UCLA Student Tased: Justifiable?

What I find more disturbing.....

....in this thread is the belief that because this kid may have been a "liberal idiot", that somehow, he had something coming to him...:rolleyes:
 
That's funny, the Redskins are still doing it. Yes, I've been to the games this year and been patted down.

I figured the quoted article was self-explainatory. But, i guess not.

The ACLU went to the Florida court on behalf of a florida citizen to stop the practice. They then went to the Federal court to gain the same ruling. The reason they did this is that if the federal court rules in favor of the ACLU then it applies federally (across the US) whereas if only the State court rules then it only applies to the State.

The practice was halted in Florida until the court proceedings can occur.
 
All the reports i read said that Tabatabainejad started to exit the library and UCPD officers stopped him.

That's just what the guy screamed after the first ride from Mr. Sparky.

He violated the university's library conduct policy, which bars "Refusal to comply with instructions of UCLA Library staff and campus officials."

Also:

3. All persons on University property are required, for reasonable cause, to identify themselves to, and comply with instructions of, authorized University officials acting in the performance of their duties. Authorized Representatives of a Registered Campus Organization may request identification of persons in the Organization's business meetings.
 
Quote:
Student is in custody. So far, so good. He needs to be taken out. He's dragging his feet and passively resisting. In our force policy, passive resistance does not merit tazing.
Yeah, I think this is precisely where the wheels fell off in this situation.


This is really the underlying problem. There is no standard policy for Tasers.

You probably dont know this, well this is a gun forum so maybe you guys know this more then I, but the Federal Government has mandates in place that establish the minimum training qualifications of a law enforcement in relation to carrying a pistol.

Its been a few years since i read the actual federal mandates. But, it covers how often police officers must re-qualify with their sidearm etc.

State Governments then take these minimum requirements and sometimes establish statewide law enforcement qualifications. In addition to this some counties or cities or individual police departments may also establish their own qualifications as long as they do not fall below the minimum requirements setforth by the government.

How does this relate to the Taser?

Well there is no standard federal mandate on tasers. Some states have established minimum guidelines, most police departments have their own policies and guidelines etc.

If you look at any national resource, you find standard practices. Look at your car and you will find the steering wheel on the same side, the ignition in the same general area, lights and warning lights and all sorts of standardization. Do you think this was done for a reason? Of course, because the government working with private industry established these standards. Same thing with ATM's, Locks, Alarm Systems, Guns, Gas Pumps, etc. etc.

Yet there is no minimum set of standards for the Taser!

I am an active member of the IACP and i can tell you that the IACP is talking about nationalwide standards with TASERS. There have even been police chiefs who have joined forces to establish countywide 'conservative' taser policies.

A good example would be West Palm Beach County in Florida which ranks #1 in the country for the most deaths relating to the use of a Taser and had (not sure where they stand this year) the highest useage with a taser.

Here is a quote about what they did, which was a great step in the right direction and i think was even hailed by Amnesty International as a positive action.


Although the effects of multiple Taser shocks on people with mental illness or using street drugs remain in question, autopsy and police reports of 27 Florida deaths examined by The Palm Beach Post showed:

• At least 20 had drugs in their systems, including amphetamines and cocaine, which damage the heart.

• At least 14 showed signs of excited delirium, a condition that even the maker of Taser weapons acknowledges puts people at "potentially fatal health risks" from impaired breathing.

• At least 12 had heart ailments.

• At least 17 were shocked multiple times, including one shocked 14 times, one shocked eight times, one shocked six or more times and Timothy Bolander, who had a variety of drugs in his system and ruptured bags of cocaine in his stomach when Delray Beach police shocked him four times.

The only human testing to date has been on healthy police officers undergoing single, voluntary shocks under controlled conditions.

http://www.palmbeachpost.com/localnews/content/state/epaper/2005/08/14/s1a_TASERDEATHS_0814.html


And as police chiefs, including Palm Beach County's Law Enforcement Planning Council, have scrambled to establish guidelines for safe Taser use, critics point to studies showing the company had information raising questions about the weapon's safety even as it marketed Tasers as a "generally safe" alternative to lethal force.

A Palm Beach Post study of nearly four years of Taser use by local police agencies, though, showed at least one in four of more than 1,000 uses was on someone who posed no apparent threat. Six people older than 65 were shocked. The 87 women of childbearing age who have been shocked include three who said they were pregnant.

More than a quarter of those shocked were zapped multiple times, with at least 31 shocked four or more times and one man shocked nine times by Boca Raton police, the first agency in the region to get the stun guns. In some reports, officers and deputies simply reported firing "until compliance was gained." In at least three incidents, two officers fired simultaneously at the same person, and in one three deputies each shocked the same suspect.

