Federal Appelate Court rules use of Taser innapropriate if cop is not physically or verbally threatened

Honestly? Driving around naked (in underwear) and crying constitutes being incapacitated? Okay, its one thing if someone is running at you or making threatening motions (especially in their boxer shorts, then again look at ufc) or even using verbal abuse, but this young man was obviously experiencing some emotional duress and may or may not have been under the influence of something else. The article doesn't mention the use of drugs though so i doubt this was the case. the comment: "I can't think of someone who deserves to be tased MORE actually" is absolutely off the mark.

Example; someone holding a weapon and threatening to use it and/or someone refusing to leave an area where they are trespassing.

These might actually be warranted situations where a taser's function is an option. This guy wasn't wearing a seat belt and acting strange (HELLO AMERICA!). The entire basis of this court ruling is that many, MANY officers are using these weapons as preventative devices when there is no actual risk being posed by the "victim" and yes i say "victim" here because electro-shock therapy is an inhumane action and in my opinion even "criminal" in many cases.

Example; An elderly man in his 70's learns of his sisters death in a fatal vehicle crash... turns to the bottle, goes home and because of his emotional state and inebriation makes a loud scene (yet doesn't hurt anyone nor pose a real threat to anyone in his family). The neighbors call the cops because of noise, cops arrive to find man sitting in his yard crying and obviously drunk. They ask him to stand up, he tells them to leave him alone, they try to force him up, he gets "combative" in their eyes when really he just wants to be left alone, they tase him in the neck, he dies on the way to the hospital.

this is INAPPROPRIATE use of a LESS THAN LETHAL weapon!

All I can say is that this whole "future weapon" trend within law enforcement (I recently saw something about a LASER GUN!?!) is out of hand, it provides an excuse for officers to use their weapons with LESS OF A RISK of fatality, but they are abusing the rights of the people to be treated fairly. Again, this is not to say there aren't some situations when tasers are required as an alternative to shooting, but too many cops are trigger happy these days!

sorry for the length, but this is an important issue to me.

PEACE, LOVE & RESPECT

Oh come on it sounds like this guy deserved it. Driving around NAKED and CRYING??? I can't think of someone who deserves to be tased MORE actually, with the crap I've dealt with in my life for merely riding a motorcycle fully clothed and acting like a normal person

Oh come on it sounds like this guy deserved it. Driving around NAKED and CRYING??? I can't think of someone who deserves to be tased MORE actually, with the crap I've dealt with in my life for merely riding a motorcycle fully clothed and acting like a normal person

I bet cops are annoyed at that one. They typically use them to make a person listen, not because they feel theatened.

Most police forces are out of control in this country, I was once tasered for calmly saying to an officer and I quote myself "IN MY OPINION OFFICER, you should bee wearing a swastika in place of that flag on your shoulder" in a non-threatning calm voice. then Bzzzzrt! I was laying on the ground flopping like a fish. I always though there was a thing called Free speach gues not.

Does that mean I can then use a taser if a police officer threatens me verbally? And really, what's to stop one intent on using it from lying even if a suspect doesn't threaten verbally? So in other words they make you think they gave you something when in essence they still kept the door open for its unconstitutional usage.

I guess I prefer the use of a taser over the use of a gun, but I have to wonder about their safety. Humans come in such a wide variety of sizes, shapes, ages and infirmities. Can tasers cause permanent damage or even death if the targeted individual is smaller in stature or aged and/or infirm? In addition to standards involving the threat involved, should there also be standards as to the kinds of individuals on which they should not be used?

When can a civilian use a tazer without getting in trouble?????

It's about god damn time!!! Verbal threats though? So they are saying, if some guy, or Grandmother,(google "grandma gets tazered") talks shit they can tazzer them? What a bunch of BS!!! The government has too much power. Rise up!! Storm the castle walls!!!

So, if a cop is verbally threatened, he/she can use a taser on the threatener? What is an example of a verbal threat that necessitates that someone be tasered?

Wait, verbally threatened? Cops can't arrest you or tase you because of something you said. That's a violation of the First Amendment.

One of the main reasons I do not carry a taser as a Police Officer is the lack of defined usage limitations on it. The current (as of before this ruling) standard is "If an officer has the need to touch the subject for any reason they have the "authority" to deploy a taser. The problem with this is when crying a taser if an officer gets into a fight with a resisting suspect the suspect can claim they should have just tased me instead of tackling me or what ever. This ruling should help both Officers and the Public.

In the situation represented in the court case I can not state what I would have done based on the information provided in the summery. I do however welcome the courts ruling, and I feel it is far more appropriate than the established standard.

bout time, those f%&#ing suckers HURT!!!

stop the police's abuse of power. I'm on that boat.

A small win for the people.

Great news! Hopefully this will reduce the number of deaths caused by this "less than lethal" weapon.

why does this have the south park.... "its coming right for us"... writen all over it...

I hope this is just a beginning towards fixing our judicial system.

Joe--If you click the link on this story, Current's little tracking device makes the link come up with a required sign-in. If you click the X at the top right hand corner to eliminate the Current banner, the link goes to the full story. Not a fan of Current tracking my links...very invasive.

Good post, hope we see more rulings like this. As long as cops don't answer for excessive violence, they will continue to employ excessive violence.