I asked my brother-in-law about this today, as he is a Sheriff's Deputy. He has seen the video on youtube and told me that the officer was a jackass and didn't need to do what he did.

Matt (my BIL) said that the trooper didn't have to tell the guy how fast he was going and that the best thing he could have done was to write on the ticket that the guy refused to sign the ticket and let the guy be on his way. When the judge would see that the guy refused to sign the ticket, the driver would have had the book thrown at him and there would have been absolutely nothing the driver could have said to make it better for himself.

Both parties were dickheads, according to Matt.

I like this assessment.

The cop may not have been legally required to tell the guy how fast he was going, but every time I've been pulled over for speeding the cop has told me by how much I exceeded the speed limit. What's the big deal?

Like Il Pad's BIL said, not requiring the the guy to sign the ticket does not mean you let him go scot-free. The cop has the entire incident on tape... why does the driver signing a piece of paper change that at all?

The guy was a jerk, but the cop had nothing to lose by letting him drive off, except for his pride. Tasering someone in the back is just wrong. If the guy is advancing towards you, maybe the use of a taser is justified, but the cop's safety was not in question.

Perhaps some of you lawyers know about this:

Wasn't the taser only legalized because it is preferred in situations when a gun is the alternative? Isn't it then only supposed to be used when a gun would have otherwise been used? I'm constantly reading stories about people being tasered for trivial things. If a cop needs a taser in order to subdue someone, that cop needs to go back to the academy. If a cop uses a taser on an already subdued or compliant person, the cop needs to be fired immediately.

In this case I don't it was justified at all, in fact I jumped a bit when it went off -- never expected it to be used so quick. And this was a routine traffic stop for speeding, unless the guy starts getting physical with the officer there is no reason for this situation escalating to that extent. I have little sympathy for the driver, though, c'mon how hard is it to follow a few simple instructions?

That said, there are cases where a subject can be passive aggressive, which is not punching or attacking the officer, but at the same time applying force to prevent the officer from doing what he is trying to do (like apply handcuffs -- if the subject is holding his arm and resisting the cop pulling it back behind his back). This is the kind of scene that makes for the teevee news footage that looks like police brutality because the guy may already be on the ground and is not punching or anything like that, yet the officer(s) have to really be forceful in order to get the subject to comply. The job is not done until he is cuffed -- he could pop up and run off at any time.

She gave him permission to search. She could have said no.

I saw the kid interviewed on CNN. What a smarmy weenie. The guy says he thought the cop had pulled a gun on him. That's a load of crap. If you think a guy is holding a gun on you, you don't turn your back on that person and casually walk away from him. You stop, you get your hands out of your pockets, and you beg the guy not to shoot you.

I'm not justifying the cop's actions and not saying the kid deserved to be tasered, but there is no doubt that the kid is a total dick.

i'm probably jumping in way too late here, and i haven't read the whole thread, but was it an unreasonable request for the officer to at least tell him how fast he was going? the kid was justified in at least knowing that before he signed, at the same time, the kid could have been a bit more cooperative.. both are at fault..

alright, i read the thread... all my questions answered. great points by all.. carry on. :)

Was the kid saying the sign didn't say 40? Cause that was obviously false.

I guess I didn't catch that. I thought he just said I'm going to search the vehicle.