Out on the highway is not the time or the place to exercise your rights you feel
may have been abridged. Seldom are traffic stops wrong or incorrect. It has
always been comical to me when speeders or reckless drivers have the audacitry
to argue or become belligerent when stopped by an officer.When being
stopped for a traffic violation, you should accept your citation then appear
before the judge and plead your case with facts. The abuses police officers and
troopers receive is uncalled for and in some cases, the violator may have
brought on their own consequences with their behavior.
I fought a speeding ticket once and the judge told me that my signature on the
ticket WAS an admission of wrongdoing. We have this fantasy about the
constitutional rights, but they don't really exist unless you have a huge amount
of money to pay for lawyers. It doesn't really matter what the lawyers say about
constitutional rights and all that garbage, it's what the judge says when you
get in front of him. Unless you are rich...
Great a position paper by a civil rights attny.
Two things:1.) For some reason people believe that laws are not what
they are. That everything is solved by talking as if you are in some group
therapy session. There is a protocol to follow - a system - and if you defy it,
you are breaking the law.2.) The cop probably could have said
something like this, "Okay buddy this is what's gonna happen. You have a debate
over whether you were speeding. Fine. But there's a time and a place to do that
- in court. My job now is to ensure you sign this, which is your pledge to
appear in court. If you don't sign it, I'm gonna arrest you because you're
violating the law. If you resist, I'm gonna taser you or whatever else I have to
do to bring you under arrest. Are we clear?"I bet you this guy
would've shut up pretty fast.
I am surprised to see some of the comments in here and at other places which
imply that you MAY have constitution rights all over the country BUT NOT on a
highway.... as if highway was an entirely new country. They do sound like
someone who is working for Law enforcement agencies. In all fairness they should
disclose whether they work for Law Enforcement Agency or not in his/her/their
comment(s). - A concerned driver
I am a retired cop with 30 years under my belt. Who cares if the driver signs
or not. If the city and/or police department requires that all drivers sign a
traffic ticket and the driver refuses to sign, the officer has the option to
write "refused to sign" - What happened to civility and our police and community
I believe all speed laws are implied contracts under the Uniform commercial
code. Section 1-207 states that any contract you do not willingly, knowing agree
to obey you do not have to obey. namewithout prejudiceucc
1-207 look it up.
The cop was in motion at the time. A speed radar has to be stable to be
effective. I didn't see a 40-mile an hour sign until after the cop began to pull
this guy over, hence the argument "where's the sign at that you're talking
about..." How was the guy speeding? He was pulled over before he reached the
sign. Watch the video! The guy asked one question repeatedly... "What speed was
I going...?" The officer didn't know. The victims vehicle wasn't past the
40-mile an hour mark, before he was pulled over. In the jurisdiction (the
officer was in) could he have left the citation in the vehicle of the offender?
He was quick and cold the way he tased! I bet none of you people would be on
this cops side if this were your mother in the same situation. Did the cop have
the option of leaving the un-signed citation with the guy and leaving the scene,
or was he obligated to make the individual sign it? If he had a choice of either
the two, but chose to tase; then, he should be fired and never allowed to work
in law enforcement again!
The UCC code does not apply to normal citizens, the UCC code just apply to
merchants in the course of their business.
I have to wonder whether Gardner has a history of investigations for excessive
use of force. The motorist did NOTHING that could possibly justify being shot
for a speeding ticket...whether it was a bullet or a taser, a gun is a gun and
shooting someone is shooting someone. If Gardner is THAT twitchy with a weapon,
he needs to be reassigned to a desk job.I'm sure glad I'll never be
driving through Utah.
Review of the Tape will indicate that the trooper pulled his vehicle in front of
the temporary sign thereby blocking the sign from view of oncoming motorists.
That is a tactic used in speed traps. The trooper did not designate the offense
as e.g. 50 mph in a 40 mph zone. 'You were going kinda fast' doesn't cut it.
The Utah State Motor Vehicle web site states that a motorist can calmly explain
his actions to the officer at the time of the citation issuance and that the
officer will listen to his side. Didn't happen here. The trooper told the
motorist that he couldn't explain and that wasn't the place to argue his
case.When asked what his speed was the officer refused to tell him.
The officer did not tell the motorist that signing the citation was not an
admission of guilt. He did not tell the motorist that failure to sign
was grounds for arrest. He ordered him out of the car and told him he was under
arrest. The troopers body language and demeanor were those of someone looking
for confrontation. the trooper's use of the Taser exhibited
immature and dangerous conduct.
Well this seems like a played event. The driver with a smirk on his face as if
saying by deed- I darn you to shoot me! Of course the driver forgets he under
legal dentition until the officer releases him. Yet, if I were that
traffic enforcement officer I would have let the driver get back into his
vehicle and drive off, as I try the rationale appeal process in a loud and clear
voice. As the driver moves off- I think obstruction charges, evading charges,
etc; a string of felonies worth mentioning in video shown on U-tube.Remember driving is a privilege not a right.
