So what's next? Are we going to start tasering drunks who refuse to give piss tests? It's your right to not give the sample. The state can take your license for refusal, but they cannot force you to implicate yourself.
@av8thor: Just raised the driving suspension to two years in Louisiana on refusal of breathalyzer.
I would say a DNA sample is different and should be treated the same as fingerprints yes? imo - this is the same as someone being booked, refusing to be fingerprinted - only fingerprints can kind of be finagled from an unwilling subject.
Don't really agree with the tazer bit, and at the same time, the DNA sample does seem pretty intrusive.
Look, the defense is throwing up a bunch of technical reasons why he shouldn't have to give it up. Should he? yes, despite the fact that the cops muffed up one already. This is a typical "get offf on a technicality" example - and the problem with hte legal system in this country.
Being found guilty and being guilty are very frequently not the same thing. I may find 300 pounds of cocaine in your trunk, but unless I had a piece of paper telling me it was ok to look for it, you're still not guilty.
I know this strays a bit from the topic - but seriously, if the guy is refusing to give it evidence, one would assume it's evidence that would convict him, not clear him. So yeah, you should be able to taze the hell out of the guy, rather than see him get off in the courts because you put the wrong address on an envelope.
@Mitch: Well, I hate to side w/the suspect, but couldn't they have gotten some gum, a cup, turned the water off on his toilet, plucked some hair while asleep, etc? I mean, if House can do it....
Dang guys, get a life (referring to the above commenters). Of course it should be legal.
Do you guys ever try to put yourself in the position of the people you criticize?
Imagine: you're a cop, and you're standing there over some young punk who for some freaking reason won't give you a swab from his cheek again. You threaten him verbally. Nothing happens. Now you're just standing there, and all you want to do is get on with your life, get back to what you really became a cop for. How do you suggest this cop should get the swab? Should he get down there and force the guys's jaws open? Extremely hard to do, AND he'll probably bite the swab off if he's not cooperative. In case none of you knew, when you taser someone it actually renders them feeling pretty helpless and weak.
Its the same way with the freakin waterboarding thing. Everybody compares it to the wrong things, and out of context. Example: IN comparison to doing nothing to harm a human being, something like waterboarding is horrible. Even though there are more horrible things out there in the world, and waterboarding is one of the lesser forms of torture out in the world (for those of you unacquainted with the world, just take my word for it! there are worse things!!). Anyway, now everyone's getting into trouble for waterboarding. Imagine again though, if you were in a camp, and you were ordered to extract information from a terrorist guy that might help save other's lives, and you are restricted to just.....what??? yelling at him? You think anyone will tell you anything? If you do...you have problems. An educated person will realize that war is war, and one persons life is worth much less than those he is trying to murder. Why the hell do you think the vietnamese, japanese, germans, etc. had such horrific forms of torture? Sure they went too far, but they understood the value of information. I think we should keep waterboarding because to me it seems like one of the least violent (compared to torture) forms that may still yield results.
All this to say.....look at it through the guy doing the job's eyes.
@vicsells: "who for some freaking reason won't give you a swab from his cheek again."
Dude, I nailed my wife last time, but I wasn't satisfied. I asked my wife if I could nail her again, but she said she was tired. I TOTALLY raped her for that, because of course consent the first time means that she would definitely consent the first time, plus it's impossible for a husband to, you know, "rape" his wife since marriage indicates consent to sex by definition.
What we should take from this is, if the American people says its OK to go into Afghanistan, it's TOTALLY OK to invade Iraq right afterwards for even more dubious reasons!
(requisite /sarcasm tag for anyone who can't otherwise tell)
I'm guessing they didn't use the cartridge on the unit when they did it, so it was just like getting hit w/a regular stun gun as the "prongs" don't deploy without the cartridge on.
That being said, this is going to make Alex Jones and his ilk cream their shorts as they have already announced that the military can take DNA samples from people at police roadblocks w/o a warrant or court order. Now he's going to tell his flock that they can have the SWAT teams Tazer or kill you to obtain a DNA sample while you're walking down the street.
