Apples...................

    A Coronado, Calif., police officer used excessive force when he shot a Taser dart at a young driver who was stopped for a seat belt violation, a federal appeals court ruled Tuesday.

    Carl Bryan, then 21, fell to the asphalt after being struck by the dart, breaking four teeth and suffering facial cuts. He later sued the Coronado Police Department and Officer Brian MacPherson.
    Full Story
    http://www.latimes.com/news/local/la...,6106325.story
    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

    [George Washington (1732 - 1799)]


  • #2
    Isn't that a prerequisite already? Unfortunately the few guys in every department that are quick to use the taser in situations when it's not really needed are going to ruin it for the rest of us.

    Comment


    • #3
      Seriously, WTF can you make of this? The only description of the incident in the article is:
      Bryan was wearing only boxer shorts and tennis shoes and was clearly unarmed. Bryan was standing about 20 feet away with his back to MacPherson when he was hit.
      So you can't taze anyone who's unarmed, now? Is that what it's coming to? So if you're faced with a 250 lb MMA fighter who's juiced up on PCP and is angry and non complient, but is wearing nothing but his fighting trunks, you're only allowed to use OC spray and go hands on?

      What a bunch of B.S. Yeah, I'm sure the guy was just calmly standing there and the cop tased him for no reason whatsoever. Maybe the new guidelines will include how many times a cop has to say "pretty please" before he can use any force whatsoever.
      "No one can make you feel like a turd without your permission." - Eleanor Roosevelt.

      Comment


      • #4
        This sounds like an order on rehearing of a case decided last year.

        As I recall, the driver got out of the car and stood near it, disobeying an order to get back in the car. Although he was unarmed and did not attack the officer or even attempt to approach him, the officer shot him with a Taser. So, all the case stands for is that you can't Taser someone who is not a threat.

        Remember, the case did not go to trial. Given the procedural posture, the court had to assume that the plaintiff's version of the facts is true.
        Facts do not cease to exist because they are ignored. -- Aldous Huxley
        Two things are infinite: the universe and human stupidity. -- Albert Einstein

        Comment


        • #5
          The way things have been going, I am now wondering how long it will be before we are no longer allowed to arrest anyone unless we have their explicit permission to do so, in writing.

          "Sir, may I please arrest you for robbing that bank? No? Pretty please? With sugar on top?"

          -V

          Comment


          • #6
            For a more thorough discussion of this case, see
            http://forums.officer.com/forums/sho...light=coronado
            Facts do not cease to exist because they are ignored. -- Aldous Huxley
            Two things are infinite: the universe and human stupidity. -- Albert Einstein

            Comment


            • #7
              This ruling came out months ago.

              Comment


              • #8
                Gotta love the 9th Circuit
                "I would suggest that when a person has a thought of doing anything serious against the law, that before they did, that they should go to a quiet place and think about it seriously."

                William George Bonin - Executed in Calfornia Feb 23rd 1996

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                • #9
                  Sounds like the 9th circuit's usual BS...... Wow.....Let cops be cops.......Jeeze.....
                  Blessed are the peacemakers: for they shall be called the children of God. - Matthew 5:9

                  Welcome to the greatest show on earth......

                  Comment


                  • #10
                    Originally posted by vincelli View Post
                    The way things have been going, I am now wondering how long it will be before we are no longer allowed to arrest anyone unless we have their explicit permission to do so, in writing.

                    "Sir, may I please arrest you for robbing that bank? No? Pretty please? With sugar on top?"

                    -V
                    Don't TASER unarmed non combative suspects. Seems simple to me. If Officer Mcpherson would have gone hands on and the suspect resisted, there would be no discussion about this incident at all. The 9th wouldn't have had the opportunity to decide on the case and some Cops wouldn't be over reacting to the decision.
                    It takes a Wolf.......

                    Comment


                    • #11
                      .

                      I believe one department (can't think of the name) was basically issuing traffic citations and when someone wouldn't sign the ticket (we don't have that requirement here), they'd tase them. I believe there is the video of them tasing some elderly lady and so forth.


                      They were all reprimanded. Like someone said, ruining it for everyone else.

                      .

                      Comment


                      • #12
                        Enough cops on my PD ruined it for the rest of us... so the taser is directly below deadly force and can only be used during "active aggression"
                        “The man in black fled across the desert, and the gunslinger followed."

                        "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."

                        Comment


                        • #13
                          So could one draw from this that instead of each department formulating it's own policy, there will instead be a single policy promulgated by the 9th circuit court (applicable only in the 9th circuit)?

                          Otherwise, how is a department going to know if their policy adheres to the courts finding on what constitutes reasonable grounds?

                          Comment


                          • #14
                            Originally posted by zr5667 View Post
                            So could one draw from this that instead of each department formulating it's own policy, there will instead be a single policy promulgated by the 9th circuit court (applicable only in the 9th circuit)?

                            Otherwise, how is a department going to know if their policy adheres to the courts finding on what constitutes reasonable grounds?
                            Reasonableness is subjective and based on what the individual officer believes at the time. Graham v. Connor Thats the Supreme Court. Departments need to be responsible for thier own actions as do every single police officer. Department Policy dictates where the TASER fall in the use of force. It works fine when Cops adhere to their Policies and adhere to the resonable officer standard for Graham v. Connor.

                            It is not reasonable to TASER an unarmed NON COMBATIVE SUSPECT. It is reasonable to TASER and unarmed COMBATVE suspect.
                            It takes a Wolf.......

                            Comment


                            • #15
                              Makes sense that a rigid standard wouldn't work too well.

                              So I guess as a department, you just have to hope you didn't hire anybody who's "trigger" happy.

                              Comment

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