Is is legal to taser a handcuffed 18 year-old?

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Is is legal to taser a handcuffed 18 year-old?

My son resisted arrest and was charged with drinking and disorderly conduct. He is 18 and was taken to hospital where he was handcuffed to bed. He freaked out and started cursing and spitting. There were 3 police officers which weighed in excess of 600 lbs; my son weighs 150 lbs. Instead of restraining him they tasered him. Then he became worse when they were all laughing and they tasered him again.

Asked on July 31, 2011 New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Depending upon the circumstances of an altercation, law enforcement for their protection and your son's protection may be within its rights to have used the force that was used in retsraining your son even though he was handcuffed to a bed.

You need to read the police and incident report carefully to see law enforcement's version of what transpired and compare the the written documents with your son's version.

If in fact your 18 year old son was actually drinking alcohol and engaging in disorderly conduct, his ability to recall the events which actually happened with law enforcement may be slightly off due to the fact tha alcohol ingestion affects one's ability to recall events.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Depending upon the circumstances of an altercation, law enforcement for their protection and your son's protection may be within its rights to have used the force that was used in retsraining your son even though he was handcuffed to a bed.

You need to read the police and incident report carefully to see law enforcement's version of what transpired and compare the the written documents with your son's version.

If in fact your 18 year old son was actually drinking alcohol and engaging in disorderly conduct, his ability to recall the events which actually happened with law enforcement may be slightly off due to the fact tha alcohol ingestion affects one's ability to recall events.


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