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Trooper's Taser use pops up on YouTube
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Here in Australia it attracted some notice.
I had to say, from watching the video, while Mr Massey is no angel himself the patrolman totally overreacted.
In my view this type of approach - where you use potentially lethal force to show who is the boss - is totally inappropriate from a public officer.
Of course the cop has to approach every roadside stop with caution but that's not what I saw. What I saw was a cop punishing someone who dared question him.
I will be interested to hear what, if anything, is the result of the investigation together with any lawsuit that results (either criminal or civil).
I'm glad the video was posted on youtube and that massey's refusing to just go quietly into the night like many people do because of fear or they feel they're powerless and can't fight 'the man'.
The government was formed by the people, for the people, and every citizen has the right and OBLIGATION to do all that they can in helping it stay on a true course. Whether that's informed voting, etc., or in mr. massey's case, exposing a corrupt officer and doing what he can to send a message and ensure nothing like this happens to anyone else.
The officer was correct in his actions, although he might of handled it in another way.
The driver needs to learn the law from a credible source, like the state drivers handbook. He was wrong and abusive.
It will be a trevesty of justice if t his guy is somehow cajoled through the court system. The police have a tough job and there is too little respect for any authority in our culture. That needs to change.
I don't know what the story is and the courts will have a chance to settle it. Bottom line: If Trooper Gardner was correct, there needs to be a detailed and transparent presentation. Gardner may not understand it but, but he needs this if he is to continue in a law enforcement career.
First the cop was wrong for his heavy handed method. And we have to determine if the driver really was speeding - this was never established.
I would have signed the ticket and then gone to the police station to make a report on the officer.
Next I would get an attorney and place a suit in action. The cop needs more training or needs fired.
The driver should have been told how fast he was going - where is the radar reading?
And after he was arrested he should have been read his rights.
Whatever happened to the thought of protecting and serving?
THIS WAS A SPEEDING VIOLATION!
The man got tazed over alleged speeding!
We do indeed live in a police state if we can be tazed at the drop of a hat.
This officer needs to be fired to send a message. However, everyone knows that UHP will conduct an investigation and find that the officer was without fault as all police investigations go. They always side with their own.
Protect and serve boys... protect and serve.
Most of the bleeding hearts here are complaining about the Tazer. It was invented to avoid lethal force, which is the officers other option. Which is better, Tazer or Glock?
There is a very simple solution. Obey the law and there are no Tazer's or Glock's.
What ever happened to respect for authority? I think it went down the tubes with family values.
Respect, Responsibility and Accountability don't seem to be in the vocabulary of a lot of people under 50.
If the cop was so threatened by this middle class white guy in a SUV, why did he walk in front of the guy, with the speeder at his back?
Why did he allow him to stay laying on the highway after he fell from the taser while he was 10 feet away from the speeder?
I dont' see any lights reflecting off of the SUV...that's another illegal act by the trooper; they're supposed to have their emergency lights on.
This guy doesn't deserve respect just because he has a badge and a gun. They choose this line of work; if he's not professional enough to not cause unnecessary pain and waste taxpayers money by unnecessary potential lawsuits, FIRE HIM!
What are the hiring standards for cops these days? They all seem to think they are Marines, and the public, the enemy. Being a policeman used to be an honorable "Joe job", like fireman or baker or bus driver. When did all this strutting and posturing start?
With that said, the officer is completely at fault in this incident. He could have simply explained the violation and citation clearly, which would have likely de-escalated the situation.
This is very typical of most officers I worked with in that most are high school geeks gone cop. I hope some serious discipline gets handed down on this guy.
There are too many other stupid comments by others on here to even know where to go next, but I think I'll pick the supposed 4-year-olds being tazed for noncompliance (Francine | 1:37 p.m. Nov. 21, 2007). That one might be the dumbest comment.
On an unrelated note, I hear the Orem PD is hiring, so perhaps if Mr. Gardner does lose his UHP job, he might be able to get hired on their dead grass patrol.
They are both WRONG!
The officer will have to be dealt with for the mishandling of several steps, but Massey cannot be let off the hook, or allowed to win a lawsuit, which could only serve to promulgate even more clueless and beligerent behavior from citizens.
This prompts several questions:
1) Why did the officer pull in front of the 40 mph sign and block the view for the driver, then pull him over seconds later for speeding?
2) Why did the officer refuse to tell the driver how fast he was going or exactly why he was being pulled over?
3) Why didn't the officer explain that the individual must sign the speeding ticket by law or be arrested - and why is that a law?
5) Why did the officer never explain he was being arrested before the taser and not read him his miranda rights?
6) And what are our basic rights as motorists when we are pulled over? Are we, as civilians, required by law to do whatever a police officer tells us to do?
I value our officers and the protection they provide for us, but this is unfair. Most people are upset when they are pulled over. Did the motorist behave great? No, but his behavior could have easily been handled with basic respect. How can you fight a ticket in court if you don't even have basic information?
When you are pulled over and the cop has your license, you are DETAINED, not ARRRESTED. There is a huge legal difference.
Cops do have to tel you what you are CHARGED with.
Signing a ticket is a promise to appear, not an admission of guilt.
You DO NOT have to sign a ticket.
A cop does not HAVE TO arrest you for refusing to sign a ticket. He can, but does not have to.
As a citizen, you only have to obey LAWFUL commands of a police officer. A cop can't order you to do a hand stand, kiss your wife, or to perform a field sobriety test.
After an officer INFORMS you that you are under arrest, you must not resist arrest.
This cop never told Massey he was under arrest until after he was tazed. The cop even tells the wife "I tazed him because we wouldn't obey my commands" not because he felt threatened. Massey may not have been nice and docile, but thankfully we live in America where it is your God given right to be a jerk.
