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''Bryan v. McPherson'', 630 F.3d 805 (9th Cir. 2009), was heard by United States Court of Appeals for the Ninth Circuit in October 2009. Plaintiff-appellee Carl Bryan was tasered by defendant-appellant Officer Brian MacPherson after being pulled over to the side of the road for failure to wear a seat belt. The case considered whether MacPherson’s use of a taser during a routine traffic stop violated Bryan's Fourth Amendment rights. The majority opinion, written by Kim McLane Wardlaw, declared that the use of the taser in this situation could be considered excessive force. Richard Tallman and Consuelo María Callahan wrote the dissent. This case affirmed that this use of a taser could indeed be considered excessive force.〔''Bryan v. MacPherson'', 630 F.3d 805 (9th Cir. 2009).〕 ==Facts== In the summer of 2005, 21-year-old Carl Bryan planned to drive his brother from their cousin’s home in Ventura County back to his parent’s home in San Diego County. That day, due to certain events, Bryan was greatly upset. His cousin’s girlfriend had accidentally taken his keys to Los Angeles and Bryan, wearing the boxers and shirt that he had slept in, had to drive there in order to pick up the keys. He then would be forced to drive back to Ventura to pick up his car and brother. While traveling on the 405, Bryan was stopped by a California Highway Patrolman and issued a speeding ticket. He began crying, moping, and removed his t-shirt to wipe his face.〔 After crossing the Coronado Bridge at about 7:30 in the morning, Bryan was stopped by Officer Brian MacPherson at an intersection. MacPherson was stationed to enforce seatbelt regulations. Bryan had failed to buckle his seatbelt after his previous encounter with the police. MacPherson approached Bryan’s window and asked if Bryan if he knew why he had been stopped. Bryan did not answer. MacPherson requested that Bryan turn down his radio and pull over to the curb. Bryan complied with both requests, however while angrily hitting the steering wheel and yelling expletives to himself. MacPherson testified that he told Bryan to remain in the car, while Bryan testified he did not hear that. Standing outside of the car, approximately 20–25 feet away from MacPherson, Bryan began jumping up and down in the middle of the street with clenched fists. Bryan claimed he struck himself on his thighs because he was angry at himself. He was clad only in his boxer shorts and tennis shoes, and claimed he was yelling gibberish to himself. Witnesses nearby at the Coronado Yacht Club, which was over 100 yards away heard Officer MacPherson repeatedly yelling, "Stay in the car! Don't get out of the car!" They also heard Bryan yell, "Fucking cop!" It is undisputed that Bryan did not verbally threaten MacPherson. Rather, it is unclear whether Bryan made any movement towards MacPherson. MacPherson testified that Bryan took “one step” toward him. Without giving any warning, he shot Bryan with a taser gun, a device designed to fire a dart up to ½ inch into bare skin and deliver a 1200-volt charge. Immobilized by the electric shock, Bryan fell face first to the ground, fracturing four teeth and suffering numerous facial contusions.〔 The physical evidence of blood on the pavement indicate Bryan turned and fell away from Officer MacPherson, though the probes were embedded in Bryan’s front upper left arm and his front upper left thigh, which do not suggest that Bryan was facing away from the officer as Bryan had claimed. (Photos of these forward facing taser barb puncture sites were attached to the police report). He was arrested and an ambulance took him to the hospital. Bryan was charged with resisting and opposing an officer in the performance of his duties in violation of California Penal Code § 148. Bryan was tried on this violation, but following a hung jury, the state dismissed the charges.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Bryan v. MacPherson」の詳細全文を読む スポンサード リンク
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