Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum  

Go Back   Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum > Speed Trap & Traffic Enforcement > Economics & Politics
Radar Detectors Forum Logon:


Economics & Politics Discussion of the economic and political market driving factors of automated enforcement technology.

Reply
 
LinkBack Thread Tools Search this Thread Display Modes
  #1 (permalink)  
Old 2010-12-04
NMA Reporter NMA Reporter is offline
Senior Member
 
Join Date: 2008 Feb
Posts: 125
NMA Reporter is on a distinguished road
Exclamation California: Court Reaffirms Ruling Against Tasering Motorists

Article: California: Court Reaffirms Ruling Against Tasering Motorists

Judge Kim WardlawThe US Court of Appeals for the Ninth Circuit on Tuesday reaffirmed a decision handed down in January (read decision) limiting the ability of police to taser motorists over minor traffic violations. Coronado, California Police Officer Brian McPherson blasted motorist Carl Bryan, then 21, with a 1200-volt taser during a traffic stop over a minor infraction on the Coronado Bridge near San Diego, five years ago. Bryan lost four of his front teeth and was hit with "resisting arrest" charges. He sued, claiming excessive force had been used.

"We concluded that Officer Brian MacPherson used excessive force when, on July 24, 2005, he deployed his X26 taser in dart mode to apprehend Carl Bryan for a seatbelt infraction, where Bryan was obviously and noticeably unarmed, made no threatening statements or gestures, did not resist arrest or attempt to flee, but was standing inert twenty to twenty-five feet away from the officer," Judge Kim Wardlaw summarized.

The court found that this intermediate, significant level of force delivered by the taser must be justified by a significant threat to the officer. The League of California Cities and California State Association of Counties asked the full court to rehear the case decided by a three-judge panel. The court slightly modified its opinion to grant Officer MacPherson qualified immunity because he could have made a "reasonable mistake" given the uncertain state of the law at the time. A majority of appellate judges found the panel's reasoning sound and rejected Bryan's request to reopen the case on the question of that immunity. The finding opened a bitter rift among some of the judges.

"After mischaracterizing the record, misstating our holding, and attacking our opinion for language it does not in fact contain, Judge [Richard] Tallman ultimately bases his dissent to our decision against rehearing en banc upon the largely unsupported and nonsensical belief that use of a device designed to fire a dart up to one-half inch into bare skin and deliver a 1200 volt charge somehow does not constitute an intermediate use of force," Wardlaw wrote.

Wardlaw recited significant evidence regarding the dangers of using tasers, including serious wounds from the dart fired into the skin to death caused by the electrical shock and injuries from a fall, as happened to Bryan. In his dissent, Tallman focused on how Bryan was acting "bizarrely" when he pulled up to a seatbelt sting operation in his tan Toyota Camry. Tallman insisted that the officer "feared for his life" from the compliant man in boxer shorts standing twenty-five feet away.

"It is what Officer MacPherson knew, not Bryan's innocent, post-filing explanation favored by the panel, that must be considered in assessing objective reasonableness," Tallman wrote in his dissent. "Because the panel relays the facts from Bryan's perspective, rather than the officer's, it was no doubt easy to conclude that Bryan did not pose any threat to the officer. Looked at from a reasonable officer's perspective, however -- as Graham requires -- Bryan's behavior was volatile, irrational, and alarming. Any reasonable officer would be concerned for his safety."

A copy of the revised, final decision is available in a 210k PDF file at the source link below. Source
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply



Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
California Court Slams Wardens for Illegally Stopping Motorists Over Lobsters NMA Reporter Economics & Politics 0 2010-01-08 09:50
California Appellate Court Publishes Anti-Camera Decision NMA Reporter Economics & Politics 0 2009-01-30 14:50
California Supreme Court to Review Red Light Cameras NMA Reporter Economics & Politics 0 2008-09-28 11:30
California Appeals Court Defends Red Light Cameras NMA Reporter Economics & Politics 0 2008-06-16 10:22
Trial By Declaration: Fight A Traffic Ticket Without Going To Court NMA Reporter NMA Articles 0 2008-05-17 19:37


All times are GMT -4. The time now is 10:53.


©2019 SpeedTrapHunter