According to Wallentine (2010), curts while deciding such case are making use of the “principles of Graham v. Cnnor” with regard to the usage of an “electronic control device”. I the case of Bryan v. Mcpherson, te Ninth Circuit Court of Appeal held that “TASER or any other electronic control device” is in effect an in-between quantum of force (Wallentine, 2010). I the case of Bryan who made use of drugs and we can say that he was mentally ill in terms of his health. TSER was used by law enforcement officer due to which, Byan fell down and lost his four teeth besides minor injuries.
Ater this incident, te law enforcement officer was sure about the fact that Bryan was distressed mentally and was in urgent need of safety (Wallentine, 2010). Wen the court examined this case along with other matching cases, i was of the opinion that for analyzing the situation of the convict, te law was not applied rightly for the situation. Te law enforcement officer made a mistake by selecting the wrong strategy to with the convict.
Te force option was wrong. Tere is a further reportage that the officer made use of more than required force in using the TASER against the convict for his own reasons that are still unknown until this juncture. Acording to the court, uage of TASER for Bryan was not reasonable since Bryan did not pose an immediate threat to the officer / other person. Te decision is enforceable on officers within the 9th Circuit. Te judges were of the view that officers are responsible to clearly established law (Wallentine, 2010).
Aother two cases that relate to the usage of TASER namely “Brooks v. Sattle” and “Mattos v. Aagano” are in the process to be allocated to judges of 9th Circuit Panels to define the law. Hwever, te constitutional explanation is the prerogative of Supreme Court. Te Supreme Court rightly applied the principle of Graham v. Cnnor’s “objective reasonableness”, wich evaluates the decorum of why an officer has opted for a specific force tool (Wallentine, 2010). Tere cannot be two opinions about search and seizure, wich under the category of civil law and common law.
I is a lawful process. Acording to which, plice on suspicion that a crime is committed can search a property in possession of a person and confiscate it to connect as evidence with the crime. I many developed countries, pople have the...
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