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CGB:

Arkansas: Passenger Gets $1 After Excessive Cop Tasering

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Source: thenewspaper.com

Barling AR - A passenger who walked away from a traffic stop in Barling, Arkansas was tasered and beaten by local police. Though the force used was excessive, a federal judge ruled on December 27 that Derrol Dee Kirby III should only get $1 for his pain and suffering.

Prior to a 2010 US Supreme Court ruling (view case), some courts argued that passengers were not seized and that they could "walk away" from a traffic stop because they were not under arrest. In this case, Kirby was riding in a vehicle that allegedly ran a stop sign and had no license tags on November 8, 2005. Kirby's girlfriend, Danielle Ingram, had been driving the car and was arrested because she had what appeared to be methamphetamine in her purse. Police performed field sobriety tests and a breathalyzer test on Kirby, even though he was not driving. He was found to have a blood alcohol content of 0.04 -- under the legal limit. His mother was called to the scene so that she could take Kirby home.

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Posted By Swabbie on 1/7/2012 6:58 AM | CGB
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