tapout;195722 wrote:
Good point but not completely accurate.

In most cases, if you don't feel you're free to leave (such as on a traffic stop where lights are still on, officer has your driver's license), or you could argue a custodial detainment (such as surrounded by 3 officers, or sitting in the back of a squad car), you should be advised of your miranda rights prior to being asked any questions that could implicate you.

But you're right in that if you're arrested for something that the officer has no intention of questioning you about, the officer is not obligated to mirandize you.

Sorry...won't take this thread off topic any more.

i believe that summed it up perfectly how i feel about it

Used;195752 wrote:
http://www.foxnews.com/story/0,2933,312466,00.html

Good find & interesting..
Wonder if he'll go thru on the lawsuit!

harm;195700 wrote:
yeah, keep your hands in plain view and don't flail around, that usually helps. he got tazed early, IMO, but it's better than the beat-down you would've gotten say 10 years ago, for going into your pockets after following a cop back to his car. and "officer, i don't understand what you're doing" translates directly to "officer, i wasn't listening to a thing you said, because i'm special" in this case.

'you're under arrest'.. should be followed by the miranda rights. yes. and this guy probably knew his rights already, at least the first two from tv, and probably would've waived them anyway because he never shut up.. but the video does cut away a few times, maybe they were in there somewhere. you do not have to be read your rights BEFORE being arrested, like the guy claimed.

Good point but not completely accurate.

In most cases, if you don't feel you're free to leave (such as on a traffic stop where lights are still on, officer has your driver's license), or you could argue a custodial detainment (such as surrounded by 3 officers, or sitting in the back of a squad car), you should be advised of your miranda rights prior to being asked any questions that could implicate you.

But you're right in that if you're arrested for something that the officer has no intention of questioning you about, the officer is not obligated to mirandize you.

Sorry...won't take this thread off topic any more.

'you're under arrest'.. should be followed by the miranda rights. yes. and this guy probably knew his rights already, at least the first two from tv, and probably would've waived them anyway because he never shut up.. but the video does cut away a few times, maybe they were in there somewhere. you do not have to be read your rights BEFORE being arrested, like the guy claimed.

juan;195693 wrote:
in my opinion there was no point whats so ever for that guy to be tazed. to me that looked like a young state patrol that was trying to make his mark. the other thing that is going to fuck that cop over is the fact that he never once read that guy his rights. that alone will fuck him over.

The guy was reaching into his pocket. He was asking to be tazed

Both were wrong. Not defending either. Just don't do that shit.

If a cop tells you to do something, it's against the law not to, even if what he is telling you to do isn't proper procedure or what you expect. Sucks, but it's there. The guy was being completely non-compliant with orders from an officer (but yeah, not a great officer, and probably a rookie officer). If he had followed orders (how many times was he asked for registration? to turn around?) most of this was avoidable by him - Watch the whole thing. people must all be super-polite in utah.. but not very competent. the cop's tough guy routine for the other cop at the end is great, too. cockbag.

Point here - as a civilian, don't expect a cop to let you drive off "to look for a speed limit sign" or any other reason. they ask for your registration, don't argue about how you haven't gotten to the next sign yet. you've already been pulled over, there's probably a reason. as a cop, let the guy know you're going to answer his questions.. but he needs to comply first, and hopefully he'll be less of a "no, you tell me now, or i'll stomp around and pout" crybaby.

i didn't become a cop because i didn't want to deal with people like these. any of them. the cop, the driver, or the screaming wife. should've realized how much I hated people well before I got through the training. heh.

The guy did not look threatening in my opinion... Basically he was trying to get information, and trying to prove or present his case to the officer on how he thought he did no wrong.
Seems that the cop was quick to arrest & tase.. The officer didn't seem very cooperative, like he was trying to agitate the driver leaving him with little information.
It's almost like that officer woke up that day and just had the urge to tase someone that day if given a small enough reason to do so. The sad part seems that what the officer did and the actions he took may seeem unethical, but if the driver were to sue or file a complaint, it wouldn't benefit him at all..

I think from reading the comments, is the driver thought by signing the ticket was admittance to guilt, but really it's a signature of receiving the ticket, and can still be fought in court.. Think that was a major confusion for the driver.
Overall, the instance could of been resolved differently and not happen at all..
Guess you can't trust cops sometimes.. Most are good, but you get a case of your bad apple here & there..

hondaking424;195426 wrote:
yeah and this officer should realize that his tazer isnt a toy, its supposed to be used in a treating situation, but i hardly doubt that was a treating situtation, not only did he taze him but he let him lay off to the side of the road while tazing him, there better be some kind of justice served for this guy.

Threatening?

Besides... People seem to think getting tazed is like taking a gunshot to the gut.. I've been tazed twice and I wouldn't hesitate to hook up to the probes again.

http://www.snipershide.com/forum/ubbthreads.php?ubb=showflat&Number=376323&gonew=1#UNREAD