bucs90
Gold Member
- Feb 25, 2010
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TASER use restricted in 5 states by U.S. 4th Circuit Court of Appeals
A MAJOR court ruling just occurred. Fellow cops and lawyers will know why it's big. Others might.
In short....federal 4th circuit just ruled cops cannot use a taser on anyone resisting arrest UNLESS the resistance is an "immediate threat to others or the officer". If not....the "PAIN" is unconstitutional. Not the tool. The pain (important distinction the court accidentally made).
Came from a mental whacko hugging a pole being detained by court order. He wouldn't let go. Cops gazed him. He later dies (not from the taser) but family sued anyway.
COURT RULED......THE PAIN....not the device...caused a violation of his rights. NOT the taser...just the pain. So....if cops in the future use a pressure point technique to get compliance....guess what? There's now a ruling that causing pain is unconstitutional...UNLESS they are an immediate threat.
So....if you're under arrest.....hug a pole. Cops can't taze you. Can't pressure point you. Can't do anything that causes pain. Period.
If Eric Garner was tazed....he'd probably be alive today.
But NOW......cops are gonna have to fight them. BUT....only in a way that doesn't cause any pain. Because the 4th Circuit Federal Court ruled that if you A) Resist arrest and B) But aren't threatening anyone else.....cops can not cause you any pain. To do so is now illegal.
Holy fucking wow. Mission impossible.
A MAJOR court ruling just occurred. Fellow cops and lawyers will know why it's big. Others might.
In short....federal 4th circuit just ruled cops cannot use a taser on anyone resisting arrest UNLESS the resistance is an "immediate threat to others or the officer". If not....the "PAIN" is unconstitutional. Not the tool. The pain (important distinction the court accidentally made).
Came from a mental whacko hugging a pole being detained by court order. He wouldn't let go. Cops gazed him. He later dies (not from the taser) but family sued anyway.
COURT RULED......THE PAIN....not the device...caused a violation of his rights. NOT the taser...just the pain. So....if cops in the future use a pressure point technique to get compliance....guess what? There's now a ruling that causing pain is unconstitutional...UNLESS they are an immediate threat.
So....if you're under arrest.....hug a pole. Cops can't taze you. Can't pressure point you. Can't do anything that causes pain. Period.
If Eric Garner was tazed....he'd probably be alive today.
But NOW......cops are gonna have to fight them. BUT....only in a way that doesn't cause any pain. Because the 4th Circuit Federal Court ruled that if you A) Resist arrest and B) But aren't threatening anyone else.....cops can not cause you any pain. To do so is now illegal.
Holy fucking wow. Mission impossible.