Police can use tazer now just to obtain DNA sample., page 1

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Topic started on 9-6-2009 @ 01:27 PM by Now_Then

Was not too sure where to post this really - I consider the Tazer a weapon, so it is here I shall post it. (the story is a bit too old for breaking news)

LOCKPORT — It is legally permissible for police to zap a suspect with a Taser to obtain a DNA sample, as long as it’s not done “maliciously, or to an excessive extent, or with resulting injury,” a county judge has ruled in the first case of its kind in New York State, and possibly the nation.

Jeese the American cops love these devices don't they? I don't think we have the same scale of problem over here, but we are following suit,

He already had given a sample, a swab of the inside of his cheek, without protest the previous month. But police sent it to the wrong lab, where it was opened and spoiled. Prosecutors who had obtained a court order for the first sample went back to Sperrazza, who signed another order without consulting the defense.

Defense lawyer Patrick M. Balkin denounced the ruling in an interview with The Buffalo News.

So basically this guy had already given a sample, that was spoilt by it being sent to the wrong place, so they asked this Smith guy to sign and give another sample, he signed, his defence found problems with that so Smith refused, he was handcuffed And they tazed him just for the DNA

He was handcuffed for hecks sake!

Edit: link

[edit on 9/6/2009 by Now_Then]

reply posted on 9-6-2009 @ 02:09 PM by grapesofraft

reply to post by Now_Then

What country did this occur in?

reply posted on 9-6-2009 @ 02:22 PM by redhead57

I have been on ats making lots of noise about police in NY state. This does not surprise me at all, but saddens me deeply. NY is fast becoming a police state as more and more local departments are getting the newest torture tools. Last I knew Lockport wasn't that bad, I really was surprised about that one.

So, what the heck are we supposed to do now in NY? With more and more abuse and dirty cops something needs to be done. I for one have no real idea what to do, people are afraid to organize and protest anymore so what is left?

reply posted on 9-6-2009 @ 02:35 PM by Now_Then

What worries me a bit is those 'sterile' barbs they use could easily and secretly be replaced with ones that could deliver something very nasty. Just say for instance they need to forcibly get samples from large numbers of uncooperative people (just the sort of people you woud rather just go away).

Well now the precedent has been set, whats to say police carry around some peice of kit based on the tazer mechnism, but maybe not with the electric junk in it - you know a device that is just for collecting DNA in that way.

reply to post by grapesofraft

USA NY state.

reply posted on 9-6-2009 @ 04:10 PM by TurkeyBurgers

This is kind of unbelievable. I wanted to call this story complete and utter bull or say something like "Ha suckers that is what you get for living in ENGLAND!" but I followed the link you provided and...sure enough it is accurate.

I do not know what to type here. Wow. Did this really happen in America? In my land?

I am not as concerned about the DNA acquisition as I am a handcuffed man being tased while on the ground.

WTF? Is there more to the story that is missing? Was he kicking the officers in the face or something? Why did they taze him while he was handcuffed and on the ground? They used a taser to gather DNA? ?!?!?!?!?!?!?!?!??!?!?!?!?!

reply posted on 9-6-2009 @ 04:16 PM by Now_Then

reply to post by TurkeyBurgers

Seemingly he felt that he had fuflifed his requirements by voluntarily providing the first sample... That sample was then made unviable because of some cock up - sent the wrong place and opened.

Presumably the police considered him uncooperative and saw the Tazer and handcuffs as the best way to go.

If I read it properly then a judge then said (after the fact?) that the police were correct... Thus setting a precedent for future use of the same tactic.

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