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Criminal Law

: Fourth Amendment

CA9: Use of Taser during domestic disturbance call was reasonable

By John Wesley Hall, Jr.

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Use of Taser by police during a domestic disturbance call was reasonable because of a risk of danger. Mattos v. Agarano, 2010 U.S. App. LEXIS 694 (9th Cir. January 12, 2010): Finally, in weighing the gravity of the Fourth Amendment intrusion against the government's interest, we conclude that the force used against Jayzel was reasonable within the meaning of the Fourth Amendment. Even though we find that use of a Taser represents a serious intrusion on interests protected by the Fourth Amendment, we recognize that in responding to a domestic violence call, the officers confronted a dangerous and volatile situation. When an intoxicated Troy began yelling profanities at the officers and demanding that they leave, the officers felt the need to arrest him to finish their investigation and diffuse the situation...continue to full post

Full post as published by Fourth Amendment on January 14, 2010 (boomark / email).

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