Two months after The Post's report, Scott's task force recommended that local police departments include detailed considerations in their Taser policies. The guidelines were prompted in part by the paper's findings, as well as on medical cautions about multiple or lengthy shocks that Taser International had long been aware of but had made widely public only a week earlier. Among the recommendations:

• Tasers should not be used in cases of passive resistance on those who pose no threat.

• Officers should assess compliance level and breathing before repeating Taser shocks.

• Several officers should not use Tasers on one person unless justified by circumstances.

http://www.palmbeachpost.com/localnews/content/state/epaper/2005/08/14/s1a_TASERDEATHS_0814.html
 
Kirin, in the instant case, it doesn't matter at all if there are federal standards, state standards or even some form of local (county/city) standards. There was a standard wrote up and in use by the UCPD. That is what they went by, presumably.

I gave the link to that standard. I suggest that should you feel the need to talk of standards, then perhaps confining your remarks to the standards the UCPD were supposed to be following, would work towards understanding whether or not the officers were within the law.

All this talk of what happened in another jurisdiction is really off topic to this incident.
 
That's just what the guy screamed after the first ride from Mr. Sparky.

He violated the university's library conduct policy, which bars "Refusal to comply with instructions of UCLA Library staff and campus officials."

Also:
ah so the student can be lying but the officers can't be?

If he was stopped while leaving after being asked to leave then he was indeed complying with the instructions.
 
I never said the officers can't be lying.

But I'd be more inclined to believe police officers than a screaming insufferable prick picking a fight and making a complete ass of himself over a simple security measure that is implemented every single night at 11:00pm as an alternative to closing the library completely.

He spent the first ten seconds of the video screaming "DON'T TOUCH ME!!" over and over again. Why? Perhaps the cop placed his hand on the guy's back or on his elbow in an effort to encourage him to leave more expeditiously, and he flipped out and started screaming in the cop's face, spittle flying everywhere?

And if I'm hearing it right, he spent the next twenty seconds apparently sitting on the floor ("stand up. stand up. stand up. stand up..."), before what presumably was the first Taser use, since he wasn't blubbering at the time. If he was going to leave, why didn't he?

Set up?
 
I'm gonna take the cop's perspective on this.

Bozo is in the college library, violating 'library policy.' He has been asked nicely to leave, and refuses. So I get called (This is first-person singular, because I can't imagine dispatching three cops on such a call- but what do I know?) and when I get there, Bozo is leaving- but taking his time. I say "Come'on Bozo, you've had your fun- now hit the road. Now." If I didn't know who he was (and assuming COMMO hadn't already identified him by name) I'd probably be inclined to get his ID for the report. So I hit him up for it.

He says "I don't HAVE any ID, Officer Hitler!" So I say "Fine, give be your name & DOB and we'll call it good. He says "Blow me" and sits down.

The first thing I'm gonna do is tell him if he does not leave under his own power immediately, and provide me with ID on the way out, he's going to jail for trespassing. Do as I ask and you just get your name in a report.

He ain't moving. So I tell him he's under arrest, and now comes the Laying On of Hands. I'll grab his arm and pull gently, and if he resists at all he gets a rather painful wristlock- which has never in my experience failed, by the way, to get anyone between 95 and 310 pounds up and moving. Since it smarts, he gets up & starts squalling. Since he IS up, he is told to hush & put the other arm behind him and I'll let off on this one a tad. He likes this better than intense pain, which he knows by now I can supply at will. He also knows that I am not mad and will not get that way. His pain or relief is directly related to his actions, and he understands this implicitly.

The cuffs go on, and he flops down and starts squalling again. He can be gotten vertical again with any number of pressure points, but we want him out of here NOW. So my back-up (who has been doing what back-up is supposed to do- watch your back in a crowd) helps me pick him up by the armpits and we drag him out backwards. He can yell if he wants, but he won'thave long to do it. The crowd has just seen him get 'owned' by his own stupid actions, so most of them could care less and will probably talk about what a goof he is, once he's gone- and gone we are.

Taser, OC or a baton will be deployed if the crowd tries to close on us, or block our exit. The crowd in the video ain't that kind of crowd, so we have no probs. We get Bozo's ID when we book him in.

Note that pain compliance was used in both cases. It is the manner, type, and readily-apparent purpose of that pain-compliance that makes the difference between an easy arrest, and a near-riot.

Suppose I had done a leg-sweep every time he resisted, instead of a come-along tactic? It wouldn't make any sense to kick his legs out from under him, when I want him to move- now would it? Leg-sweeps are designed for taking people down, not getting them UP.

Just like the Taser.
 
