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Ruling allowing Taser use to get DNA may be nation’s first
The Buffalo News ^ | 06/04/09 08:44 AM | By Thomas J. Prohaska

Posted on 06/04/2009 4:42:35 PM PDT by metmom

LOCKPORT — 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.

Niagara County Judge Sara Sheldon Sperrazza decided that the DNA sample obtained Sept. 29 from Ryan S. Smith of Niagara Falls — which ties him to a shooting and a gas station robbery— is legally valid and can be used at his trial.

(Excerpt) Read more at buffalonews.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: New York
KEYWORDS: dna; lping; ny; policestate; taser
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To: metmom; Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; ...



Libertarian ping! Click here to get added or here to be removed or post a message here!
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21 posted on 06/09/2009 10:53:06 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: metmom
as long as it’s not done “maliciously, or to an excessive extent, or with resulting injury,”

What of mistakes? especially terminal ones? "Oh, we're sorry, we didn't know you had a pacemaker, pity the tazer fried it and you're dead now..."

What's the hurry that such risks are acceptable? Not like the guy's DNA is going to change. Use standard harmless "contempt of court" principles: stick him in a cell until he agrees to comply.

22 posted on 06/09/2009 10:58:20 AM PDT by ctdonath2 (John Galt was exiled.)
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To: ctdonath2
What's the hurry that such risks are acceptable?

Exactly.

23 posted on 06/09/2009 11:02:45 AM PDT by metmom (Welfare was never meant to be a career choice.)
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To: bamahead; Slings and Arrows; martin_fierro; MeekOneGOP; Daffynition; Allegra; restornu; ...

24 posted on 06/09/2009 11:04:02 AM PDT by Lady Jag (Communism + Hezbollah + Al Qaeda + Obama + StoneAge = CHAOS)
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To: Lady Jag

LOL...and I dare you to find an emptier one!


25 posted on 06/09/2009 11:05:40 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: Lady Jag; devolve
I found the rest of him, - full of hot air.


26 posted on 06/09/2009 6:08:16 PM PDT by potlatch ( When You Change The Way You Look At Things - The Things You Look At Change)
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To: metmom
So they have the right to FORCE a DNA sample from you? Couldn't this fall under Miranda rights?

Credit MADD for this.

Cops can now restrain you and suck blood out of you for a blood-alcohol test.

I can't wait until we have to pee in a cup, submit a DNA, hair and blood sample to get into the workplace everyday or start our cars.

27 posted on 06/09/2009 7:31:27 PM PDT by elkfersupper (Member of the Original Defiant Class)
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To: potlatch

.

Hussy Jr. is full of methane gas


28 posted on 06/09/2009 7:39:49 PM PDT by devolve ( . . . . Obama confiscated Teacher & Police Union pension funds? . . . . . . . . . . . . . . . . .)
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To: elkfersupper

You have heard about the breathalyzer thing that’s been talked about to install in cars in order for you to even be able to start them, haven’t you?


29 posted on 06/09/2009 7:41:09 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: devolve

Then he shall be highly taxed!


30 posted on 06/09/2009 7:51:50 PM PDT by potlatch ( When You Change The Way You Look At Things - The Things You Look At Change)
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To: metmom
You have heard about the breathalyzer thing that’s been talked about to install in cars in order for you to even be able to start them, haven’t you?

Sure have.

Also heard about the steering wheel sensor that continuously monitors your personal emissions.

31 posted on 06/10/2009 7:21:44 PM PDT by elkfersupper (Member of the Original Defiant Class)
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To: elkfersupper

Wouldn’t that be more effective in the seatbelt buckle?


32 posted on 06/10/2009 7:24:35 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: metmom
Wouldn’t that be more effective in the seatbelt buckle?

Only if you drive around with an open bottle of Scotch in your crotch like we did in the good old days.

33 posted on 06/10/2009 7:47:05 PM PDT by elkfersupper (Member of the Original Defiant Class)
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To: elkfersupper

Oh, THOSE personal emissions, not the other ones.


34 posted on 06/10/2009 7:57:51 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: metmom

I guess I should have said emissions and excretions.


35 posted on 06/10/2009 8:06:15 PM PDT by elkfersupper (Member of the Original Defiant Class)
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