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drewkittyHere's a verbal transcript.
The two Florida cops contact the student from behind (which is not bright) on the direction of a man wearing a suit. Suit-wearer sees the camera and steps out. Then Suit dashes back in to take the mike.
Once the officers have gone hands-on, and he resists, it's ON. The power-drive to get him to the back of the auditorium is good. This is what police sergeants are for. :)
The student tries to break contact (which is unlawful!) and says repeatedly, "I'm being arrested! What did I do? What did I do?"
Finally one of the officers states briefly, "You're under arrest."
Them are the magic words. Further resistance is now highly illegal.
He is told to put his hands behind his back and that he will be Tased if he does not comply. I heard two warnings, one male voice, one female. Not only does he fail to comply with the command, arguing that he did not do anything, but he continues to physically resist and turns around in the grip of the four (!) officers on him. He says, "Don't tase me, man." He is then Tased.
Once they cuff and perp-walk him, they have to issue "Stay back!" commands to the increasingly upset crowd.
So we've got the good news and the bad news. Once police make contact, the use of force is reasonable and proper and lawful -- assuming that they had a good reason to go hands-on.
The bad news is that the police officers have no cause, nor have they articulated a cause, to take any action towards him whatsoever. They went straight to hands-on without verbal commands or an explanation of their actions.
For the record, it is well within police authority to remove a disorderly person or a trespasser from a public gathering. But first you have to tell him to leave!
No one told this young man to leave.
So I count two charges of simple battery with a Federal enhancement of unlawful use of force under color of authority, with intent to violate civil rights (a felony). I'd also like to know Mr. Suit, because if he's a Federal officer I'd like to wipe my ass with his badge.
A clearer use-of-force free speech case has yet to be argued.
The two Florida cops contact the student from behind (which is not bright) on the direction of a man wearing a suit. Suit-wearer sees the camera and steps out. Then Suit dashes back in to take the mike.
Once the officers have gone hands-on, and he resists, it's ON. The power-drive to get him to the back of the auditorium is good. This is what police sergeants are for. :)
The student tries to break contact (which is unlawful!) and says repeatedly, "I'm being arrested! What did I do? What did I do?"
Finally one of the officers states briefly, "You're under arrest."
Them are the magic words. Further resistance is now highly illegal.
He is told to put his hands behind his back and that he will be Tased if he does not comply. I heard two warnings, one male voice, one female. Not only does he fail to comply with the command, arguing that he did not do anything, but he continues to physically resist and turns around in the grip of the four (!) officers on him. He says, "Don't tase me, man." He is then Tased.
Once they cuff and perp-walk him, they have to issue "Stay back!" commands to the increasingly upset crowd.
So we've got the good news and the bad news. Once police make contact, the use of force is reasonable and proper and lawful -- assuming that they had a good reason to go hands-on.
The bad news is that the police officers have no cause, nor have they articulated a cause, to take any action towards him whatsoever. They went straight to hands-on without verbal commands or an explanation of their actions.
For the record, it is well within police authority to remove a disorderly person or a trespasser from a public gathering. But first you have to tell him to leave!
No one told this young man to leave.
So I count two charges of simple battery with a Federal enhancement of unlawful use of force under color of authority, with intent to violate civil rights (a felony). I'd also like to know Mr. Suit, because if he's a Federal officer I'd like to wipe my ass with his badge.
A clearer use-of-force free speech case has yet to be argued.
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no subject
Date: 2007-09-18 11:33 pm (UTC)If you're going to use a Taser as a compliance tool, it's perfectly appropriate to give a verbal warning first. Of course, if your policies say that you can't use a Taser for compliance, there you go -- but then, why carry one?
What do you think police do? They achieve compliance. Verbal commands are a technique. So is the Taser. I have been Tased and it sucks. Pain is a great compliance technique.
The officers did not have him under control. They had him held down, but they did not have handcuffs on him. He disobeyed lawful orders and twisted around in their grasp to face them. As long as he's got his hands free, there is that outside chance of him pulling a weapon -- or more likely, taking one off an officer.
I don't think this was handled as cleanly as it could have been, but the Taser usage was not nearly as much of a problem to me as the mere fact that police dragged away someone engaged in free speech. The use of force was proper, IF it had hinged upon an unlawful act.
no subject
Date: 2007-09-18 11:56 pm (UTC)I'm not an officer, but this is for Tulsa, Oklahoma.
A Taser should be used for non-lethal subduing of "dangerous or violent subjects". It's better than using a gun in most instances (except where it has lead to death, of course). Subject has sword (or other weapon)? Clear need to taser. The student had his hands visible almost the entire time save when the police grabbed onto his arms.
It looked clear to me that he was complying to get on his stomach so they could handcuff him. It also looked like there was more than enough physical force there to subdue him without the need for a taser. Aikido teaches several ways to bend the body (or pressure points even for knees on the back and arm alone) to where it must go places.
I am concerned about the elevated use of tasers where unnecessary as well as that the side effects are rather unstudied.
no subject
Date: 2007-09-19 05:45 am (UTC)Taser has been extensively studied, not only by the vendor but by Force Science Institute and a number of academic institutions.