Saturday, June 6, 2009

Taser, With Love

Simple Justice: Taser, With Love From Niagara Falls (Update)
"When the Niagara Falls police put their heads together and decided that tasing a guy was the best idea for collecting a DNA sample, I "tsked". That, apparently, is why I'm not sitting on the big bench, like Niagara County Judge Sara Sheldon Sperrazza. I lack her imagination. From the Buffalo News:
It is legally permissible for police to zap a suspect with a Taser to obtain a DNA sample, as long as it’s not done “maliciously, or to an excessive extent, or with resulting injury,” a county judge has ruled in the first case of its kind in New York State, and possibly the nation.
Not to nitpick, but does that mean the intentional infliction of pain in order to obtain compliance with an ex parte order is fine as long as it's done lovingly? Must they cradle the taser in their warm and caring hands before they fire? Just asking."
(via The Volokh Conspiracy )