"Judge Rules It's Legal To Taser A DMV Employee For Giving You A Shitty Number, As Long As It's A Really Shitty Number"
No you don't need a taser in every situation. Isn't that what police academy is for? Aren't you taught to tackle and restrain? There are other methods.
@weatherman: There are many reasons. Or would you prefer being beaten with a baton. Because that is pretty much the alternative. The taser although it hurts like hell will not do permanent damage unless there is some strange underlying issue (i.e. really odd heart condition) and is over instantly. A baton to the ribs, or pepper spray in the eyes that can last for hours on the other hand... Take your pick. A lot of people have been saved because of tasers and for some reason they have a bad rap.
Are you an expert in law enforcement policy? Clearly not. "In custody" is not synonymous with "subdued and rendered a complete non-threat" or anything along those lines. Many think that once someone is handcuffed, everyone can breathe easy and it's game over. I can assure you that is not the case.
And for the author:
"Is refusing to give up a DNA sample on the same level as being violent? That is to say, should it be a Taserable offense?"
The taser is not relegated for use only on violent subjects. It, like every other force option, is for combative and uncooperative persons. There is a media frenzy around the taser. However, it is less dangerous than all other force options (hands on, baton, pepper spray, bean bag, etc) COMBINED. Use of the taser has led to a significant reduction in injuries and deaths among both subjects and officers but you wont hear that on the news or read it on Boing Boing.
@Skot: I believe Bluesk1d got that right out of the Taser International Annual Report.
>Are you an expert in law enforcement policy?
No, but I am an expert in civil rights. And I don't think shooting someone with a beanbag or beating them with a baton is reasonable force to obtain a DNA sample once a suspect has been handcuffed either.
I'm not opposed to Tasers being used in some situations, and I'm certainly in favor of having a wider range of non-lethal options for police officers. But I think the guidelines for the use of Tasers have to be clear, and given the dangers of them, should limit the use of them to situations where there is a danger to the public or officers. Using them on a person who is handcuffed and not a danger constitutes torture.
@Whydoesthisalwayshappentome: masochism means applying it to yourself (or having someone else apply it to you). Is that what you meant? Are you doing what I think you're doing? Naughty, naughty. Maybe that's whythatalwayshappenstoyou!
@FrankenPC: I am actually VERY interested in this. I am thinking of getting a nice Mossberg 12 guage for the home, and this would be a nice addition. It would be followed by a live shell, of course, in case I missed.
06/04/09
06/04/09
Why would a DNA sample be any different?
06/04/09
I would say a DNA sample is different and should be treated the same as fingerprints yes? imo - this is the same as someone being booked, refusing to be fingerprinted - only fingerprints can kind of be finagled from an unwilling subject.
Don't really agree with the tazer bit, and at the same time, the DNA sample does seem pretty intrusive.
I'm torn!!!
06/04/09
06/04/09
Being found guilty and being guilty are very frequently not the same thing. I may find 300 pounds of cocaine in your trunk, but unless I had a piece of paper telling me it was ok to look for it, you're still not guilty.
I know this strays a bit from the topic - but seriously, if the guy is refusing to give it evidence, one would assume it's evidence that would convict him, not clear him. So yeah, you should be able to taze the hell out of the guy, rather than see him get off in the courts because you put the wrong address on an envelope.
06/04/09
06/04/09
06/04/09
Do you guys ever try to put yourself in the position of the people you criticize?
Imagine: you're a cop, and you're standing there over some young punk who for some freaking reason won't give you a swab from his cheek again. You threaten him verbally. Nothing happens. Now you're just standing there, and all you want to do is get on with your life, get back to what you really became a cop for. How do you suggest this cop should get the swab? Should he get down there and force the guys's jaws open? Extremely hard to do, AND he'll probably bite the swab off if he's not cooperative. In case none of you knew, when you taser someone it actually renders them feeling pretty helpless and weak.
