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from Professor Jonathan Turley’s blog
Defense Shocked: Court Rules Police Can Use Taser to Collect DNA Sample
June 7, 2009
In New York, Niagara County Court Judge Sara Sheldon Sperrazza has issued a controversial ruling that police can taser a suspect who refuses to voluntarily submit a DNA sample. In this case, Ryan S. Smith sought to suppress DNA evidence that linked him to two crimes because of the use of the force against him. When told of a court order to obtain a second sample for DNA testing, Smith reportedly stated “You are gonna have to Taser me if you want my DNA.” That apparently sounded like a pretty good idea to the officers in the room…
Last fall, Smith refused to comply with an order to give a sample. He was stunned and then police took a swab from inside his mouth. What is most interesting is that The Buffalo News reported that officers were told to “use any means necessary” to collect the sample…
Related Story: Police officer tasers high school student in cellphone incident.
Filed under: New York State Politics, News, politics, social & economic justice Tagged: | Buffalo, courts, Criminal Justice, Judge Sperrazza, new york, Niagra County, Ryan S. Smith, Sara Sheldon Sperrazza, Sara Sperrazza, Taser
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