YouTube Video Shows Man Tasered After Refusing to Sign Ticket
November 22nd, 2007 . by TexasFredFOX News - An internal police investigation is under way after a formal complaint was filed against a Utah state trooper who was videotaped Tasering a man who refused to sign a speeding ticket.
The officer’s conduct has been called into question after a videotape of the incident was posted on YouTube.
The video, taken from a Utah Highway Patrol dashboard camera, shows Trooper John Gardner using a Taser on Jared Massey during a traffic stop on State Road 40 in Uintah County on Sept. 14.
“We do have an open internal review, or investigation, of the case,†Sgt. Jeff Nigbur, a spokesman for the Utah Department of Public Safety, told FOXNews.com.
“We’re trying to expedite that to get that done as quickly as possible. If the trooper acted inappropriately we will definitely, absolutely, take the appropriate measures to resolve that.â€
Full Story Here:
YouTube Video Shows Man Tasered After Refusing to Sign Ticket
Personally, I thought the Utah Highway Patrolman was pretty nice, and all things considered, the whiny little wuss that wouldn’t sign the ticket got exactly what he deserved…
And if MY understanding is correct he was not Mirandized because the officer was NOT questioning the subject, all he was doing was arresting the testy little bastard…
At least that’s the way it works on MY end of the world…
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Bullsh*t Fred. This is crap. Police are acting like this more and more and it’s gotta stop. I hope that at very least this officer is pulled off the road.
It is not illegal to be annoying. It’s also not illegal to ask that charges be explained. This guy seems educated and when he requested that the officer follow due process he was completely in the right. Cops aren’t the judge, jury and executioner and that’s exactly how this officer acted.
Terrible.
BULLSHIT Stew, he put the asshole UNDER ARREST, not for being an asshole, but for refusing to sign and then walking away as he was being placed under arrest, he refused to obey LAWFUL ORDERS and the officer had to assume that the guy was walking away to either get in his car and leave or to retrieve a weapon, he’s damned lucky that ALL he got was his goofy ass tasered…
How many years do YOU have in Law Enforcement Stew?? And what level of Criminal Justice degree do YOU hold??
Judge, jury and executioner?? If that was the case the little prick would be dead and his ass would be rotting…
Your ignorance IS showing…
I saw nothing wrong with what he done, that smart ass kid wanted to be in control of the situation from the minute he opened his dick licker…
That can’t happen, all he had to do is follow directions from the officer and he’d been on his way with his loud mouthed drama queen wife in a few minutes
When a police officer loses control of the situation then more times than not he’s either hurt or killed. Sure those moonbats may of just been annoying, defiant little turds but that cop didn’t know him from Adam.
A police officer is in charge at the scene not moonbats like these. This is what’s wrong with America. Zero accountability. He wasn’t about to admit to being wrong and it’s a bad precedence to make letting folks tell you as a police officer what he or she isn’t going to do then drive off. Kudos to this cop IMO.
If you’re going to be late for a moonbat parade then leave earlier…
Stew do you have a grudge against law enforcement? One too many corn holes in lock up for pulling similar crap?
A simple problem, the driver didn’t agree with the ticket.
A simple solution, do as your told and fight it in court, take pictures of everything and get written witness statements….
Fighting a ticket on the side of the road is an exercise in futility.
The cop did as he should do, when confronted with an uncooperative individual.
I’m not watching the video because I deleted Flash. It’s a pain in the ass. With Flash gone, all those annoying, blinking, jumping ads went with it. Freedom from harassment.
But… If the guy who got the ticket walked away from the cop, it was a stupid move.
When you refuse to sign you are automatically going to be arrested. The cop has no other choice. Walking away is resisting arrest. Flat out. The cop will be vindicated, the dummy will be convicted of the traffic offense and resisting arrest on top of it. End of story.
Rasta
Rasta, you are dead on the money but trying to convince the weak brained of that is almost impossible, anything a cop does is wrong to some people…
The cops are out to get em ALL you know, and tasering this asshole was SO mean, I’d hate to hear the cries of the weak minded idiots if he had beat the guys ass or pumped a couple of .40 cals in his ass, or MY personal fave, a couple of .45cal 230gr Golden Sabres…
The guy made an ASS of himself and yeah, he’s gonna have a day in court, and I am pretty sure he’s going to lose too, as well he should…
Revised Miranda Warning:
You have the right to shoot first.