Wow, now we have on public record that he was shocked FIVE times, the majority of which were while he was cuffed. I'll admit, I was kinda leaning in the officer's favor early on but even I've got to concede that that's pretty aweful.
 
JuanCarlos- what are you trying to say?

That the officer was involved in a shooting, so he must be wrong in this case?

The shooting you are referring to was jusitifiable. So, what does it have to do with this case.

The officer also has other civilian compliants, so that means he must be wrong in this case?

I'll explain a bit about citizen complaints:

Stop a car for a traffic violation. The person stopped is upset about the ticket. They complain. The complaint is investigated. It's a "throw-away" complaint. That is one that has no substance. Many PDs keep track of all complaints- even the unsubstaniated ones. You ask, and the PD will acknowledge there are complaints against an officer.

The better way to reference his past may be to say: "There have been some complaints lodged against the officer. I'm not sure how many of them were substaniated."

But, I guess that doesn't make the same statement you were trying to make.... does it?
 
I never said the officers can't be lying.

But I'd be more inclined to believe police officers than a screaming insufferable prick picking a fight and making a complete ass of himself over a simple security measure that is implemented every single night at 11:00pm as an alternative to closing the library completely.

He spent the first ten seconds of the video screaming "DON'T TOUCH ME!!" over and over again. Why? Perhaps the cop placed his hand on the guy's back or on his elbow in an effort to encourage him to leave more expeditiously, and he flipped out and started screaming in the cop's face, spittle flying everywhere?

And if I'm hearing it right, he spent the next twenty seconds apparently sitting on the floor ("stand up. stand up. stand up. stand up..."), before what presumably was the first Taser use, since he wasn't blubbering at the time. If he was going to leave, why didn't he?

Set up?
set up? ahahaha

Yeah, the kid was acting like an idiot but if he was leaving when he was stopped then he was not in violation of any rules. Honestly though I don't think the question at this point is use of force but grossly, disgustingly excessive use of force. Tazed multiple times while already handcuffed? C'mon.
 
Yeah, the kid was acting like an idiot but if he was leaving when he was stopped then he was not in violation of any rules.

If he had initially refused to go when asked, prompting the call to the police then he had committed criminal trespass. If he suddenly chose to leave when he saw the police arriving, it would not make him any less guilty of the crime as he had already committed it.
 
Was he actually stopped, or did he just stop in order to scream in the face of the cop who touched him?
More witnesses are saying he was grabbed by the officers as he was leaving. Oh but of course twenty "liberal" college students aren't as credible as three cops. :rolleyes:

If he had initially refused to go when asked, prompting the call to the police then he had committed criminal trespass. If he suddenly chose to leave when he saw the police arriving, it would not make him any less guilty of the crime as he had already committed it.
Very true but that still doesn't justify grabbing him as he's leaving and applying the tazer on him multiple times after he's already been cuffed and is no longer any sort of threat whatsoever.
 
I meant "straight to," as in before he was booked/charged/arraigned/convicted. He was charged with only one thing in the end, interfering with an officer. And he was severely punished for that infraction before he ever got near the cruiser.

JuanCarlos - police are tasked and empowered to use force to gain compliance from uncooperative people. A police officer inflicting some temporary pain on a subject in order to compel his submission and cooperation is not corporal punishment, it's just a fact of life. The subject here made choices which dictated the police response. He was not being "punished," he was suffering the consequences for his poor choice not to act like a civilized human being.

Whether it's done with a wrist lock, bent fingers, a snatched earlobe or lip, pepper spray, a baton, a knee to the groin, or a taser, it's all part of the same thing - inflicting pain to force compliance with the will of the police officers.

That said, I do agree that the police made a poor choice to keep zapping him instead of just hauling him out. They're supposed to work out and be physically fit for just this reason.

Once the police showed up, he was going to be out of that library, the only question was whether it was going to be the easy way or the hard way.

1931202095.01._BO2,204,203,200_PIsitb-dp-500-arrow,TopRight,45,-64_AA240_SH20_OU01_SCLZZZZZZZ_.jpg
 
Very true but that still doesn't justify grabbing him as he's leaving and applying the tazer on him multiple times after he's already been cuffed and is no longer any sort of threat whatsoever.

While I agree that this use of tazer was unnecessary, the part that put in bold (by the poster) is not always the case. Just because someone is in cuffs does not mean that same person is not a threat. Remember that video years ago where a handcuffed perp was slammed onto the trunk of the police car, seemingly unprovoked? Wanna guess what he did to the officer who did the slamming, while the guy's hands were cuffed?

