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LOCKPORT — It is legally permissible for police to zap a suspect with a Taser to obtain a DNA sample, as long as it’s 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.
Originally posted by Mudman21
Yes, the article states the man was the prime suspect of this crime, but remember, we are supposed to be innocent until proven guilty. And they tazed him to get him to comply. He wasn't resisting arrest or struggling with the police, he was simply saying no, which is his right.
This judge is basically saying it is O.K. to torture people if they do not comply with the police/courts. Make no mistake, tazering someone until they say yes is TORTURE! That to me is disturbing! The fact that our courts of law are backing this up is disturbing!