This is a prime example of the abuse and neglect of power that has been passed
from the president to our lower public police who think they can trample over
the rights of individual americans.Thank Bush for this AttitudeTkatz
Agreed. This was horrifyingly unjustified. Don't get me wrong, I think tasers
are a great alternative to using a gun, but tasers should be used only when a
cop would otherwise use a gun. Would this same cop have pulled a gun on this guy
and shot him to death? I think not. This guy needs to get criminally tried for
unlawful force(if there is such a thing nowadays).
Hey common sense.... I'm 100% on your side but do have to correct you on one
thing.. Radar guns have 2 different settings. 1 for stationary monitoring
and one for mobile monitoring. (IE. If I'm traveling east and you're going west,
you actual speed still shows on the radar.) Other than that... This man has
NO BUSINESS being in any position of authority! Fire him and let him get a job
at Mc D's
"A person who abuses his power, acts so unprofessional and then jokes about it,
should not be in law enforcement." - That's the key that UHP are known for. I
understand that they must protect themselves in the line of duty but this
incident is ridiculous. Thank goodness I'm not living in Utah. I've had
experiences with them in the past and because of them, I don't think highly of
them anymore. They need to develop people skills seriouisly if they ever want
people's trust back again. Loooong way to go.
It's simple. This cop and his police unit supervisors can NEVER JUSTIFY
tasering that young man. This cop had an UNPROFESSIONAL AND
AGGRESSIVE attitude from the GET-GO. His actions should have been a complete
FAILURE AND EMBARRASSMENT TO LAW ENFORCEMENT OFFICERS ACROSS THIS GREAT
COUNTRY.The cop also CONVENIENTLY TWISTED - "LIED" to his fellow
officer when he arrived, regarding the details of what happened? -- check the
tape beginning to end.FIRE THE COP TODAY, NOT NEXT WEEK !! FIRE HIM
FOR HIS LYING, AS MUCH AS BAD AND UNPROFESSIONAL JUDGMENT.
I'm glad this incident happened. I've watched the video numerous times and
really enjoyed it. Perhaps we can get another taser video starring Brian
Bernard at some point.
This trooper went over the edge on this one. He clearly abused his authority.
There was no threat or hint of bodily injury occuring so pulling a weapon was
clearly over the top. If this one goes to court the patrolman is going to come
out looking bad as well as the Utah Highway Patrol. This cop needs to brush up
on his people skill and resist the tempation to impress people with his
The idiot driver was argumentative and not complying with the orders of the
trooper. The idiot turns and is walking away, with his hand in his pocket no
less, while the trooper is ORDERING him to stop. What was the trooper suppose to
do? Fight the idiot by the side of the highway? Shoot him with his pistol? Let
him get in his car and drive away? Or, zap his dumb butt? The trooper chose
correctly. The idiot wasn't even hurt. He was up walkin' around flappin' his
stupid mouth in a matter of seconds. The idiot got what he deserved. All this
crap for a speeding ticket!!
At 48, I just decided, after a life time of not agreeing with the ACLU, to
become a member. The fascist storm troopers and the courts that support them
are out of hand. If we don't re-take our rights, they will be gone forever.
Utah can now put out new state slogans:IN UTAH, ELECTROCUTION IS NOT
JUST FOR MURDERERS ANYMORE.COME TO UTAH, AMERICA'S ABU GRAIB.UTAH - WE'LL SHOCK YOU WITH OUR COURTESY, PROFESSIONALISM AND
RESPECT.UTAH - THE TORTURE STATE.UTAH STATE MOTTO -
"DON'T TASE ME BRO!"UHP - WE ESCALATE TENSIONS.UTAH -
MARQUIS DE SADE TASED HERE.
You must sign a ticket? Strange, I've never signed a parking ticket in my life,
how so?This cop was obviously having a bad day. He should be fired
and prosecuted to the fullest extent of the law.The Constitution and
our rights, are the rights of the people from their government. No one, has to
say one thing to anyone in government. Ever hear of the right to remain
silent?If this isn't a wake up call to people in Utah, I don't know
what it will take. I guess, when your on the receiving end of some nutcase cop,
will you decide to act.
I agree with GWC. The man was obviously on some kind of drug induced ranting
rage, a danger to himself and countless others on the highway. All people who
act in this manner should be at the leased Tasered if not shoot. Like here in
Russia we taser people for everything from buttoning up too many buttons on
their coats to people who look different. We dont think of it as unlawfull use
of force we think of it as free mental health treatment.
