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Such notice shall not be required when: (a) there is reason to believe the notice will endanger the life or safety of the officer or another person or will likely enable the party being arrested to escape;
I don't follow. How would announcing "You're under arrest" in any way "endanger the life or safety of the officer or another person"? And heaven's to Betsy, surely you don't think that in the time it would have taken to say "You're under arrest" he would have escaped? It wasn't a foot chase.
I see your point. But I think you are missing the point.
When you are pulled over by an officer of the law, you are technically UNDER ARREST.
The officer explained that the speed limit was 40 and the driver admitted to doing 68. The officer wrote up the citation and asked the driver to sign it. He refused.
The driver was asked to get out of the vehicle.
The officer pulled out the taser and told the driver to turn around and put his hands behind his back.
The driver’s question “what did I do?” had already been answered. He was speeding, given a ticket, and refused to sign it, and then thought what ????? That there would be no repercussion for refusal to sign???
The driver stated something like “show me the sign”. The officer does not have to show him anything. If you want to argue technicalities, you do that in court.
Now, if you could prove that the driver was actually an alien from outer space, I might buy that he didn’t know he was being put ‘under arrest’ and into handcuffs, and would be hauled to the police station for refusing to sign.
Otherwise, we just have a person who thought he could wiggle out of it, or was such a bad driver that he didn’t NOTICE all the construction signs and guard rails and the speed limit sign. Pretty hard NOT to NOTICE construction work on the highway. It was however, evident on the video.