However, if you choose to shoot, any shot you fire can and will be used as an excuse to blow the shit out of you.
You have the right to have a mortician and a priest present.
If you cannot afford a mortician or do not presently own a cemetery plot, one will be assigned to you.
Do you understand what I just told you - ASSHOLE ?
************************
So, to those that think the cop did the wrong thing, think of what the alternative may have been like…
In some places you can refuse to sign a ticket. I know in my career it happened a few times, I would simply write refusal on the signature line. Most of the time it’s simply to acknoledge receipt of the citation.
But, when someone acts like this guy, refuses each request and starts to walk away the officer is completely correct in taking the proper measures to stop the person - of course that depends on each departments SOP.
My professional opinion is that the officer did nothing wrong. He gave this guy every opportunity to comply without incident. Of course with half a million views on the video and the way the media treats every taser incident like a public lashing or execution, it’s no wonder too many people [uhm, Stew] don’t understand the way things work.
Fred, you’re exactly right on Miranda - It’s only a requirement for custodial interrogation. Just because people see every fake cop on TV recite their “rights” from a script on every fake arrest does not make it the law.
Fred,
Right on. I am getting tired of officers getting battered by the media for doing their job. No one should refuse to sign a ticket. If he has a problem with it, hire an attorney and deal with it in court.
If I were an officer I would be scared to do my job these days with all these freekoid lefties who never got spanked growing up.
I get sick of these idiots that don’t respected authority make the noble police officers look like criminals.
Granted there have been some officers who are crooks, but that is true in every area of life. THe majority of them are not.
This will set a precedence for the other spoiled brat whinies in our country to challenge the cops and get sympathy as this jerk did.
Sorry, but I am sick of the bashing of police. The left bashes police like they do our mililtary and I am tired of it.
Refusing to sign and generally being uncooperative wouldn’t have gotten him tased.
Walking away with your hand slipping into your pocket will. (watch the guys right hand when he starts to walk away)
Mr. Constitution make a few mistakes.
>He was argumentative from the start.
>Lawful orders had to be repeated several times, and I saw no language barrier.
>He refused to sign the ticket.
>He “acted the fool” outside of the vehicle, again refusing lawful orders. In that case, nonlethal force is JUSTIFIED.
As for reading his rights, that only has to be done if questioning is involved, there were no questions. His rights can be read to him upon arrival at the station.
The law has a time window to tell you of your charges.
Bottom Line:
Mr. Constitution watched WAY too much tv. He got a shocking education.
I do express my ignorance as to the legal actions of police officers.
That being said… it is my understanding that given a lawful order from the officer the man was supposed to follow it, and he didn’t, and he suffered the consequences. My stepson is an officer and he explained that the officer was in the right to cuff and arrest the man, he did say that the idea of tazering someone like that is no longer justified in his own police dept. All the guy had to do was not argue, sign the ticket then go to court and appeal it and it would have ended much nicer for all involved.
Be polite, show your license, answer the officers questions,show the officer some respect, and sign the damn ticket and drive off and let it be.
’nuff said
I maintain that this was reprehensible behavior by the officer.
You’re conveniently ignoring that one must commit a crime to be arrested. And before anyone says that he did commit a crime [by speeding], that goes back to my statement that the officer is not the judge, jury and executioner. Does not signing a ticket constitute a crime? Because if I remember correctly the other alternative is for the officer and the complainent (sp?) to go to the courthouse to settle the matter. Signing the ticket is an agreement that the ticket has been delivered and that there is a tacit understanding for due process.
So if it IS a crime for that guy to not sign that ticket, then I’m completely wrong. If not, that officer, his sheriff, the county and municipalities are all probably getting sued.
So please, what crime did this guy commit? Is it illegal to not sign a ticket? I’d really like to know.
