DNA from taser to be used in court

http://www.wivb.com/dpp/news/DNA_from_taser_to_be_used_in_court_20090604

DNA from taser to be
used in court
Prosecutors lost DNA sample on file

NIAGARA COUNTY, N.Y. (WIVB) - A Niagara County judge has ruled in favor of the police who tasered a man to get his DNA.

21-year old Ryan Smith is charged in a shooting and robbery in 2006.

Prosecutors apparently lost his DNA sample on file.

In September, when officers approached him with a court order for a swab sample, he refused so they tasered him to get it.

A judge ruled that prosecutors can use the DNA sample in court.

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http://www.buffalonews.com/home/story/692141.html

Ruling allowing Taser use to get DNA may be nations first
By Thomas J. Prohaska
NEWS NIAGARA REPORTER

LOCKPORT — It is legally permissible for police to zap a suspect with a Taser to obtain a DNA sample, as long as its 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.

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.

He already had given a sample, a swab of the inside of his cheek, without protest the previous month. But police sent it to the wrong lab, where it was opened and spoiled. Prosecutors who had obtained a court order for the first sample went back to Sperrazza, who signed another order without consulting the defense.

Defense lawyer Patrick M. Balkin denounced the ruling in an interview with The Buffalo News.

They have now given the Niagara Falls police discretion to Taser anybody anytime they think its reasonable, he asserted. Her decision says you can enforce a court order by force. If you extrapolate that, we no longer have to have child support hearings; you can just Taser the parent.

A police officer said that when Smith was ordered by officers to give his DNA, he adamantly refused.

I aint giving up my DNA again. I already gave it up once. Ill sit in jail. I aint giving it up. Youre going to have to Tase me, the officers report stated.

The officer wrote that he then applied the stun gun to Smiths left shoulder, a drive stun that is regarded as less painful than shooting electric prongs into a person, which is the usual Taser approach. Smith then consented to the sample, and he was arrested on a contempt of court charge.

In her ruling, Sperrazza cited numerous legal precedents and the states Criminal Procedure Law, allowing the use of reasonable force to carry out a court order.

Although there are no New York cases specifically dealing with using a Taser to accomplish that, the judge did find a Wyoming case where a court ruled it was legal to use a Taser to force a suspect to open his hand for a search.

Read the rest at the link above

Category:

News & Politics

Tags:

• police
• state
• brutality
• DNA

[ashleymadisyn]

poor ryan see ya in 80yrs

[BoiiWater]

Da Judge juss a Bytxh , Da jury SuCK diCK!!{weezy!}

Dey gave ma son Who-Kidd 45 FuCKn jointz .. WTF!!!

[MeritisDE]

Judge Sara Sheldon Sperrazza should be impeached, disbarred, and jailed.

[Brent376]

Good! They should be able to use it against him. Whats the matter? If he did not do it he should not have a problem with the test. OHHHH but thats right he did do it and he is mad he got caught so now its a "Violation fo my rights" What BS

[Jeff000000000000000]

would not any substance taken from a defendant be a violation of the 5th amendment.

[markmills8]

This is really nice;

Electrocution of suspects and steal their DNA...

Welcome to Nazi Amerika!

[CivilRadiant]

and?