is it legal for a police officer to tazer a person who is innocent to get them out of the way?
2006-11-29 13:19:59 · 12 answers · asked by bearcatz_07 4 in Politics & Government ➔ Law Enforcement & Police
An officer has the right to clear a path of people that obstruct a crime scene, or pose a potential threat to him and could argue you failed to comply with his lawful order to remove yourself from his proximity
which is why he would resort to using non lethal force if all else failed. And depending on the situation, hed probably win his arguement.
But this is more an argueable hypothetical, for in real life, people know when they might be a threat to an officers duty.
Best illustration I could use, is when my nephew purchased a used vehicle from someone. We drove behind him on the freeway because there was no license plate and w tried to cover the fact.
Well police stopped him anyways
We pulled over some way past them, and walked back to try to help explain, while the officer conducted his checks on the vehicle and my nephew.
When the officer saw us walking towards him, his hand reached for his weapon, and he ordered us to keep away -- for his own safety. which makes sense nowadays, because people are killing police officers in the streets when theyre being pulled over for silly reasons
Had we decided tostay and present a 'potential' threat to him, he would have been justified in tazing us, or drawing his weapon at us. Not shooting us, because we kept distance and showed no weapons. But use of non lethal force would be justified, and no one could really argue that.
I hope that illustration helps some.
2006-11-29 13:35:59 · answer #1 · answered by writersbIock2006 5 · 0⤊ 0⤋
I guess it depends on what the circumstances are....I can only guess on that being acceptable if the innocent person in the way wasn't compling with instructions to get out of the way and was obstructing the police from making a lawful arrest and/or putting someone, (suspect or cop) in danger.
2006-11-29 13:31:56 · answer #2 · answered by Bigdaddy 2 · 0⤊ 0⤋
This question is poorly worded.
If the person is "in the way" in the sense that they are obstructing the officer from completing his duties, then I would say they could use force against them if they failed to move upon lawful order to do so. In some agencies that use of force could include deployment of a taser or similar weapon.
2006-11-29 14:25:16 · answer #3 · answered by James P 4 · 0⤊ 0⤋
well, first off, there is no bystander law, like someone posted. Secondly, if you are in the way, are told to move and you do not...congrats you are no longer "innocent". You are now "one under" usually for disorderly conduct, obstruction of Governmental administartion, refusing a lawful order (yes, if a cop tells you to do something while he is doing his job and you refuse, you are subject to arrest) As far a tasering (Thomas A Swifts Electric Rifle, FYI) that is usually only for violent people, who are resisting. Much like mace. Its considered non lethal force and is used for compliaces and to incapacitate, when neccessary. If you get tasered, you really pissed off some cop and most likely deserved it. To much paper work for kicks....
2006-11-29 15:31:08 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Who says you are able to't nevertheless be a threat at the same time as in handcuffs? The suspect nevertheless has ft, enamel and a head, they could (and could) use their head for a battering ram, kick at something they are able to looking ... or perhaps bite. an excellent type of folk make the blunders of thinking someone in handcuffs to be constrained and hence now no longer a threat. It basically isn't so. definite, police ought to have good reason to taser a handcuffed problem. they could actually have reason to shoot a handcuffed problem reckoning on the circumstances!
2016-10-16 11:07:52 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Perhaps, by whichever states allow it, yes. And, if that person was obstructing justice, yes. Cops are there to protect everyone's safety, so if someone else is hindering that effort, then I would say they could use it. Anyway, they only use that as a last resort.
2006-11-29 13:35:42 · answer #6 · answered by knownothing 4 · 0⤊ 0⤋
once a person is ordered to move, If they do not move, they are now disobeying the lawful orders of a police officer.
At that point they are no longer innocent.
2006-11-29 14:19:57 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Why would I taze someone to get them out of the way? If I am ordering someone to move and they refuse, I m,ay taze them in that circumstance. I'll also arrest them. But not to get someone to move.
2006-11-29 13:45:19 · answer #8 · answered by spag 4 · 0⤊ 0⤋
no it violatesthe bysander law which protects you from things like that when you have nothing to do with a situation or are a threat
2006-11-29 13:28:25 · answer #9 · answered by mavrick 2 · 0⤊ 0⤋
yes u can because u would be obstructing justice
2006-11-29 15:22:42 · answer #10 · answered by glock310 3 · 0⤊ 0⤋