Cuffed does not equal no more threat.
 
mvpel said:
JuanCarlos - police are tasked and empowered to use force to gain compliance from uncooperative people. A police officer inflicting some temporary pain on a subject in order to compel his submission and cooperation is not corporal punishment, it's just a fact of life. The subject here made choices which dictated the police response. He was not being "punished," he was suffering the consequences for his poor choice not to act like a civilized human being.

Whether it's done with a wrist lock, bent fingers, a snatched earlobe or lip, pepper spray, a baton, a knee to the groin, or a taser, it's all part of the same thing - inflicting pain to force compliance with the will of the police officers.

That said, I do agree that the police made a poor choice to keep zapping him instead of just hauling him out. They're supposed to work out and be physically fit for just this reason.

Once the police showed up, he was going to be out of that library, the only question was whether it was going to be the easy way or the hard way.

How does the bolded part not constitute punishement? Anyway, you've basically hit the nail on the head: the police made an extremely poor choice in continuing to zap him rather than just haul him out. This is actually why I call it "punishment," rather than lumping it in with standard use of force/compliance techniques...as soon as it became obvious that tasing him was not going to get him to move on his own, they should have moved on to a tactic that would, such as simply picking him up and dragging him. Any additional uses of the Taser after this point were basically nothing more than punishment, as far as I'm concerned.

Now, it's arguable as to when this point was; personally, I think after the first or second use of the Taser it was pretty obvious to anybody with half a brain that this technique was not going to get the job done.

209 said:
JuanCarlos- what are you trying to say?

That the officer was involved in a shooting, so he must be wrong in this case?

The shooting you are referring to was jusitifiable. So, what does it have to do with this case.

The officer also has other civilian compliants, so that means he must be wrong in this case?

I'll explain a bit about citizen complaints:

Stop a car for a traffic violation. The person stopped is upset about the ticket. They complain. The complaint is investigated. It's a "throw-away" complaint. That is one that has no substance. Many PDs keep track of all complaints- even the unsubstaniated ones. You ask, and the PD will acknowledge there are complaints against an officer.

The better way to reference his past may be to say: "There have been some complaints lodged against the officer. I'm not sure how many of them were substaniated."

But, I guess that doesn't make the same statement you were trying to make.... does it?

You know, I'm not an idiot...I do understand a little bit about things like this. For instance, I would actually be surprised if, after 18 years as an officer, somebody hadn't racked up a few citizen complaints...as you said, you pull enough people over, somebody's bound to get angry and want to get back at you.

But I think the nature of the complaints is what is more important here. One for choking a student with a nightstick. Yes, I can imagine plenty of scenarios where this is warranted...but from the LA Times story, it sounds as if he came about a hair away from being dismissed, and was suspended for 90 days over the incident. This suggests that it was not necessarily some baseless accusation.

As for the shooting, again I can imagine plenty of scenarios in which it might be justified. This may well have been one; he may be telling the God's honest about what happened. At the same time, I also know that when a police officer says a bum tried to grab his gun, and the bum says he didn't, and no cameras caught the action (this happened in a restroom), the cop's word will stand no matter what actually happened.

Perhaps some of you live in a dream world where cops don't lie. I live in the real world where cops will actually coerce a 14-year-old girl into not getting a rape kit done, in order to prevent any "hard" evidence from being gathered against their fellow cop who raped (statutory) her. Yes, I am talking about somebody close to me. No, the case never went to court; lack of evidence, dontcha know. So excuse me if I don't take the word of a police officer as gospel simply because he is a police officer.

So now we have this last incident. It shows what appears, at least to most non-LEOs, to be an inappropriate use of a taser on a passively resisting student. Funny thing: most people don't judge somebody's actions individually, but rather tend to judge them taking into consideration past actions as well. So not only do I take into account his past actions when forming an opinion about this current incident, I also form opinions about how justified his past actions might have been based on this incident. It goes both ways. Add it all up (including his being dismissed initially from the Long Beach PD...though not for anything UoF related), and it smells like a bad cop. How bad, I don't know. Probably not quite as bad as I'm making it sound...but bad enough that I'd feel better if he wasn't a cop anymore.

So yeah, that is pretty much what I was trying to say by linking to the article. As for the bolded part of your response, that's pretty much what the linked article said. I simply went on to say that was interesting. No, I don't expect everybody else to form the same opinions I did regarding it. I would expect any LEO to draw pretty much the opposite conclusions, much like you did...cops tend do defend their own.
 
How does the bolded part not constitute punishement?

It just goes to the fact that the police are the element of our society who go out and lay hands on people in the name of the law. Part of their repertoire is inflicting pain in order to gain compliance from the unwilling. You comply, you don't get pain inflicted. It's not gratuitious, it's cause and effect.
 
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