Can an officer tase someone who is already in handcuffs?

Question

I have personally had this happen to me and want to know what the actual legal ramifications of these actions are. I was tased AFTER being handcuffed and for the simple act of standing up!!! My back was to the officer and I obviously presented NO threat but was tased anyway!!! Please leave your responses!!!

Answer 1

If you were in custody and stood up after being told to stay down, you presented an officer safety issue.
I too, have been kicked, bitten, head butted, and had to go in foot pursuit of people in handcuffs.
The officer has the right to administer reasonable non-lethal force on non-compliant suspects in custody.
You would not have liked the outcome before there were tasers. They hurt a hell of a lot less than batons, or being knocked to the ground in a football tackle.

Answer 2

And WHY were you handcuffed and tasered ?? Because you were on your way to church Sunday morning , and the cops stopped you because it was a slow morning and decided to have some fun ?

There are no "legal ramifications" for cops when you are handcuffed , then decide to play the "hero" and kick the cops , spit at them , head-butt them , etc etc , and get a taser up your aasss as a result . YOU DESERVE IT !!

There may be legal ramifications though ........... for YOU . But you`ll find that out in court ..............

Answer 3

A police will say nething to get himself outta trouble. Standing up in handcuffs doesnt pose much a safety issue but cops are quick to judge.
Dont forget bout the deaf guy who was shot for getting out his vehicle. He had NO weapons but police said they felt threatnd. Really yous hav months of training and all kinds of weapons and Yous feel threatnd? Giv me a break. Its those kinda cops who giv the good ones a bad name. Being a cop is jus a job. And like the people at ur job ther are the aholes and liars and back stabbers and those who would step over anyone to get ahead. Stop treating the police like saints. Ther human and make errors all the time and jus like at ur job should b held accountable for them

Answer 4

yes you can be tased (unless you would rather be shot) if you pose threat to an officer. you may have only been standing up, but it was most likely after they had told you not too.

you could try and sue, but i don't think you'd get anything out of it, except for a very high lawyer bill.

Answer 5

The officer has disgression if you are disobeying his orders to use force when needed. Now to what extent of that force is a grey area.
Questions needing answered would be:
Were you arguing w/ the officer?
Did he tell you to stay seated?

I tend to think they are given more lientency on what kind of force they can deem necasary. I would suggest you speak with a attorney if he cause bodily harm and you can call a lawyer for a 1 time call for free consoltation.

Sorry to hear about your run in w/ him.

Answer 6

If they were yelling at you to "not move" or "stay down", and you struggle to your feet, and you were presenting a threat before the cuffs, there is a legal right to tase you.

You call it a "simple act", but you must follow law enforcement instructions in handcuffs for your own safety as well as others.

Answer 7

Obey when the officer tells you to do something, and this is a moot point. The fact that your back was to the officer could have been interpreted as you attempting to escape.

Answer 8

While trickle-down economics doesn't work, trickle-down cretinism does.

There are lots of abuses done in the knowledge that ther is likely not to be any accountability.

I your case all that needs to be said (true or not) iss that you were told to stay down and did not. They regarded your standing up as a threat (not to mention a disregard of their God-like authority) so they put you down again.

This will get them off the hook most anywhere in the U.S. even if they were just having fun. Unless somebody made a video and they didn't manage to get the camera and destroy it, which has become SOP.

Stupid actions by law enforcement fringe types have eroded respect for the law horribly over the last 25 years.

Answer 9

I'm from the UK, our police ain't armed (Even with tazer's) but i'd imagine that the Police Officer would only be able to justify the use of his tazer by being in fear of his safety.. If you were facing away from him and presenting no threat, then i would report him to his bosses..
However, the officer is going to be a much more believable witness than you are...

Answer 10

Um, don't stand up in handcuffs? Just do as your told, and you won't get tasered. It's really quite simple. Just because you think or rather know you weren't a threat doesn't mean the officer perceived it that way.