This cop should be disciplined.
So what the officer should have done was to say, "Sir, signing this citation doesn't imply guilt. If you read right here, it says that your signature only says that you agree to appear at the time and date listed above. It simply shoes that you received the citation. That's all. Now, will you please sign?"
Massey: No!
"Sir, Utah law allows for only two choices, to either sign the citation or be arrested and the bail you'll post will act as your agreement to appear." Those are my choices, sir. Which one would you prefer I do?
Massey: well, I'll sign, but I'm not guilty of anything!
"Yes sir. We'll both appear in court and let the judge decide that. Okay?"
It would have been just that easy. No one can possibly believe that if Massey knew that his signature wasn't an admission of guilt that he would have continued to refuse to sign.
Had the officer had some people skills, had he been willing to defuse the situation with some "either or" statements, nothing-would-have-happened.
Then they say he was "resisting arrest", but if you notice carefully, at 7:31 Gardner is approaching his patrol and is already making the motion, as he is looking backwards, of putting his notebook down and already going for his "Tazer". At 7:30 Massey is seen walking, not towards Gardner, but pointing towards the sign posted in the Highway and, when he turns around, Gardner is already pointing the "tazer" at him. At that point Massey reacts scared and tries to get away from danger.
For those that say Gardner fired at Massey because he was getting away, Massey did NOT start moving away until AFTER he saw Gardner pointing the "Tazer" at him. IF Gardner had pulled the "Tazer" AFTER Massey was going away, THEN it could be argued that Gardner was trying to stop him from running away.
In this case, though, the officer went flying up the spectrum with no justifiable reason except that the guy was being a jerk and the officer felt like it. To compound things, he put himself at significantly greater risk by doing so - ordering the guy out of the SUV made zero sense, having his back turned even less so, and most importantly of all he didn't use the first level of force - verbal - effectively. The driver was being obnoxious, but had the officer taken control of the situation earlier with that level of force, none of this would have ever happened.
The officer in question should be off duty until retraining at a minimum. He's a danger to himself right now. The detainee should get nailed on the ticket, though.
Secondly, if somebody pointed a gun or taser gun at you, you would back away too! Maybe the motorist was scaried at that moment. You can see he was shocked by the Officers actions! He evens says, "why are you doing this?"
It is the Officers responsability to handle situations like this better. I think the guy deserves to pay the ticket. I also believe the Officer should be disiplined very harshly too. Not a slap on the hand.
I would welcome, however, more discussion on the assertions made that traffic enforcement is managed with a focus on revenue generation.
Do officers have quotas? Are construction zones exploited for their money-making potential? I would be quite interested in objective, facutal and, preferrably, first-hand information on this topic.
Do you have to sign the ticket - Utah Code 77-7-24, yes or go to jail. FYI, the code says that officers who fail to follow any portion of that code are guilty of misconduct.
Do you have to do what an officer tells you on a stop - pretty much, Utah Code 76-8-301 Interfering with a public servant, 76-8-305 Interfering with arresting officer, 76-8-305.5 Failure to stop at command.
Miranda - Not unless being questioned while in custody.
Is tazer deadly force - Compare stats for deaths due to pepper spray, batton, physical restraint, etc and you will see it is pretty much one of the lowest and almost all tazer related deaths also have illegal drugs involved. How many people die after running from police and taking cocaine?
This video should be shown at POST for new officers to pick apart all the things the trooper did wrong. While extreme, the officer involved will be able to easily justify as within the law and probably UHP policy due to Masseys actions.
Also, he lied to his backup!
I also get the feeling that the officer's pulling over appeared to block the 40mph sign. It looked kind of suspicious. Maybe that is why he didn't want to answer the driver's questions. In the end maybe what the officer did was legal, but their procedures need to be changed, for all our safety.
As a final note, I have been pulled over for speeding five times and have been treated respectfully on ever occasion except once. And the one was a real jerk on a power trip. He reminded me of this officer!
I look forward to perhaps being called to jury duty in case Mr. Massey's lawsuit comes to trial. The UHP can expect to be slapped with a very "stiff fine" if they condone this sort of behavior from their officers and haven't addressed this matter appropriately.
(turning his back to Massey), and displays no concern for Massey's safety, (leaving him lying on the highway), but is focused on the safety of his ticket book, taking the trouble to walk all the way back to his vehicle to set it down. Mind boggling.
If he is allowed to remain on duty on the highway, it will not be long until a similar situation results in a fatality. The Department's policy and training on the use of the taser should be revisited. The Department's Superintendent should be called to task as well. If there is any leadership in the Utah Highway Police, it begins at the top. The Officer's action demonstrate a general lack of leadership.
Would Massey have been justified if he had refused to pull over because he didn't agree that he was speeding? I hope everyone would agree that would NOT be justified.
The officer witnessed a violation of the law. He "arrested" Massey by pulling him over. If the officer wanted to, he could have just cuffed him and hauled him in without having Massey sign a citation!
Massey was ready to run at any given moment. Did you see the reverse lights on his car going on and off? He was shifting his transmission in and out trying to decide whether to drive off or not!
Once Massey decided to resist "arrest" in ANY form, a level of force was required.
Too many people are taking "traffic stops" for granted and thinking they are trivial things. They are not. Learn the law and quit being ignorant arm-chair judges!
1) Write "refused to sign" on the ticket
2) Issue another citation with "refused to sign" on it
3) Arrest the driver and take to a magistrate
I have more information available for people wondering what the latest is on this. You can link to it from my site. Jared has been informing me when something new happens: TridellUtah
I would throw the book at this short fused, no people skills officer and the UHP.
UHP should require officers to be better educated and have competency evaluations to weed out those with poor people skills.
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