Before you call me ignorant, slam me for not being in law enforcement, or otherwise impugn me and my views you might want to postpone your prejudice and determine if I can postulate a reasonable scenario (open discourse). Or just tell me to shut up. It’s your site, I’m only an uninvited guest.
And I maintain that you are a total dumb-ass!
It IS a felony offense in some states, Utah apparently being one of those states, and as I said, YOUR ignorance IS showing…
I have some damn good sources, and a lot of personal experience, I speak of what I KNOW, you speculate and look the part of the fool in doing so…
Get this through your under-educated head, the asshole was speeding, alleged, that was the reason for the traffic stop according to the officer, THAT is the court case that said asshole can challenge at a later time, in TRAFFIC court, this was nothing more than a TRAFFIC violation until said asshole escalated the matter greatly by his refusal to sign the ticket…
Once said asshole refused to sign the citation, a felony had been committed, the officer placed said asshole under arrest for THAT offense, NOT the traffic offense or for being stupid, said asshole defied the officer, said asshole was attempting to walk away FROM the officer, and in doing so was guilty of resisting arrest, an additional charge, and he appears to be placing his hand in his right pocket, there by presenting a clear and present danger TO the officer, he refused to STOP and place his hands behind his back, even after several LAWFUL orders from the officer…
THAT was what led to the taser incident you dim bulb…
The asshole was damned lucky to be breathing when it was over, a lot of officers would have put a round into him…
And yeah, YOU are an uninvited guest, and I am not looking to impugn your honor, you have brought no honor to impugn, not in THIS thread, ALL I am doing is pointing out your massive ignorance and in this thread, IGNORANCE is ALL you have brought to the table, much like the other asshole, the one in the YouTube…
Man Fred, you got some real winners here.
Stew, you propose that the cop and the driver go to the courthouse and decide if it was a righteous ticket? The guy was clearly defiant do you think he would go willingly?
The guy reached in his pocket, while walking away from the officer, NOT WISE, and he is lucky there are non-lethal force options available to the officers now.
As far as the driver being uncooperative, that is his right, he can choose to not sign the ticket, but he does not have the right to infringe on the officers right to do his job, or his right to go home when his shift is done rather than the morgue.
The minute he became belligerent and irate toward the officer, the officer is justified to be on guard. All the guy had to do was sign the ticket and fight it in court, signing it does not indicate guilt, it indicates you have received the ticket.
The drivers ignorance caused him to get a shocking education and he’s licky he didn’t get a lead lesson.
The cop was polite and respectful when he approached the car. He told the driver he was driving too fast and right away the driver got belligerent.
The driver was a punk and he acted as such.
Stewie, your comments won’t be showing here any more, it’s not about support or passion, it’s about you being a dumb shit… Adios…
I can only write from a perspective of California. Laws from other states? I don’t have the foggiest.
In California, there are three levels of offenses: Felonies, Misdemeanors and Infractions. Many stops for “traffic” offenses only fall into the “infraction” category. You can ramp things up into the “misdemeanor” category with regard to suspicion of drunk driving, reckless driving and others. Felonies involve “hit and run,” with injury, weapons, etc. However, insofar as a stop for, say, running a stop sign goes, that is an infraction.
But please understand that the officer does not plot the course of the stop. The offender plots the course; the officer responds to the pattern of actions displayed by the offender.
In my time on the street, there were limited forms of defense available to officers: 1) Deadly force (handgun, shotgun), 2) Baton, 3) Mace 4) Hands-on/voice command.
These days, there is another level: “less than lethal” force, to include beanbag shotgun, Taser, 30mm, etc. In this instance, Taser is the issue.
Tasers were made available when the company proved their viability in the force continuum.
Officers (AND departments!) realized they didn’t necessarily have to go “hands-on” with offenders when they could, instead, substitute the Taser for the very intimate one-on-one application of a choke hold, grappling, ground-fighting, Koga.
They began to substitute the Taser for the interim portion where offenders refused to submit to a valid arrest and, historically, the general public NOW considers the usage of the Taser to be “cheating.”
That is to say that, these days, the public EXPECTS cops to go “toe-to-toe” with suspects and, failing that, the application of a Taser is “cheating.”
What happened to the part where the cop could LOSE the fight? they ask.
