Smith was handcuffed and sitting on the floor of Niagara Falls Police Headquarters when he was zapped with the 50,000- volt electronic stun gun after he insisted he would not give a DNA sample.
If your head isn't spinning around like that of Linda Blair's in "The Exorcist" upon reading this, you've missed one of the most important aspects of this ruling.
Now, New York State police have carte blanche to use a stun-gun as a DNA gathering device, no matter what the circumstances.
And that statement"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,” absolutely won't work in the real world, when cops have been legal permission to use a stun-gun for this purpose.
But what if that person zapped is the wrong guy, and could conceivably be killed or maimed for life by a 50,000 volt stun-gun?
The New York State Police has just been held harmless and indemnified against any responsibility when an incident like this happens, courtesy of this insane ruling.
And folks, trust me: it will happen.