[metmom]

Smith was handcuffed and sitting on the floor of Niagara Falls Police Headquarters when he was zapped with the 50,000- volt electronic stun gun after he insisted he would not give a DNA sample.

So they have the right to FORCE a DNA sample from you? Couldn't this fall under Miranda rights?

[metmom]

ping

[omega4179]

5th Amendment and Miranda. Goodbye Freedom.

[smokingfrog]

Tortured for evidence!

[Big_Monkey]

"So they have the right to FORCE a DNA sample from you?

I thought that they couldn't compel a DNA sample without a court order. I guess I was wrong.

[metmom]

ping

[Big_Monkey]

My bad. I shouldn’t have read it so quickly. They did get a court order, twice. He voluntarily gave the first one, but that sample was compromised. So, they got another court order and when he resisted, they forcibly took a sample.

[MortMan]

Actually, under this ruling, they have a right to torture you via the introduction of high voltage into your body, without any compelling safety reason, to obtain DNA.

This is absolutely frightful!

[TornadoAlley3]

*

[coconutt2000]

This is just plain stupid. We leave little bits of us all over the place. All they have to do is put him in lock up for a night, give him a clean pillow and blanket, and the next day collect whatever little hairs and dandruff he sheds overnight.

This is a case of excessive force, unwarranted force, and police brutality. If he refused to give a DNA sample then the DA’s office should’ve been called to consult. If a subpoena or warrant for the DNA had been issued and he still declined to give his DNA voluntarily, then he’s just added contempt of court to his list of charges. And again, unless he’s struggling while in custody and threatens the officers restraining him with bodily harm, using a taser is wrong. Doesn’t mean a safety minded officer shouldn’t already have his taser out just in case the prisoner got rowdy and asked for it though... That would be different.

[Krankor]

When I first read the headline, I thought the police shot the guy with a taser and then got his DNA from the prongs when they pulled them out.

[east1234]

It's an unreasonable search and seizure without warrant, this judge is a moron.

[Travis McGee]

[bamahead]

Libertarian ping! Click here to get added or here to be removed or post a message here!
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[ctdonath2]

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.

[elkfersupper]

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.