Man Tased flying his drone in State Park

[waday]

TPF handles not only civil law, but criminal law as well.

Just ask us!

Don't worry. We all work pro bono. No retainers from us.

 

[Braineack]

well, ignorance of the law is not a valid excuse*, so it pays to be in the know.


*unless you're an officer--it's case law that you don't actually have to know/understand the laws you are enforcing giving you limitless RAS and PC.

 

[480sparky]

Everyone is tossing out case law in defense of tazing someone who may not have even committed a crime. For all we know, NO LAW WAS BROKEN. The ranger asked the operator to 'bring it down', which apparently he did. And if no crime was committed, the ranger has no cause and he's free to leave.

 

[vintagesnaps]

He was charged and has a court date. Here's a story from a local news station in Hawaii and an AP (Associated Press) article that was published by a number of legit new sources/newspapers (link not working now).
Volcanoes ranger uses taser on man flying drone More Local News - KITV Home

It doesn't seem he was tased just because he was flying a drone, it was after he'd been asked three times to bring it down, refused to identify himself, then took off running and was heading toward a cliff with a 500 foot drop. At that point the options probably weren't good since he seems to have refused to cooperate with what he was being asked to do, and the ranger obviously couldn't let him keep running toward a fall that he most likely would not have survived.

Running and refusing to identify himself are suspicious behaviors and would indicate there could likely be something else going on with him - a suspended license? a warrant? previous record? What made him run off? he certainly didn't seem to be thinking of his wife and kids when he took off. Maybe there's more to the story that will come out eventually.

I read (and can't find it again now) that rangers in national parks have been authorized to carry tasers since 2008 and there have only been about 5 times that one has been used.

 

[crimbfighter]

Gray area is proudly the wrong words.

Lets say a bad guy just shot someone dead and runs away. No one is going to think twice about a police office shooting the bad guy in order to stop him/her from getting away. No jury is going to convect them on it. CHL holders on the other hand can't by law shoot anyone running away.

Sorry. You've been watching too many movies. No police officer is going to get a "Get Out of Jail Free" card when they just up and shoot someone (even if said someone just committed murder) for the purpose of keeping them from getting away. Not no way, not no how. Running away poses ZERO THREAT, both to the officer and the public. And zero threat does not allow lethal force.

While I usually agree with you sparky, in this case, you're incorrect. "Greater Danger Theory" allows for the use of deadly force on a person if the escape of the person poses an imminent threat of death or great bodily harm to others. It's not only trained in LE nation wide, it's also supported by case law. Make no mistake, it's not a "get out of jail free card," those don't exist, but it is legal under the right circumstances and fully supported by our supreme courts so long as the officer can articulate the threat. And you can bet that someone who just committed a murder poses an imminent threat to anyone they encounter next.

 

[480sparky]

...........And you can bet that someone who just committed a murder poses an imminent threat to anyone they encounter next.

And the 'greater danger' is.......??? He might fly a drone again?

Well, that's certainly reason enough to taze someone.

 

[crimbfighter]

...........And you can bet that someone who just committed a murder poses an imminent threat to anyone they encounter next.

And the 'greater danger' is.......??? He might fly a drone again?

Well, that's certainly reason enough to taze someone.

I'm not applying it to the case that's being discussed. I won't weigh in on that case because I don't have all the facts. And i don't mean the "facts" that are posted online and in news outlets.. Frankly, only after a thorough and comprehensive investigation, with both internal AND external investigators, should we be letting ourselves get bent out of shape about what did or didn't happen. I'm stating that as a general rule for using deadly force on a fleeing person. Also keep in mind, the use of force must still be "objectively reasonable" when the force is used, and if it is not, then the officer could face charges or personal civil liability in a lawsuit.

Also, fortunately, most states have imposed stricter laws on use of force with regard to fleeing persons. Remember, federal case law is the minimum standard, and individual states can enact stricter applicable laws. In Wisconsin, for example, the officer cannot use deadly force on a person simply because they committed a felony and are fleeing. The officer needs to be able to articulate the threat that person poses. And yes, I reiterate that someone who just committed a murder poses an imminent threat to the next person they encounter. Flying a drone? Not so much.. But again, until ALL the facts are known, I withhold judgement on the officer and the person who got tazed.

 

[robbins.photo]

Well from prior experience I can say that running from the police rarely if ever works out well. They tend to get just a tad huffy when you do that.

 

[Designer]

So lessee if I've got it:

1. Don't do anything stupid.
2. Obey lawful orders.
3. Always tell the truth.
4. Thank the nice officer.

 

[BananaRepublic]

Have you not seen COPS on CBS

 

[Designer]

Have you not seen COPS on CBS

Asking me?

No.

 

[BananaRepublic]

Have you not seen COPS on CBS

Asking me?

No.

It sums up the whole shoot first ask questions later strategy

 

[Designer]

It sums up the whole shoot first ask questions later strategy

That's just one of the reasons I don't watch.

 

[robbins.photo]

Have you not seen COPS on CBS

Yes.

Ok, so revised list.

1. Always have a shirt on. Otherwise you will be going to jail.
2. If your drunk or stoned, keep your stupid butt at home
3. Always tell the truth, "I want my lawyer." See, that's the truth.
4. Thank the nice officer. Do not, however, say "I love you man." as your pretty much admitting to DUI right there.

 

[robbins.photo]

Have you not seen COPS on CBS

Asking me?

No.

It sums up the whole shoot first ask questions later strategy

I guess it's a whole lot easier to jump to that sort of conclusion when you aren't out there every day risking life and limb, not knowing if every time you pull someone over for speeding if they don't have a weapon of some sort and are just waiting for you to make a mistake.

Not so easy when you have a matter of seconds at most to make a decision that might cost you your life if you guess wrong. So on the whole I tend to give the boys in blue a bit of latitude in this regard.

In this case the guy was tased, which isn't fun but it's not the worst thing that could have happened by a long shot. But when you won't obey a cop and take off running for no apparent reason, well you just have to sort of expect that kind of response.