Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA9: Tasering pregnant woman not excessive force

By John Wesley Hall, Jr.

Officers had probable cause to arrest plaintiff when she refused to sign a notice of infraction for speeding in a school zone and she became disorderly. The officers Tasered plaintiff, but the pain was only an intermediate level, and it was not unreasonable under the circumstances, even though plaintiff was seven months pregnant. Her refusal to get out of the car was a threat to the officers. On the totality, it was not unreasonable. And, she was warned they would use the Taser if she did not comply. Brooks v. City of Seattle, 08-35526 (9th Cir. March 26, 2010): It would also be incorrect to say Brooks posed no threat to officers. While she might have been less of a threat because her force so far had been directed solely at immobilizing herself, a suspect who repeatedly refuses to comply with instructions or leave her car escalates the risk involved for officers unable to predict what type of noncompliance might come next...continue to full post

Full post as published by Fourth Amendment on March 27, 2010 (boomark / email).