Destruction of Police Property Defense?

[discreet7]

What is the name of your state? MI

Defendant claims that he was arrested and handcuffs were put on him so tight that he was in excruciating pain. Defendant bit squad car door. Defendant has carpal tunnel syn. Has this a snow-ball in hell chance for defense??

 

[JETX]

Has 'what' got a snow-balls chance??
We can't tell if you are talking about alleged damage to the police car (or other property) or the subjects possible claim for injuries due to the 'too-tight' handcuffs.

 

[HomeGuru]

What is the name of your state? MI

Defendant claims that he was arrested and handcuffs were put on him so tight that he was in excruciating pain. Defendant bit squad car door. Defendant has carpal tunnel syn. Has this a snow-ball in hell chance for defense??

**A: and why did the defendant bite the squad car door? Was he/she part dog?

 

[discreet7]

MDOPP

The reason the defendant claims to have biten the door of the squad car was because he was in terrible pain due to the handcuffs. I'm asking could this be used as any type of a defense for the MDOPP? Would he have a claim against the PD for the cuffs? Witness claims he saw the officer cuff the defendant, and officer never locked out the cuff so they couldn't tighten up.

 

[hmmbrdzz]

What is the name of your state? MI

Defendant claims that he was arrested and handcuffs were put on him so tight that he was in excruciating pain. Defendant bit squad car door. Defendant has carpal tunnel syn. Has this a snow-ball in hell chance for defense??

==============================

He** no. Tell the defendant to claim that his carpel tunnel nerve is attached to his brain and impeding circulation to his frontal lobes. That might do it.



hmmbrdzz

 

[discreet7]

Hmmm, pretty much what I thought too, but never hurts to ask those that know...thanks to all that replied.

 

[Boxcarbill]

What is the name of your state? MI

Defendant claims that he was arrested and handcuffs were put on him so tight that he was in excruciating pain. Defendant bit squad car door. Defendant has carpal tunnel syn. Has this a snow-ball in hell chance for defense??

I heard of one handcuff case that actually went to trial. In that case the handcuffs were placed on the female suspect arms behind her back and she was cuffed above the elbow, allegedly because her wrists were too small. Then the officer lifted her up from the ground by placing his arm behind her arms and lifting her to her feet. It injuried her shoulder. The police, of course, in response to her claim of "accessive force" charged her with agg. assault on a police officer in addition to the original misdemeanor charge of disorderly conduct. She found a female criminal defense lawyer that tried the "accessive force" case separate and the jury found that police had used excessive force. The agg assault charge (that is usually filed as an effective bargaining tool against charges of accessive force or police brutality) was dropped. And, yes, this was tried in a community that is very much strong on " law and order" and believes that Judge Roy Bean had it right by hang em first and save a trial. Very conservative area. So my answer would be, it depends upon the facts.

 

[discreet7]

boxcarbill:
That's an interesting story. The lawyer in the case that I mentioned said that since cuffs left visible bruises for a week after that "excessive force" was used. Am waiting to hear from defendant to find out what happened. Thanks.

 

[HomeGuru]

It would have been easier for the police to just have shot the defendant. Then there would not have been a problem over the handcuffs.

 

[brake pedal]

tough decision...

were i on the jury,if i could be shown the suspect was not violent at the time of arrest, and you say showed me evidence that a cuffed suspect could indeed kick a car door until it is no longer useable,the door frame bent ,the roof bubbled,and the door glass busted.(which i know can be done)
then pointed out that all the suspect did was bite the upholstry.
then i saw the pictures of the hand cuff marks.

you might get away with it...stranger things have happened.

 

[discreet7]

What I'm finding incredible about this is that the def. is being charged with a felony and the total damage is under $300. We're still waiting to see how the pros. atty is going to handle this.

 

[discreet7]

It would have been easier for the police to just have shot the defendant. Then there would not have been a problem over the handcuffs.

Don't they already do enough of that?

 

[GKris]

Looks like we missed one here.....

 

[discreet7]

No, actually it looks like we've missed a few....

 

[Son of Slam]

L.A.P.D., no cage in car, two officers. I'm in back with hands cuffed behind. I ask if I may smoke and driver says. "If you think you can" (this was 1967). I got cigarette and matches out of jacket and lit up, no problem. So, I figure, might as well relax. I bring my legs up and my wrists down and my hands are in front. I take a drag and the passenger cop says "WHAT THE PHUCK DID YOU DO!", and smacks me on the head with his baton.

Another time, in San Bernardino, the cuffs were so loose that I took them off. I think, "Should I give these to the officer?" HECK NO! I put them back on.