Police Taser Motorist

Does this guy need a lawyer? I am not sure if a lawyer could actually help this motorist. Now that you have seen the video, “What are your thoughts as a lawyer?” Personally, I believe the officer could have used a bit better judgement as it relates to being more patient and explained further to the motorist, however, that is neither here nor there. The fact is the motorist allegedly committed a traffic infraction [exceeding the maximum posted speed limit] and therefore was obligated to stop.  Although the motorist stopped, the officer did in-fact explain to him why he was stopped and later returned to the motorist and explained he was issuing a citation. It was then the motorist verbally refused to sign the citation. As police protocol would have it, the officer asked him to exit his vehicle. Now then, the motorist was told to place his hands behind his back more than once and told he was under arrest.

The motorist refused to comply. The officer orders the motorist to comply or he will be tased. So then, obviously the motorist does not comply and is tased. As lawyer do you agree? My thoughts are the motorist was out of control and started to head out into the flow of traffic endangering himself as well. Plus, he willfully disobeyed the officer, thus, resisted arrest. One thing, I noticed is the officer left the motorist on the ground and did not secure him in his police car. This is poor officer safety at best. Over all as a lawyer, “Do you believe the motorist has a defense?” Personally, I believe the motorist has no defense. Any lawyer looking at this case may say the officer could have used better judgement, however, judgement was used and the outcome was the motorist was forced to comply with less than lethal force.

1976 N.Y. Times Mag. 4 Jan. 31/3 When an attacker has been ‘Tasered’, the muscles in his body involuntarily contract; he is virtually helpless and may experience pain.

1993 B. CROSS It’s not about Salary 325 High on PCP and breakdancing in the street, [they] tasered him four times and he died.

2002 Edmonton (Alberta) Sun (Nexis) 21 July 21 City cops couldn’t say last night if tasering a woman allegedly resisting arrest yesterday was justified, but a couple who saw the incident believe excessive force was used.

2007 Metro (London ed.) 19 Sept. 11/2 A student was Tasered after asking too many questions at a university forum with US Senator John Kerry.