Give cops a tool, write it into their general orders, and then DON’T expect them to USE that tool?
Nonsense.
I’m pushing 60. If I’m in the street and carrying a yellow-handled Taser, I’ll use my Taser in EVERY application where, beforehand, I’d be EXPECTED to go “hands-on” with an offender. My job is to acquire the submission of the offender, NOT to be injured in the process and subject myself to unneeded injury and my department to my down-time, recovery and concomitant medical bills.
Further, specifically regarding this case, under California VC section 40302, refusal to sign the citation indicates that the offender DEMANDS to see a magistrate IMMEDIATELY, and lawfully mandates I place the offender under arrest NOW, to be transported to the nearest jail facility and then placed immediately onto the soonest court calendar so that the offender can make his or her plea in court. There is NO leeway in this area, in California; you refuse to sign the cite? You are going with me in my car, period, plain and simple.
If you get Tasered for resisting, oh well, I won’t sully my hands on you and I won’t have to get injured because of your actions. My department saves money, I survive my shift, you flop around a little, that’s the way it goes.
Get the fuck over it. The offender charts EVERY course on EVERY stop.
BZ
I am a Patrolman in south Louisiana. I cannot speak for all jurisdictions, as I am not up on all of the different state laws.
I do know that in Louisiana, a traffic citation (ticket) is a form of arrest. In fact, a traffic citation is issued in lieu of arrest, as traffic violations are arrestable offenses.
Only one time in my career have I ever had to arrest and book a violator because she refused to sign the citation. I explained who I was, what agency I work for, and the reason that I initiated a traffic stop on her. The woman was rude and disrespectful during the whole time I was filling out the citation.
When I explained to her that her signature was not an admission of guilt, and that it was only a promise to me that she would either take care of the fine by the date written on the citation, or that she would appear in city court on that day to contest the ticket, the lady told me that she was refusing to sign the ticket.
I then explained to her that if she did not sign the ticket, she would be arrested, as traffic violations were arrestable offenses. Basically, I gave her the whole spill and she stated that I could not arrest her for, in her case, running a red light. I then asked the lady where she worked. She stated that she worked in the nursing home across town.
I then told her that I would never go to her job and tell her what she could and could not do, and that I would appreciate it if she did not tell me what I could and could not do. I then instructed her to step out of her vehicle. I then instructed her to walk to the rear of the vehicle, turn around, and place her hands behind her back.
She then asked me if I was really going to arrest her. I told her that I most certainly was. She then began to beg and plead with me to let her sign the ticket. I told her that she had her chance and that now she was going to jail. I then advised her of her Miranda Rights and placed her in handcuffs. I called for a wrecker to come get her vehicle, while she sat in the rear of my patrol unit. When the wrecker was done, I transported her to the parish jail where she was cleared for incarceration and booked for being in violation of LA. R.S. 32:122-Disregarding Red Light.
In the case where the man was tasered, I would have done the same thing. If he was acting that way with me, then I feel it would have been warranted.
Put yourself in my position. I pull you over. For all I know you could be a little old lady, or you could be Chuck Norris and pissed, I don’t know if you have a gun, a hand grenade or a knife in your pocket, or if you have a dead body in the trunk, or if you just robbed a Taco Bell and are ready to kill me so that you don’t go to jail.
You just don’t know. So, what do I do? I conduct myself professionally, and courteously, and you are still acting like a complete ass and not listening to anything I say, then you reach into your pocket, after being instructed not to, and I taser you.
Now, maybe not in this instance, but in several others, officers have been killed, wounded, and paralyzed because they did not act quickly enough. I’ve been in this officer’s shoes, I’m still in them.
I have a beautiful fiance’ and a kick ass 1 year old son to go home to at the end of the day when I’m through “protecting and serving”.
My safety is important to me. Maybe the officer in this case should have just let him dig in his pockets? Maybe he should have let him pull out a snub-nose .38 special? Maybe he should have let the violator kill him?
Maybe not.
HE DESERVED TO GET TASED AND, IN MY OPINION, AND IF IT WERE ME, HE WOULD HAVE BEEN TASED SOONER.
NP213, well said sir…very well said.