This video shows a confrontation between a couple in Cotati, California and police after the police were called to investigate a domestic violence complaint. The couple tells the police that they were simply yelling in an argument and refused to allow the police to enter without a warrant. The police respond by kicking down the door and tasering the couple.
In defense of the police, it is not clear if they can actually see the couple, particularly the wife. In a case of possible domestic abuse, police need to see the occupants to ensure that someone is not being or has been beaten. If the police were to simply leave based on verbal responses, there could be a victim found later who was unable to break free or seek help. I can understand the reluctance of the police to leave the scene without a visual on the couple. However, they could have sought a telephonic warrant.
Despite the compelling concern over the safety of occupants, there remains the question of whether the police can break down the door based on what they have been told and more importantly whether tasering was necessary simply because the couple was refusing to lay on the ground.
Police can enter a home without a warrant under “exigent circumstances” where there is a reasonable belief that there is an immediate need to protect their lives or the lives of others. Here the couple both respond to the police and demand a warrant as a precondition for entry. There is no allegation of a report of actual violence as opposed to yelling. The police are clearly suggesting that the suspicious conduct led them to be concerned for the safety of the couple, particularly the woman.
The police demand to know why the couple will not come out, though citizens are allowed to remain in their homes absent a lawful demand to exit the home. The woman is tased first and then the man. I fail to see the reasonable basis for the taser. They are clearly not obeying commands but they do not appear to be threatening the officers. As we have discussed before, tasers appear to be used increasingly in response to citizens who simply do not follow the orders of police.
What do you think about the entry and force shown in this video?
junctionshamus,
Our noses are in agreement.
“They are clearly not obeying commands…”
THAT is their sin. Daring to disobey the commands of a cop; how dare they?! Contempt of cop is at the root of soooo many of these abusive cases. Too many of these cops are out of control; and with very little repercussions it’s not surprising. Authority corrupts.
The taser was an overreaction. However, what the caller who reported abuse said is critical. The cops do need to see and talk w/ the occupants. How do they not know the possible abused person is not bleeding and terrified of the abuser. These are the toughest calls. If the cops just said, “OK, have a nice day,” that would have been equally wrong. The guy w/ the camera was an a$$hole. The cops needed to see the occupants. Again, the taser was wrong.
I hope this is a very expensive door for the police. As for the tasering, that just seems to be totally rediculous. They deserve to be sued and the person who tasered the victim (the woman) should be fired.
Gary T – The default setting for cops responded to a DV is that she’s the victim. In this case, she ended up fulfilling their fantasy, albeit by their own hand.
I smell litigation…
So does that mean I can shoot cops who enter my home unlawfully and will cause me harm (guns and tasers)? That is a very grey area to me as one is protecting life and home while the other is breaking and entering. LEOs are lucky they didn’t get shot
Suzie:
Where did you read that they were there to protect the woman?
I read it was a call for a domestic violence dispute.
Also, a lawsuit should be file asap, and charge among other things an unlawful assault by the officers via taser.
Tasers should not get a pass as a non-lethal weapon. Even if they are, it is still an assault.
Well now … where was their firearm? My goodness, a home invasion/castle doctrine and government tyranny all rolled up into one NRA dream package. So, I repeat, where was their firearm?
Having forced entry, and seeing the occupants weren’t bruised, the police could have backed out the way they came in and, had they any lingering concerns at that point, requested a search warrant. I think it’s probably a good 4A case.
While I am glad they did not simply walk away without checking on the well being of the them both, it simply doesn’t work that they can taser people indiscriminately. They should not be allowed to harm those they supposedly are there to protect.
Were the cops acting out concern for the woman’s safety or because they were being balked?
I suspect that many police actions are motivated by ego and then “justified” later.
Police officers are using Tasers with increasing frequency. Some departments that had a Taser problem equipped their officers with Taser cams to the tune of about $400 per camera. In those departments, Taser use has dropped to virtually zero.
In Russia, almost every car now has a dashcam because of insurance requirements. More and more homes and places of business have security cameras. This story is a good reason to have them. Such cameras are getting smaller. I know a guy who has a miniature camera in every smoke detector in his house and garage.
Can you say LAWSUIT!!!?
The cops were just making sure no one else horned in on their domain. Only cops are supposed to beat and kill innocent people.
QUOTE “Despite the compelling concern over the safety of occupants”
Don’t look like they are concerned about the “safety” of anyone in the house.
Tasers have killed over 200 people using them like that.
These cops need to be sued, & re-trained….you don’t use tasers unless there is a PHYSICAL THREAT to a officer or another person…this is CLEARLY not the case here!!
The Bible says police will be the new thugs. Come Lord Jesus and come quickly
http://home.earthlink.net/~btodd2/freewillnote.html
http://home.earthlink.net/~btodd1/k7vhq.html
Had a similar experience once with the ex minus the taser, the cops were barred entry absent a warrant and the cops left once they saw both of us were physically fine (other than she was drunk).
That was pre-9/11 police state though.
As AY notes, the jackboots think they can do anything they want without consequence now.
Seems the only ones doing violence were the cops.
Disturbing – they tazed her first and they are supposedly there to ensure her safety. They could clearly see both people and had absolutely no reason to enter the home. I hope the cops who decided to do this go to jail.
Unfortunately….. Under the current laws in many states….. This is the way it’s going to go…..