Don't forget that people (even young, healthy people not under the influence of
any drug) do occasionally die as a result of the shock a Taser delivers. It
should only be used when necessary to bring control to a potentially dangerous
situation. An unsigned traffic ticket is not a dangerous situation, and the
driver would still get a default judgment entered against him if he failed to
appear in court.
Lol, you cops are hilarious. The video indicts the cop perfectly. For one thing,
it is clear that the cop saw the guy get out of his vehicle and saw exactly what
he was doing with his hands (With a piece of paper, plainly obvious).The fact that the cop didn't feel "threatened" until the man had his back to
the cop shows how cowardly and gutless he was.If we ever get to a
point where social order breaks down and people have to fend for themselves, who
would you trust? A police officer who spits on the people or your common man and
"Seldom are traffic stops wrong or incorrect."BS, Darryl. It happens
all the time. Do you think cops are infallable? Cops often have ticket quotas,
too. Do you think cops are all honest people?"It has always been
comical to me when speeders or reckless drivers have the audacitry to argue or
become belligerent when stopped by an officer."And it always makes
me wonder why cops always like to put on power trips with old ladies and fathers
with their kids listening in the car. So much for "to protect and to serve".
Now the theme is "Conform and Obey".Officers can do no wrong in your
The cop had the option of placing the ticket on his car and leaving the ticket
in force. The law did not require that he arrest him. He arrested him because
he was annoyed at the guy and wanted to teach him a lesson. The driver might be
annoying, but the cop must act professionally anyway. I used to have a lot of
respect for cops and thought that the people who complained about them should
just follow the law and learn some respect. Now, in the past couple of years as
it has become much easier to see them in action, it's clear that a huge number
of them are just sick thugs. Sure there are many who are decent hard-working
professionals doing a difficult job, but with so many sadistic cops out there, I
really can't trust any of them anymore. John
To even be drawn into either side of the argument is to miss the point
completely.#1. Police and law enforcement are NOT the citizens
superiors by ANY stretch of the imagination, PERIOD! They ARE, out of control
employees!#2. For the past 60 years it's been about two things
only... revenue, and a usurped, illusionary authority over the public to
aquire such... and we allowed it to happen.
Jared is a control freak who discovered a situation where he couldn't be in
control. Even at the end (of the video) he tries to intimidate the Trooper by
talking about Miranda rights.
Before the taser was invented the police carried billy-clubs --- anybody
remember? In the Rodney King case, the billy-club was used freely and the after
effects were obvious and undeniable. Video of the incident led to riots. Unlike the billy-club the taser leaves no lumps or bruises and draws no
blood. If the video had only shown Rodney King being tasered multiple times,
would there have been riots and charges of brutality? Apparently not, since many
videos of such incidents are available on Youtube today.In my view,
any device used by the police that causes its victim to fall to the ground
screaming represents police brutality. I don't understand why there is no public
outcry against this device.The taser allows the police to torture
innocent people with impunity since its victims appear to be unharmed
(physically, that is). Tasers should be banned. If police MUST use
force, let them use it honestly. Bring back the billy-club.
14justice, tasers have two prongs that enter the target's skin whice are removed
by a medical team after the incident has de-escalated. Police
brutality is when an officer uses excessive force to achieve compliance. Tasers,
police batons, and pepper spray are all tools that are less-lethal; meaning they
are short of deadly force. Less-lethal force has its uses and saves lives. For
example, a police officer in Colorado was attacked by a teenager wielding two
kitchen knives. Instead of utilizing deadly force (e.g. his firearm), he elected
to use a taser, which likely saved the kid's life. If he had not had a taser, he
would have had no choice but to use deadly force instead.I'm not
arguing that the officer's actions in the speeding ticket case here were
appropriate. I AM saying, however, that you cannot automatically brand tasers
cruel and barbaric when they have saved many lives in other occasions. It is the
officer, not his tools, that determines whether there is excessive force, or
if a person does not comply with a police officer he is responsible for what
happens next, I have no pity for this jerk, and jerk is what he is, a jerk for
speeding and a jerk for not complying with a lawful command. All you libs need
to realize we need respect for law and order not punks doing as they please with
out any consequences.
the cops, former cops, and law&order creeps will defend police no matter what
police do.the 'liberals' will attack all police actions no matter
what they are.this society is SO polarized that it is now dangerous
to drive in an Utah highway, evidently.as to driving is a
privelege?hmmmwell with gas at nearly $100.00, and with
it taking about 6 months for gas prices to catch up,there may be a
time when highway traffic will be 90% less than now.at that point,
what will these aggressive cops DO?when the economy crashes, and a
breakdown of social order really happens, it isn't going to be a good thing to
be a cop.events like this one will be rememberd.you-tube
can be spammed by 'the usual suspects' but ppl ARE going to remember this.when they are cold and hungry, they REALLY WILL remember this video
incident.at that point, i would NOT want to be a highway patrol cop,
trooper, or what have ya.government officials and cops seem to
forget about the idea of 'blow-back'.irag is a good example fo that
idea.too bad no one is seeing or listening.
