(NY) Man tasered by police to force him to give DNA sample

[phantom power]

It's rapidly becoming standard practice for police to taser people into compliance.

Smith, according to reports, had previously agreed to a court order for a DNA sample. But when authorities accidentally spoiled the sample, forcing them to return to the judge for a second order Sperrazza issued it without consulting the defense counsel, thinking the defendant would not mind.

“Smith did object, reportedly telling officers, ‘I ain’t giving it up. You’re going to have to tase me,’” added Buffalo News.

“Which they did, after consulting with a prosecutor, who either told them to use ‘the minimum force necessary’ (according to police testimony at last month’s court hearing) or ‘any means necessary’ (according to a police report written the day of the incident).”

After tasing Smith, a DNA swab was taken without consent.

“They have now given the Niagara Falls police discretion to Taser anybody anytime they think it’s reasonable,” Smith’s attorney said, according to a separate report in The Buffalo News. “Her decision says you can enforce a court order by force. If you extrapolate that, we no longer have to have child support hearings; you can just Taser the parent.”

http://digbysblog.blogspot.com/2009/06/unbelievable-by-digby-raw-story-reports.html

[vadawg]

1. i know in virginia you can be forced to give up a DNA sample by a judges order

probuably wouldnt surprise me if someone resisted and got tased in the process.

[atreides1]

5. The authorities spoiled the first one!

And then the judge decided arbitrarily to issue another order without consulting the defense.

"Smith, according to reports, had previously agreed to a court order for a DNA sample. But when authorities accidentally spoiled the sample, forcing them to return to the judge for a second order Sperrazza issued it without consulting the defense counsel, thinking the defendant would not mind."

From the judge's decision:

“The court would not advice the government to systematically utilize pain compliance as a standard tool in future similar circumstances, because of the intense scrutiny the use of such tactics would receive from this Court. However, this case is perhaps best described as the ‘perfect storm’ where the crimes being investigated were egregious, the evidence sought highly probative, the intrusion was minimal, and with a subject who steadfastly refused to comply with a lawful court Order. Further, the officers, armed with the Order issued, repeatedly sought the subject’s compliance, explored alternative methods of obtaining the sample, repeatedly warned the defendant of the consequences of his refusal and took steps to minimize the pain inflicted and the potential for injury. There was no malice or desire to injure the defendant."

Like there was no malice or desire to inflict pain on the detainees held at Guantanamo or Abu Ghraib either!

[mix]

2. this is the modern world n/t

[MrScorpio]

3. "Hi, I'm calling from the Police Athletic League. Give us money, or we'll tase you!" nt

[vadawg]

4. rofl, funny as hell but DNA and donations are totally different issues

still funny as hell though.

[Seldona]

6. Police taser people into compliance?

Why not? They can shoot unarmed, hand-cuffed, faced down lying men, in the back and GO HOME. Took weeks to put that puke in jail. Couldn't even ask him why he was all over youtube shooting someone.

Something is beyond wrong here. Civilian oversight panels should be handed out just like jury duty, and be compulsory for all police and anyone with a law degree.

They get quadruple the sentence for ANYTHING. Law is THEIR JOB. This is sadistic.