Ruling Allowing Taser For Dna Collection Could Be Countrys First

06.05.09 | FL News Team

A ruling by a Niagara County, New York judge says it is legal for a police officer to use a TASER on a suspect to obtain a DNA sample. This is the first case in the U.S. to use TASER-aquired DNA as evidence.

A case in Wyoming notes the use of a TASER to force a suspect to open his hand, but no others that use the extracted DNA from a jolt. Judge Sara Sheldon Sperrazza added as long as it is not done, "maliciously, or to an excessive extent, or with resulting injury."

She decided a DNA sample obtained last September from 21-year-old Ryan S. Smith is legally valid and can be used at his trial in connection to a shooting and gas station robbery. He is charged with shooting a man in July 2006 after allegedly invading his ex-girlfriend's home and in a December 2006 robbery of a Niagara Falls gas station. His trial starts August 10th.