Where is Lew when we need him?

[gae]

Cop Uses Taser Gun On Man Who Refused Urine Sample
Man Was Strapped To Hospital Bed

POSTED: 10:55 am EST March 9, 2005
UPDATED: 11:28 am EST March 9, 2005

ORLANDO, Fla. -- Authorities say a police officer twice used a Taser stun device on a drug suspect who was restrained to a hospital bed because the man refused to give a urine sample to medical staff.

Orlando police said Antonio Wheeler was arrested on a drug charge and taken to an emergency room after telling officers he had consumed cocaine.

The police document said Wheeler was handcuffed to a hospital bed and then secured with leather straps after he refused to urinate in a cup. When medical staff tried to insert a catheter to get the sample, Wheeler refused.

At one point, police officer Peter Linnenkamp noted that he jumped on the bed with his knees on Wheeler's chest to restrain him. Then, when Wheeler still refused to let the catheter be inserted, Linnenkamp said he twice used his Taser gun, which sends 50,000 volts into a target.

Friday's incident has prompted an internal affairs investigation.

<font size="2" face="Verdana, Helvetica, sans-serif">Maybe I'm wrong, but I thought we all had the right to refuse to provide any bodily fluids or submit to a breathalizer. Something about the Constitution??

[jumper69]

I can't wait until I get MY taser!!!! [img]wink.gif[/img] [img]graemlins/angel.gif[/img]

[Lew]

Obviously I'm not up on my Florida criminal procedure, but yeah, as a general rule, you don't have to give any such test under the grounds that it would incriminate you, something you don't have to do under the 5th amendment.

There are various exceptions, and one of them that may have applied in this case is if he was on probation. Often, when you sign a probation agreement, you waive your right against searches, seizures, etc. Although even still, if that were the case here, I still wouldn't have tasered him, I think you could demonstrate to the judge what happened and the judge would violate him anyway.

Our cops are getting tasers down here, it should be interesting. I think on the whole it will be better in the end, but there are going to be some growing pains.