Trooper Gardner = Buck Savage (cops know this one) After shooting
Massey with the taser, ol' Gardner was standing there alone with no backup, with
the taser in 1 hand and cuffs in the other, not knowing if Massey's wife had a
weapon to shoot him with. If I were Gardner's supervisor I would fire him for
gross incompetence.Massey's an asshole but that's not against the
law - abusing people in the name of government is though. It sux to run into a
jerk like Massey, but that comes with the territory. Then Gardner
went over to taunt Massey's wife. Real classy move there. If I ever
get pulled over in Utah I'll definitely have my pistol cocked and ready (but
then again I'll probably just sign the danged ticket). I don't want
to hear any more about how hard it is to be a cop. Everybody has a hard job. I
used to be a narc officer - now I'm Joe civilian - and I can honestly say most
cops can't cut it in the real world with a real job.
Massey should have signed the ticket, BUT the cop WAS trigger-happy. As a
Jewess in the US, I ask: Why can't we ALL put our 2nd Amendment FIRST?
Troy Richards,You must like the idea of living in a communist
regime. Police officers are getting out of control because of the powers they
have. Cops are paid with tax money and they should be held accountable by those
who pay their salary, the tax paying public, not by their own departments.
Trooper Gardner was clearly out of line and just looking for an opportunity to
use his new toy so he could then brag to another officer about the "ride" that
this motorist got to take. If that doesn't show an abuse of power, I don't know
what does. When all of our rights are taken away such as the right to know what
we are being charged with, ect, you can thank guys like Troy. They don't see
the need to question abuses of power. He must also be a tax-fed parasite like
the honorable trooper Gardner.
deputy dog sez: remember driving is a privilege - not a right.WRONG!Numerous court cases have clearly stated that driving, ie,
traveling about for one's personal reasons, is a RIGHT not a privilege. Only
when one is engaged inb using the roads for commercial business does this become
a privilege. So, deputy dog,as well as others of like mind, it would
behoove you to purge yourself of those fascist misconceptions that you have been
indoctrinated with learn what your true rights are rather than what the dot.gov
has conned you into believing.
Mrs. Massey would have been completely within her rights to respond to Trooper
Gardner's assault on her husband with whatever force was necessary to disarm or
disable the officer and rescue Jared Massey. Under the
circumstances, with her husband lying bleeding and stunned by the side of a
highway because of the actions of an armed and aggressive man, the pregnant
woman might well have been fully within her rights to draw a gun and shoot
Officer Gardner.It's just fortunate that didn't happen. Without regard to any of the specifics of this stop, Officer Gardener
blatantly lies to his fellow officer at the end this video.Can the
Utah Highway Patrol, or the citizens of Utah for that matter, really allow this
officer to continue to testify in court after the citizens of Utah have a video
in which his integrity is so clearly shown lacking?
The orginal article was contradictory anyway. First they say the officer has
the right to arrest someone for not signing a ticket, and in the next breath,
they say not signing a ticket is not a crime under Utah State Law. Which is
it?? The cop was way out of line.
Sorry, deputy dog. I disagree. Driving is a right. We, in the USA have the
Consititution and Bill of Rights, as inalienable. We have the right to travel
unfettered. Just as the drafters of the Constitution had no idea what form
travel would take, it is guarranteed. Cars are the tools, and the most common
method of travel second only to walking. Car travel is not limited.It's the same as the Second Ammendment: The guns were not foreseen to their
future, but are guarranteed. I need no license to keep my guns, or bear them in
a responsible manner.
I Think that if you sped, then you should just sighn the stupid ticket. If you
felt like you need a better warning, whats a better warning then a gun pointed
at you? I think that the respect for law enforcment is in the toilet.
Jared clearly has a problem with authority. His actions brought on the officers
reaction (excessive or not).Mr. Massey could have avoided this situation
by (a) not speeding (b) following the officer's direct orders. (c)not thinking
he was above the law. I do feel bad forJared and his Wife, the whole
ordeal is traumatic. Bottom line, it could have been avoided.
"The UCC code does not apply to normal citizens, the UCC code just apply to
merchants in the course of their business."Omar, you poor, naive
fool. If you took a driver's license, if you have a Social Security card, if you
have a passport, you are part of their commercial system. Through any one of the
government services you have to sign up for anymore, you inherently sign
yourself away as a cog in their system.I think it's a great policy
to never sign anything the government hands you.
Yes..The speeder was an idiot. Sign the ticket and move on. If he had done what
was asked he woudnt have had this problem. However, The officer
could have had better judgement on his part.He (and those like him )
are the reason so many people do not like cops in the first place.Both Cop and civilian are idiots.