Its the same way with the freakin waterboarding thing. Everybody compares it to the wrong things, and out of context. Example: IN comparison to doing nothing to harm a human being, something like waterboarding is horrible. Even though there are more horrible things out there in the world, and waterboarding is one of the lesser forms of torture out in the world (for those of you unacquainted with the world, just take my word for it! there are worse things!!). Anyway, now everyone's getting into trouble for waterboarding. Imagine again though, if you were in a camp, and you were ordered to extract information from a terrorist guy that might help save other's lives, and you are restricted to just.....what??? yelling at him? You think anyone will tell you anything? If you do...you have problems. An educated person will realize that war is war, and one persons life is worth much less than those he is trying to murder. Why the hell do you think the vietnamese, japanese, germans, etc. had such horrific forms of torture? Sure they went too far, but they understood the value of information. I think we should keep waterboarding because to me it seems like one of the least violent (compared to torture) forms that may still yield results.
All this to say.....look at it through the guy doing the job's eyes.
06/04/09
06/04/09
Dude, I nailed my wife last time, but I wasn't satisfied. I asked my wife if I could nail her again, but she said she was tired. I TOTALLY raped her for that, because of course consent the first time means that she would definitely consent the first time, plus it's impossible for a husband to, you know, "rape" his wife since marriage indicates consent to sex by definition.
What we should take from this is, if the American people says its OK to go into Afghanistan, it's TOTALLY OK to invade Iraq right afterwards for even more dubious reasons!
(requisite /sarcasm tag for anyone who can't otherwise tell)
06/04/09
Anyone who can't see the sarcasm is a blithering idiot, and +1 to you.
06/04/09
06/04/09
06/04/09
06/04/09
That being said, this is going to make Alex Jones and his ilk cream their shorts as they have already announced that the military can take DNA samples from people at police roadblocks w/o a warrant or court order. Now he's going to tell his flock that they can have the SWAT teams Tazer or kill you to obtain a DNA sample while you're walking down the street.
06/04/09
I told you Juanita! I don't have nothin' to do with tha...
krakakakakakakakzzzzzkakakakakkakkakak...!!!
Gave me no choice, sonofabitch.
06/04/09
06/04/09
06/04/09
and cotton girl
and Victoria!
Victoria, you try to "still" that blanket, you're gonna get Tazed!
06/04/09
No you don't need a taser in every situation. Isn't that what police academy is for? Aren't you taught to tackle and restrain? There are other methods.
06/04/09
06/04/09
06/04/09
06/04/09
06/04/09
Ultimately, however, I'd really rather not get caught in the first place.
06/04/09
Are you an expert in law enforcement policy? Clearly not. "In custody" is not synonymous with "subdued and rendered a complete non-threat" or anything along those lines. Many think that once someone is handcuffed, everyone can breathe easy and it's game over. I can assure you that is not the case.
And for the author:
"Is refusing to give up a DNA sample on the same level as being violent? That is to say, should it be a Taserable offense?"
The taser is not relegated for use only on violent subjects. It, like every other force option, is for combative and uncooperative persons. There is a media frenzy around the taser. However, it is less dangerous than all other force options (hands on, baton, pepper spray, bean bag, etc) COMBINED. Use of the taser has led to a significant reduction in injuries and deaths among both subjects and officers but you wont hear that on the news or read it on Boing Boing.
06/04/09
06/04/09
>Are you an expert in law enforcement policy?
No, but I am an expert in civil rights. And I don't think shooting someone with a beanbag or beating them with a baton is reasonable force to obtain a DNA sample once a suspect has been handcuffed either.
I'm not opposed to Tasers being used in some situations, and I'm certainly in favor of having a wider range of non-lethal options for police officers. But I think the guidelines for the use of Tasers have to be clear, and given the dangers of them, should limit the use of them to situations where there is a danger to the public or officers. Using them on a person who is handcuffed and not a danger constitutes torture.
06/04/09
06/04/09
06/04/09
*zap*
03/25/09
[www.taser.com]
03/25/09
03/25/09
03/25/09
Hrmm... alternating Freeze/Slug/Freeze/Slug shells... I like it.
03/25/09
I wonder what it would do to a deer?
03/25/09
[www.taser.com]
03/25/09
03/25/09
Oh, I mistook it for..
..my bad.
03/25/09
03/25/09
03/25/09
03/25/09
03/25/09