So my little state once again made national news, this time due to a cop tasering a fellow who wasn’t fast enough following instructions.
My feelings are mixed on this one. I think that in life there are very few absolutes. The miscommunications were apparent to me on first watching:
- The cop messed up by not stating the cause for arrest clearly. He should have stated the speed the fellow was going, and the marked speed on the road at that point.
- The fellow refused to sign the ticket. Technically, the moment you are pulled over you are under arrest. Signing a ticket is not an admission of guilt, it’s a promise to appear in court to defend yourself against the charges or pay a fine in lieu of appearance. Only your promise to appear will allow you to be released from arrest; without a promise to appear, they have to hold you until your court date. In some states, they can write “refused to sign” on the ticket instead.
- The cop’s instructions were unclear. He should have instructed the fellow that he was going to jail for refusing to sign the ticket when he asked him to step out of the vehicle.
- The fellow misunderstood. He thought the cop was asking him to step out of the vehicle to show him the signs he was talking about; the cop was telling him to step out of the vehicle in order to restrain him and force him into compliance.
- The fellow began walking away and put his hands in his pockets. Oops. To a cop, this means one of two things: you intend to flee, or you intend to pull out a gun and shoot him.
- The cop did not inform the fellow of his intent to taser him if he did not comply. While the fear of a concealed weapon might justify his behavior, he was too fast on the trigger finger.
- The cop lied to his fellow cop about what happened. Being caught lying on tape is a big no-no.
I don’t know how it will play out in court, but I do know a little bit better now what not to do in the taser-happy US of A.
Anyone know what happened?
I’d love to know what happened next!
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From interviews…
From what I have seen from interviews with the fellow and follow-up news articles in the two months since the incident, he was taken to jail, booked, and released on his own recognizance. His wife drove their car to the jail to get him out. The local police department was already investigating the complaint the fellow filed when the video was released to the Internet, but are stepping up their investigation due to the furor caused by the release of the video.
The fellow demanded the video as part of his complaint, and released it on YouTube to garner publicity since he felt the investigation (like most police complaints) was going nowhere.
Interesting thing, though… Utah law says that state agencies are immune (they do not waive immunity) for abusing our citizens:
(from http://www.le.state.ut.us/~code/TITLE63/htm/63_10007.htm )
So in other words, if Utah violates my civil rights, the law says the department responsible is immune from lawsuit. Land of the free, indeed.
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Matthew P. Barnson