Son was arrested, pictures prove excessive force was used. He and his attorney have requested a jury trial as the investigation shows the police never spoke to him, never said stop walking, they simply tased him in the chest! He was never told he was under arrest, never read his rights. When I was told he was taken by ambulance to the hospital, I asked which one and was told they would not tell me. I informed the "man in charge" (jerk, cuss, spit) that my son was diabetic and could he please inform the officer with my son, he said "NO". My son's blood sugar was not checked in the ambulance, nor at the ER. The cop punched him in the chest, driving the taser dart so deep that it had to be removed in the ER by numbing his chest and cutting it out. Does anyone know where I can find any information on the training officers receive on when using a taser is warranted? My son was not armed and was given no warning, just bam! darts in the chest, directly over his heart.
2006-11-25 05:28:48 · 15 answers · asked by idrinkclassic 1 in Politics & Government ➔ Law Enforcement & Police
I think the cops were right.
Coach
2006-11-25 05:36:10 · answer #1 · answered by Thanks for the Yahoo Jacket 7 · 6⤊ 1⤋
Pictures provide evidence that FORCE was used. Excessive force would be a finding of fact for the jury.
I note that you said "he was never told he was under arrest, never read his rights." So you're telling me that your son was just walking on the street, dum de dum, and out of nowhere a cop tased him and then punched the dart into his chest?
During the discovery process of a civil suit, you could request the training curriculum for Taser use and for the guidelines on use of force. You could then see if you can prove substantial deviation from that training.
Something smells bad here. Has your son had prior interactions with the police? Does he have priors? Was he in violation of a curfew? Obviously none of these warrants use of force, but I doubt this is a totally innocent law abiding guy who was just walking on his merry way and then welcomed to Taserville.
2006-11-25 06:05:39 · answer #2 · answered by Anonymous · 3⤊ 1⤋
I tend to agree with most of the answers here that there is more to the story.
However, there is more than one type of arrest. Constructive custody is where the officer has taken someone's freedom to walk away. Most people watch alot of TV and reality is often the 1st victim of that. An officer doesn't have to Mirandize a suspect automaticly. If he/she never asks questions of the suspect, there is no need to. I always do....but thats just my style of policing. The Courts have come down with very specific and clear rulings on the rights of citizens and what actions police can and cant do.
I hope you find the truth that you seek. It might not be what you
want to hear, however.
2006-11-26 00:21:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
tough question... there has been no bright line rule established by any courts as to where the taser falls on the use of force continum. I can tell you it's REAL low though.
Most departments put it right above an AIP (mace etc), some put it just below impact weapons (baton etc).
I realize this is your child and everything, but you are jumping to conclusions. Read the police report and see the officers side before you jump to conclusions about excessive force. A taser is really almost no force at all so your going to have a real hard time with a civil case. Good luck!
2006-11-25 05:40:59 · answer #4 · answered by Matt B 2 · 4⤊ 1⤋
You listen to too many of the douchebags who tell you this crap on line. The cop does not specifically have to say "I am detaining You" or " I am arresting you" That is bullshit the morons from Copblock thought up. Anybody with common sense knows that when a cop tells you to stop, you stop. What he is saying has the force of law. Als, there is no reason for cops to advise you of your rights unless they want to take statement/confession from you and us that against you. That is also a wives tale that the morons on here blather about. And the cops also don't have to tell you that you are under arrest. When they put you in handcuffs and stick you in the back of a Police car, you are supposed to be able to figure that out for yourself. Yes, he only wanted to talk to, but you escalated because you were so much smarter than the cops. Yes, it is still resisting. I feel sorry for you. If you (and lots of other kids who erda this site) paid attention to what normal educated people tell them, they could save themselves a lot of trouble.
2016-03-29 08:38:16 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I can almost guarantee that, not only will you lose, but the results of your actions will result in the maximum possible sentence. I'd make damn certain your son's lawyer is of the highest quality. Because it sounds to me like you guys are in incredible trouble. You never, ever, EVER request a jury trial unless you are 100% certain you will win.
2006-11-27 15:38:34 · answer #6 · answered by Anonymous · 1⤊ 0⤋
This sounds like a one sided story to me. At the time of the incident you describe, it is possible that the officer was attempting to "detain" your son, not arrest. It is also possible that he could not facilitate an arrest due to circumstances that caused the officer to feel the need to use a taser. It is also possibel that your son brought the attention to himself because he was acting in a manner that was suspicious or attracting attention.
2006-11-25 05:39:02 · answer #7 · answered by Smurfetta 7 · 7⤊ 1⤋
Me thinks he didn't tell you the whole story.
If he was "walking away" the taser things would be in his back....UNLESS they were trying to stop him. THen they would have shot the taser at his front.
I'm sure the police were silent and just tased him for the fun of it....
Is it possible that low blood sugar contributed to the situation? I know many diabetics - and one we had to prevent from walking into the lake by force - he had told us he was going next door to eat - and walked into the lake....
2006-11-25 05:49:30 · answer #8 · answered by Anonymous · 6⤊ 1⤋
Well when someone is resisting arrest the officer has to subdue the suspect so he/she does not get away. In those types of cases mace, stun batons, etc... are used. & I think some states regulations are different than others.
2006-11-25 05:48:09 · answer #9 · answered by Island Nimbus 2 · 2⤊ 1⤋
The most logical answer is....you/your son has a vivid imagination to skew the facts so much in his/your favor.
2006-11-25 16:16:18 · answer #10 · answered by baalberith11704 4 · 4⤊ 0⤋
Would like to hear the officers story first.
Police don't usually walk up to people on the street and taze them for no reason. (It's actually too much paperwork )
Another point to ponder...If they are at the point they think they have to taze somebody, there only usual other option is to shoot them
2006-11-25 05:43:18 · answer #11 · answered by bobus1964 3 · 8⤊ 1⤋