farglebargle -> RE: Police taser man for alleged speeding ticket.... (11/30/2007 11:05:36 AM)
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quote:
ORIGINAL: luckydog1 "(a) there is reason to believe the notice will endanger the life or safety of the officer or another person or will likely enable the party being arrested to escape;" Farg you have to look at the "OR". It is inapplicable in this case. Sure, it *might* apply in other circumstances. That's why the legislature explicitly carved out that exemption. However, it's CLEAR from the video tape, and the officer's own actions and words both prior and subsequent to the torture, that FLIGHT was never a concern. If it *was* a concern, then the suspect would have been IMMEDIATELY confined to the cage in the back of the patrol car. quote:
If the officer simply stood there giving a speech" Why do you mis-characterize the DUTY of informing the arrestee, "You are Under arrest for _Fill in Charge_"? as anything more than the few seconds it is? That neglects, "Why wasn't 77-7-6 followed PRIOR to ordering the victim out of the vehicle?" or at any other time EVEN AFTER DRAWING THE TORTURE DEVICE? quote:
while the suspect walked away and got in his car, it would likely enable him to escape. It is MORE LIKELY that if the Victim was PROPERLY ARRESTED, he wouldn't have attempted to walk away from the crazy person. I have no problem with people submitting to LAWFUL authority. In this case, the officer screwed up all along the line. Maybe it's the "New York" thing, and we have higher standards than some hick in Utah?
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