Posted on 01/31/2012 10:11:22 AM PST by servo1969
A Montara man walking two lapdogs off leash was hit with an electric-shock gun by a National Park Service ranger after allegedly giving a false name and trying to walk away, authorities said Monday.
The park ranger encountered Gary Hesterberg with his two small dogs Sunday afternoon at Rancho Corral de Tierra, which was recently incorporated into the Golden Gate National Recreation Area, said Howard Levitt, a spokesman for the park service.
Hesterberg, who said he didn't have identification with him, allegedly gave the ranger a false name, Levitt said.
The ranger, who wasn't identified, asked Hesterberg to remain at the scene, Levitt said. He tried several times to leave, and finally the ranger "pursued him a little bit and she did deploy her" electric-shock weapon, Levitt said. "That did stop him."
--snip--
The ranger was trying to educate residents of the rule, Levitt said.
(Excerpt) Read more at sfgate.com ...
Agree. I've noticed that a lecture now comes with every contact with law enforcement.
Our beloved police state. When I was a kid, I wanted to be a cop. Now I stay far away and I’m a boy scout citizen. I hear too many stories of power hungry a-holes looking to play Gestapo. IMO, it’s females that are the worst too.
I disagree, though I do understand that I'm focusing on a different point than you are.
Attempting to leave when told not to just aggravated the situation. I dont know if use of the Tazer was warranted but if he refused an order to stop three times as reported could be the Ranger felt she had no other option.
Again, there is a time limit beyond which an order to stop is no longer lawful. I don't know what the limit is, but I do know that it is illegal for an officer to detain you indefinitely.
I also know that an officer is legally obligated to respond to the direct questions "Am I being arrested?" or "Am I being detained?". The officer does not have the freedom to not respond to these questions.
I am not certain that the information presented in this thread is complete or fully accurate. However, based on what I've read, it doesn't seem that either side was fully in the right.
Law enforcement is out of control. They hire crazy nuts like this #@%&#%, saw down the doors of the wrong people and throw their wives and kids to the floor under their guns
http://news.yahoo.com/fbi-cuts-down-mass-moms-door-wrong-home-143434056.html
blow away dogs defending their own property from trespassing cops with no warrent, then close ranks behind the maniacs who do this.
The “situation” is the idiot law-enforcment officer TASERED a guy for walking away from a walking dogs off lease offense!!
What would she have done if he was walking on a lawn that had a keep off the grass sign on it!
The guy couild have DIED from a taser if he had heart problems.
I hope the idiot *itch who did this gets eaten by a grizzly.
NO BIG LOSS.
Either side doesn’t have to be “fully in the right”. That still doesn’t give the dog walker the right to leave when told to stay.
Giving a police officer a fictitious name is a felony in some jurisdictions. So is refusing to stop when asked to.
Ok, I realize you don’t give the wrong name to the authorities. BUT, since when in the United States of America is it mandatory to have ID on your person when you’re out walking a dog? Why did the ranger not defuse the situation instead of going into gestapo mode? Was she not there to educate? It’s a
How did the ranger find out the man gave the wrong name unless he had ID? This just is not logical.
Stormer, I can’t imagine what decent police put up with, but I’m very alarmed at stories of citizens being tazed when they are NOT A THREAT to the officer in any way. As you know, there have been more than a couple of deaths from this device. It should only be used as a last resort.
Did this man act like a jerk? Well, yes. But in a free society law enforcement should not use lethal force on someone unless they’ve eliminated all other options.
On the chance you might suggest that because this ranger was a female, she used electricity to “protect” herself. As a woman, I reply that if she’s not physically capable of doing the job just like a man, she has no business whatsoever in that career.
Have you ever bothered to read the United States Constitution?? Unless a person is operating a motor vehicle you cannot expect a citizen of this country to have identification on his or her person.
If the officer refused to inform the detainee that he was being detained, despite being asked point-blank, then yeah, the order to stay was illegal and the guy had every right to walk.
Though it's usually the wisest course of action if you prefer not to bleed or suffer pain, the law does not require you to do everything a cop says.
Looks like more information is coming out that shows Mr. Hesterberg in a new light, i.e., jerkwad extraordinaire.
“”It appears the incident began as one of several educational contacts that day about the NPS rules on dog-walking,” said Howard Levitt, the recreation area’s communications director. “But this one developed into a more serious law enforcement situation when the person being contacted provided false information.””
“Hesterberg allegedly refused to provide the ranger with printed identification, and she realized he had told her a false name when she called dispatchers to verify, Levitt said. While she was on the telephone, “the man failed to heed repeated orders to remain at the scene” and the ranger used her Taser, he said.”
“”Any law enforcement officer has a variety of means by which to insure compliance in a law enforcement situation, so the standard is they exercise reasonable judgment to ensure compliance in any situation they find themselves in,” Levitt said.”
“Rosenberg said the chief ranger for the recreational area replied with some details of the incident. In the response, which she shared with The Associated Press, Kevin Cochary said Hesterberg was “not compliant, tried to run away and lied to the investigating ranger about his name.””
“”We will look into this matter in depth,” Cochary wrote.”
“Hesterberg was arrested on suspicion of failing to obey a lawful order, having dogs off-leash and knowingly providing false information, Levitt said.”
As in any jurisdiction, just do what the nice officer says and there will be no problem at all. Having the dogs off the leash only provided the Probable Cause to stop the man and talk to him. If he hadn’t refused to hand over his ID, and if he hadn’t given a false name, he wouldn’t be sitting in jail right now. Actions have consequences.
I know you have to cough up a driver's license when you're driving. I am aware of no statute that requires that you provide identification when you're walking in a public space.
You should read the story.
This is not a constitutional issue. The Ranger observed an infraction and asked the dog walker for identification.
He said he didn’t have any (OK, he doesn’t need any to walk a dog) but then he LIED and gave a false name. This is a felony in many jurisdictions.
Thats not new information - that was the aggro “rangers” story from the begninning.
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